- 1 - HC-KAR CNR: KAHC010783812025 NC: 2026:KHC:49302 MFA No. 8976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8976 OF 2025 (MV-I) BETWEEN: KUMARI RENUKA D/O. LATE. AYYAPPA AGED ABOUT 15 YEARS SINCE MINOR REP. BY HER MOTHER NATURAL GUARDIAN SMT. PREMA W/O. LATE. AYYAPPA R/O. AJJAPPANAHALLI VILLAGE KEMBODI POST KOLAR TALUK. …APPELLANT (BY SRI RAJAT G SIDDAPURMATH, ADVOCATE FOR SRI H PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. HARISH P G S/O. GANGAPPA R/O. PICHAGONDALAHALLI VILLAGE HUNKUNDA POST BANGARPET TALUK KOLAR DISTRICT. 2. LIBERTY GENERAL INSURANCE CO. LTD., 21/15, THE LANDMARK, 4TH FLOOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010783812025 NC: 2026:KHC:49302 MFA No. 8976 of 2025 NEAR TRINITY METRO M.G.ROAD, BANGALORE- 560 001. REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 25.3.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:08.10.2025 PASSED IN MVC No.49/2024 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, KOLAR, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 08.10.2025 passed in MVC No. 49/2024 by the I Additional District and Sessions Judge and MACT, Kolar. 2. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained - 3 - HC-KAR CNR: KAHC010783812025 NC: 2026:KHC:49302 MFA No. 8976 of 2025 by her in a road traffic accident that occurred on 12.12.2023 due to the rash and negligent driving by the rider of two wheeler bearing registration No. KA-08-Y- 1058. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Towards pain and agony Rs.1,50,000.00 2 Towards medical expenses & future medical expenses Rs.40,000.00 3 Towards incidental charges Rs.50,000.00 4 Towards loss of amenities Rs.25,000.00 Total Rs.2,65,000.00 3. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal. - 4 - HC-KAR CNR: KAHC010783812025 NC: 2026:KHC:49302 MFA No. 8976 of 2025 4. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer. 5. The accident occurred on 12.12.2023 and as on the date of the accident claimant was aged 14 years. Claimant had sustained fracture of open type displaced shaft of humerus at middle third region and displaced distal phalynx fracture of left great toe. Considering the said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.1,50,000/- and loss of amenities in a sum of Rs.25,000/- is just and proper. The Tribunal has rightly awarded medical expenses of Rs.40,000/- based on documents and incidental charges of Rs.50,000/- since the claimant was admitted in the hospital for 19 days. 6. Discharge summary indicate that implant had been fixed. Considering the said aspect, claimant has to undergo surgery for removal of implant and therefore, she is entitled to future medical expenses of Rs.30,000/-. - 5 - HC-KAR CNR: KAHC010783812025 NC: 2026:KHC:49302 MFA No. 8976 of 2025 7. Claimant is a girl aged 14 years and the injuries sustained affects her marriage prospects. Therefore, claimant is entitled to a sum of Rs.1,00,000/- towards loss of marriage prospects. 8. In view of the above, claimant is entitled to enhanced compensation of Rs.1,30,000/-. Claimant is not entitled to interest on future medical expenses of Rs.30,000/-. Respondent No. 2 is liable to pay the said enhanced compensation with interest. 9. In view of the above, the following; O R D E R a. Appeal is allowed in part. b. Appellant - claimant is entitled to enhanced compensation of Rs.1,30,000/-. c. Appellant – claimant is entitled to interest on Rs.1,00,000/- at the rate of 6% p.a. from the date of petition till the date of realization. - 6 - HC-KAR CNR: KAHC010783812025 NC: 2026:KHC:49302 MFA No. 8976 of 2025 d. Appellant – claimant is not entitled to interest on compensation awarded towards future medical expenses of Rs.30,000/-. e. Respondent No. 2 – Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. f. The Tribunal is directed to keep the entire enhanced compensation amount in fixed deposit in nationalized/scheduled Bank in the name of appellant - claimant till she attains the age of majority. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 40 Ct.sm