- 1 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3049 OF 2021(MV-I) BETWEEN: PRAMOD RAMA NAIK AGED ABOUT 18 YEARS S/O. RAMA J NAIK, R/O. DEVAGIRI, MAVALLI 2, MURUDESHWARA, BHATKAL TALUK, UTTARKANNADA DISTRICT-581 320 …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. GOWRI SHANKAR B NAYAK AGED ABOUT 36 YEARS S/O. BOMMAYYA NAYAK, R/O. MOGATA, ANKOLA, ANKOLA-581 314 2. RELIANCE GENERAL INSURANCE CO LTD BY ITS BRANCH MANAGER, BRANCH OFFICE, MAXIMUS COMMERCIAL COMPLEX, 4TH FLOOR, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 LIGHT HOUSE HILL ROAD, HAMPANAKATTA, MANGALORE-575 003 3. SRIKANTH AGED ABOUT 37 YEARS S/O. BILIYA NAIK, R/O. DEVAGERI, MATADAHITHLU, MAVALLI 2, MURUDESHWARA, BHATKAL TALUK, UTTARAKANNADA 581 314 4. UNITED INDIA INSURANCE CO LTD BY ITS BRANCH MANAGER, BRANCH OFFICE, KUNDAPURA-576 201 …RESPONDENTS (BY SRI. P.B. RAJU, ADVOCATE FOR R4, SRI. RAVISHANKAR S SMAPRATHI, ADVOCATE FOR R2, NOTICE TO R1 IS SERVED AND UNREPRESENTED, NOTICE TO R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2020 PASSED IN MVC NO. 918/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.2,31,470/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the vehicles involved in the accident were insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and discomforts, etc., and loss of amenities in life on account of permanent disability 1,00,000 - 4 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 2. Discomfort, inconvenience and loss of earnings to the parents during the period hospitalization 25,000 3. Medical and incidental expenses during the period of hospitalization for 17 days 1,06,470 Total 2,31,470 4. The Tribunal, on an analysis of the medical evidence, has rightly concluded that the claimant has suffered functional disability to the extent of 9% to the whole body. 5. The Tribunal has not granted compensation under the head 'loss of future income', since the claimant was aged about 13 years minor at the time of incident. However, as the claimant has suffered functional disability at 9%, as per the judgment of Division Bench of this Court in Master Mallikarjun Vs. Divisonal Manager, The National Insurance Co., reported in ILR 2013 KAR 4891, the Tribunal has awarded a sum of Rs.1,00,000/- as compensation towards disability. The said finding of the - 5 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 Tribunal has to interfered with in view of the subsequent judgment of the Hon'ble Apex Court in the case of Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari and Another in Civil Appeal No.10278/2025, wherein it is held that the calculation of loss of income necessarily has to be made in a case involving a child having suffered injury or having passed away. Therefore, in the instant case, as the injured claimant was a minor as on the date of the accident and the accident occurred in the year 2015, it would be appropriate to assess the notional income of the claimant at Rs.9,000/- per month in terms of the notional income chart prepared by the Karnataka State Legal Services Authority. Further, as the claimant was aged 13 years on the date of the accident, the appropriate multiplier applicable is '18'. Accordingly, the compensation payable towards loss of future income is re-assessed at Rs.1,74,960/- (Rs.9,000 × 12 × 18 × 9%) as against Rs.1,00,000/- awarded by the Tribunal under the said head. - 6 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 6. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.27,000/- (9,000 X 3 months) towards 'loss of income during the laid up period' as against sum of Rs.25,000/- awarded by the Tribunal. 7. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering'. 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards 'loss of amenities'. 9. The sums awarded as medical expenses at Rs.86,470/- and 'Conveyance, food and nourishment and attendant charges' at Rs.20,000/-, being based on documentary evidence, do not call for modification and hence confirmed. - 7 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 10. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and suffering (for short, 'P/S') already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and discomforts, etc., and loss of amenities (for short, 'L/A') in life on account of permanent disability 1,00,000 P/S-50,000 L/A-30,000 2. Loss of future income --- 1,74,960 3. Medical expenses 86,470 86,470 4. Loss of income during the laid up period 25,000 27,000 5. Conveyance, food, nourishment, attendant charges 20,000 20,000 Total 2,31,470 3,88,430 - 8 - HC-KAR CNR: KAHC010225742021 NC: 2026:KHC:38994 MFA No. 3049 of 2021 11. Thus, the claimant is held entitled to the total compensation of Rs.3,88,430/- as against Rs.2,31,470/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. The Insurance Companies - respondent Nos.2 and 4 are directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment as directed by the Tribunal. 13. The appeal is accordingly allowed in part. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 35