- 1 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3988 OF 2021 (MV-I) BETWEEN: SRI. MANJUNATH S S/O. SHIVANNA AGED ABOUT 20 YEARS R/A DODDAHUNDI VILLAGE DHANAGALLI POST, JAYAPURA POST MYSORE DISTRICT-570 008. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SRI. SIDDARAMU S/O SWAMYGOWDA AGED ABOUT 43 YEARS R/AT HOSUE NO.465/E BANNAMGADI VILLAGE PANDAVAPURA TQ., MANDYA DISTRICT-571 434. 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., NEW KANTHARAJ URS ROAD BALLAL CIRCLE, MYSORE-4. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.03.2021 PASSED IN MVC NO.832/2018 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, C/C OF ADDITIONAL COURT OF SMALL CAUSES, MYSURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.4,38,000/- awarded by the Tribunal in MVC No.832/2018 vide judgment and award dated 31.03.2021, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was 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 3,00,000 - 3 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 2. Medical and incidental expenses 1,38,000 Total 4,38,000 4. Since the claimant-appellant was minor on the date of accident, the Tribunal has awarded the compensation by placing reliance on the judgment of Hon'ble Apex Court in "Master Mallikarjun vs. Divisional Manager, The National Insurance Company and another" reported in ILR 2013 KAR 4891. Aggrieved by the same, the claimant is before this Court for enhancement. 5. Learned counsel for the appellant - claimant would contend that though the claimant had suffered disability, the Tribunal has erred in not assessing the loss of future income and that the amount awarded under other heads is also meager. Accordingly, he prays to allow the appeal by enhancing the compensation. 6. On the other hand, learned counsel for the insurer supports the impugned judgment and award and prays for dismissal of the appeal. - 4 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 7. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 8. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 12% to the whole body. In view of the evidence of the Doctor - PW.2 and the wound certificate/disability certificate the said disability taken by the Tribunal is just and proper. 9. The Tribunal has not awarded compensation under the head 'loss of future income'. However, in view of the subsequent judgments 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, and Karuna Parmar v. Prakash Sinha & Ors. reported in 2025 INSC 1244, the Hon'ble Apex Court held that in a case of disability or death to a minor, future income has to be awarded to the minor or to his family members, by considering the income of - 5 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 the deceased/injured as per the minimum wages act prevailing on the date of accident. 10. Since the claimant was minor aged 17 years at the time of incident and that the disability is now assessed at 12%, as per the judgments of the Hon'ble Apex Court in the case of HITESH and Karuna Param stated supra 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, it would be just and appropriate to award the compensation towards loss of future income. Placing reliance on the above judgments, the accident was caused on 14.04.2018 as such, the minimum wages has to be considered at Rs.385/- per day i.e., equivalent to Rs.11,550/- per month. 11. As the claimant was aged 17 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,99,376/- (Rs.11,550 x 12 x 18 x 12%) towards 'loss of future income'. 12. Further the claimant is also entitled income towards 'loss on income during laid up period'. Having regard to the injuries - 6 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.34,650/- (11,550 X 3) considering the laid up period as three months. 13. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering'. 14. The Tribunal has not awarded any amount towards 'loss of amenities. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.30,000/- towards 'loss of amenities'. 15. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, nourishment and diet charges and attendant charges' at Rs.10,000/-. 16. The sum awarded as medical expenses at Rs.1,38,000/-, being based on documentary evidence, do not call for modification and hence confirmed. - 7 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 17. The contention raised by the learned counsel for the Insurance Company that the appellant-claimant is not entitled for 'future loss of income' since he is sustained only 12% disability cannot be accepted, in view of the above judgments. 18. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: 19. 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 this Court (Rs.) 1. Pain and sufferings 40,000 2. Loss of future income due to disability 2,99,376 3. Attendant, conveyance and other misc. expenses 10,000 4. Medical expenses 1,38,000 5. Loss of amenities 30,000 6. Loss of income during laid up period 34,650 Total 5,52,026 20. Thus, the claimant is held entitled to the total compensation of Rs.5,52,026/- as against Rs.4,38,000/-, - 8 - HC-KAR CNR: KAHC010252202021 NC: 2026:KHC:40746 MFA No. 3988 of 2021 along with interest at the rate of 6% per annum from the date of petition till its realization. 21. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 7