- 1 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.1671 OF 2024(MV-I) BETWEEN: MASTER SANTHOSH S., S/O SEENUVASAN @ SRINIVASAN, AGE ABOUT 17 YEARS, SINCE MINOR REPTD BY HIS FATHER AND NATURAL GUARDIAN, SRI SEENUVASAN @ SRINIVASAN S/O LATE MANI AGED ABOUT 46 YEARS, OCC : NIL, R/OF: 695, KOVIL STREET, AMBEDKAR NAGAR, THANDARMPATU THALUKA, VANAPURAM, CHENGAM, TIRUVANNAMALAI, TAMIL NADU - 606 753. PRESENT ADDRESS R/AT NO 206/1, 4TH CROSS, K S GARDEN, LALBAGH ROAD, BENGALURU - 560 027. …APPELLANT (BY SRI. SURESH M LATHUR, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 AND: 1. SRI VIJAYA SATHISHA RAO, W/D/S/O SATHISHA RAO, NO 141, SHIGC, 9TH BLOCK, 5TH PHASE, YELAHANKA NEW TOWN, BENGALURU - 560 064. 2. THE MANAGER, M/S ACKO GENERAL INSURANCE LIMITED, NO 36/5, HUSTIEN HUB, ONE EAST, SOMASANDRAPALYA, 27TH MAIN ROAD, SECTOR-2, HSR LAYOUT, BENGALURU - 560 102. …RESPONDENTS (BY SRI. D. MANJUNATH, ADVOCATE FOR R2, VIDE ORDER DATED 16.06.2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:21.11.2023 PASSED IN MVC NO.3771/2022 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 ORAL JUDGMENT This appeal is by the claimant seeking enhancement of compensation arising out of Judgment and Award dated 21.11.2023 passed by the IX Addl. Senior Civil Judge, Small Causes and Addl. MACT, Bengaluru (SCCH-7) in MVC No.3771/2022, in respect of injuries suffered and disability sustained by minor boy, aged 16 years in an accident occurred on 29.06.2022. 2. The Parties are referred to as per their ranking before the Tribunal. 3. Heard, Sri.Suresh M.Latur, learned counsel appearing for the claimant and Sri.D.Manjunath, learned counsel appearing for respondent No.2 - Insurer. 4. Admittedly, the claimant in this claim petition was a minor boy aged 16 years. The law is no more res integra in view of settled position of law by the Hon'ble Supreme Court in HITESH NAGJIBHAI PATEL VS. - 4 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 BABABHAI NAGJIHAI RABARI AND ANOTHER1. In paragraph No.9 of the Judgment, the Hon'ble Supreme Court, has held that, the monthly income of a minor must be considered on the notional income of a person fixed in minimum wages. Further, the Hon'ble Supreme Court has considered to award Rs.3,00,000/- towards 'loss of marriage prospectus' and 'pain and suffering' at Rs.5,00,000/- and 'loss of amenities' at Rs.2,00,000/- and enhanced the compensation from Rs.8,65,000/- awarded by the High Court to Rs.35,90,489/-. 5. Having considered the peculiar facts and circumstances involved in the present case, wherein the multiple fractures resulting in disability and the doctor's evidence stating permanent physical disability due to the injuries suffered is 27.46% to the left lower limb and 13.73% to the whole body, this Court is of the opinion, if the income fixed under the chart prepared by Karnataka 1 2025 SCC ONLINE SC 3446 - 5 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 State Legal Services Authority, for settling the dispute before the Lok-Adalat, for the year 2022 at Rs.15,500/- per month as notional income is considered, while assessing the compensation towards loss of future income taking the disability at 14% (13.73% rounded off at 14%) and multiplier at 18 considering the age 16 years, as per SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER2, would meet the ends of justice. Further, looking into the injuries sustained by the minor boy and disability suffered, it definitely will take away his future marital prospectus and affect his life. 6. In that view of the matter, this Court is of the opinion that the compensation awarded by the Tribunal requires reconsideration and reassessment. Accordingly, this Court proceed to reassess the compensation which are as under: 2 2009 ACJ 1298 - 6 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Towards pain and sufferings already undergone and to be suffered in future, mental and physical shock, hardship inconvenience on account of permanent disability 3,00,000-00 3,25,000-00 (3,00,000 + 25,000) 2. Towards discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization 25,000-00 30,000-00 (25,000 + 5,000) 3. Towards hospital and medicine charges 38,885-00 38,885-00 4. Towards future medical expenses 25,000-00 25,000-00 5. Loss of amenities - 30,000-00 6. Loss of income during laid up period - 46,500-00 (15,500x3) 7. Food, Nourishment and conveyance charges - 10,000-00 8. Loss of marriage prospectus - 1,00,000-00 9. Loss of future earnings - 4,68,720-00 (15,500x12x18x14%) TOTAL 3,88,885-00 10,74,105-00 7. Accordingly, the minor claimant is entitled for enhanced compensation of Rs.6,85,220/- (10,74,105 - 3,88,885) rounded off at Rs.6,86,000/-, which shall carry interest at the rate of 6% per annum from the date of petition till realization. - 7 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 8. For the foregoing reasons, this Court proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The Judgment and Award dated 21.11.2023 passed by the IX Addl. Senior Civil Judge, Small Causes and Addl. MACT, Bengaluru (SCCH-7) in MVC No.3771/2022, is modified and compensation is enhanced. iii. The claimant is entitled for enhanced compensation of Rs.6,86,000/-, with 6% interest from the date of petition till realization. iv. The entire enhanced compensation along with accrued interest supra shall be deposited by respondent No.2 - Insurer, within 6 weeks from the date of receipt of copy of this order before the concerned Tribunal. - 8 - HC-KAR CNR: KAHC010153922024 NC: 2026:KHC:45126 MFA No. 1671 of 2024 v. Upon deposit, out of the compensation enhanced, a sum of Rs.1,00,000/- will be released in favor of guardian of the minor to meet the incidental expenses and balance compensation shall be deposited in any interest bearing FDR with any Nationalized Bank for a period of five years, as the claimant by now attained the age of majority. vi. The Bank shall not permit any loan on the said amount without there being an order by the Tribunal/Court. vii. Trial Court record received, if any be sent forthwith to the Tribunal for further action without causing any delay. viii. No order as to costs. Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 19