- 1 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 8984 OF 2019 (MV-I) BETWEEN: SRI NAVEEN, S/O JAYARAM, NOW AGED ABOUT 16 YEARS, R/AT B MALLAPURA VILLAGE, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DIST. …APPELLANT (BY SMT. KAMALA D K, ADVOCATE) AND: 1. SURESH BYKAJI PATIL, S/O BYKAJI, NOW AGED ABOUT 37 YEARS, R/AT: VATAR, KOLLAPURA ROAD, HATKANANGAL-TALUK, KOLLAPURA-DIST., KOLLAPURA. 2. RELIANCE GEN INS CO LTD, RELIANCE CENTRE, 4TH FLOOR, SOUTH WING, NEAR PRABHATH COLONY, SANTACRUZ (EAST), MUMBAI-400 055, BRANCH OFFICE:GEMSTONE, RAOBAHADDUR DAJIRAO VIKER COMPLEX, 517/A/2E, NEAR CENTRAL S.T.STANT, NEW SHANPURI, KOLHAPUR-416002. MAHARASTRA. …RESPONDENTS (BY SRI ASHOK N PATIL, ADVOCATE FOR R-2; V/O DATED 07.02.2023, NOTICE TO R-1 IS DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.01.2019 PASSED IN MVC NO.1851/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant challenging the judgment and award dated 11.01.2019 passed in MVC No.1851/2016 by the Additional Motor Accident Claims Tribunal, Arsikere (hereinafter referred to as the 'Tribunal' for short). 2. Heard Smt.Kamala.D.K, learned counsel for the appellant and Sri.Ashok.N.Patil, learned counsel appearing for respondent No.2. 3. Learned counsel for the appellant submits that the Tribunal has committed grave error in awarding total compensation of Rs.1,41,432/- despite the fact that CW.1 - 3 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 has assessed the disability at 34% as the appellant was a minor aged about 13 years at the time of accident and injuries are grievous in nature and injury No.1 is to the head. Hence, she seeks to re-assess the compensation by considering oral and documentary evidence on record. 4. Per contra, Sri.Ashok.N.Patil, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the Tribunal has rightly assessed the disability at 20% which itself is on higher side as CW.1 is not a Neurologist nor a treated doctor nor examined the patient. He assessed the disability only based on the medical records placed before him which is evident from cross-examination. Hence, he seeks to sustain the judgment and award of the Tribunal. 5. I have heard the arguments of the learned counsel for the appellant, learned counsel for respondent- insurance company and meticulously perused the material available on record. - 4 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 6. The appellant as well as the respondent are not in dispute that the claimant who was a minor aged about 13 years met with a road accident on 17.08.2016 and the said accident is due to the negligent act of the respondent No.1 which is required to be indemnified by respondent No.2-insurance company. The appellant has suffered following injuries: 1. Severe head injury 2. Pubic rami fracture right side 3. Abrasion over face 4. Abrasion over right shoulder. 7. In order to prove the disability and claim, the injured examined his father as PW.1 and also examined Dr.Mosin Zarar Ahamed as CW.1, got marked Ex.P1 to Ex.P17 and Ex.C1 to Ex.C6. Respondent did not adduce any evidence. It is to be noticed that the Tribunal considering the oral evidence of CW.1 and cross examination of the said witness has come to a conclusion that the assessment of disability by CW.1 is on higher side - 5 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 as he is not the treated doctor, nor is he a Neurologist nor has he examined the patient, based on such reasoning assessed the disability at 20%. In my considered view, the same is just and appropriate and does not call for any modification. 8. The Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari & Anr. reported in 2025 ACJ 1986 held that the award of compensation in case of minors, the Tribunals and Courts are required to assess the income of the injured/deceased as the case may be notionally by considering minimum wages of a skilled worker and require to award compensation. Keeping in mind the enunciation of law laid down by the Hon'ble Supreme Court in the aforesaid case, the compensation is required to be re-assessed in this appeal by considering the oral and documentary evidence on record, more particularly keeping in mind that the minor injured has suffered severe head injuries and he was inpatient for a period of 14 days. By considering the - 6 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 income of the injured notionally at Rs.9,500/- as per the notional income chart prepared by the Karnataka State Legal Services Authority, the compensation is re-assessed as under: Sl. No Description Amount 1 Pain and suffering Rs.75,000 2 Medical expenses Rs.37,432 3 Food, attendant and conveyance charges Rs.25,000 4 Loss of amenities Rs.50,000 5 Loss of future earnings (Rs.9,500 x 12 x 18 x 20%) Rs.4,10,400 Total Rs.5,97,832 9. In the result, I proceed to pass the following: ORDER (i) Appeal is allowed in part. (ii) The impugned judgment and award of the Tribunal is modified to an extent that the - 7 - HC-KAR NC: 2026:KHC:21029 MFA No. 8984 of 2019 claimant would be entitled to a total compensation of Rs.5,97,832/- as against Rs.1,41,432/- awarded by the Tribunal. (iii) The enhanced compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2-insurance company is directed to deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of 6(six) weeks from the date of receipt of certified copy of this judgment. (v) The disbursement of the compensation and deposit shall be as per the Tribunal. (vi) Registry to transmit the records forthwith to the Tribunal. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE NS List No.: 1 Sl No.: 10