- 1 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO. 7211 OF 2023 (MV-I) BETWEEN: MASTER. PRANAV KUMAR P S AGED ABOUT 12 YEARS. S/O SRI SIDDAPPA P N R/AT NO.A104, GAGANYALE APARTMENT, BEML LAYOUT, 5TH STAGE, R R NAGAR, BANGALORE-560098 SINCE MINOR REP. BY HIS FATHER AND NATURAL GUARDIAN SRI SIDDAPPA P. N. &APPELLANT (BY SRI. ANGADI SOMASHEKAR CHANNABASAPPA, ADV.) AND: 1. SRI S G SIDDABASAPPA AGED ABOUT 12 YEARS, S/O SRI SIDDAPPA P N R/AT NO.A104, GAGANYALE APARTMENT, BEML LAYOUT, 5TH STAGE, R R NAGAR, BANGALORE-560098. 2. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED OFFICE NO.217/A, 3RD FLOOR 3RD MAIN, OUTER RING ROAD KVV SAMARAT, KASTURI NAGAR BANGALORE-560013. &RESPONDENTS (BY SRI.B PRADEEP, ADV. FOR R2 V/O DATED 05.02.2024 NOTICE TO R1 D/W) THIS APPEAL IF FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.06.2023 PASSED IN MVC NO. 5611/2022 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER-MACT, BENGALURU (SCCH-5), PARTLY Page No.1 is corrected and replaced Vide chamber order dated 02.04.2026. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THERE IN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Angadi Somashekar Channabasappa for appellant and learned counsel Sri.B.Pradeep for respondent No.2 3 insurance company. 2. The claimant-injured, aged about 12 years filed a claim petition under Section 166 of Motor Vehicles Act, 1989 claiming compensation for the accidental injury suffered in an accident that occurred on 20.02.2022 involving Bicycle and Swift car bearing registration No.KA- 53-MB-104. It is stated that the claimant was studying in VI Standard at Lucky Champ School. It is stated that the parents of the claimant incurred more than Rs.2,00,000/- towards treatment, conveyance, attendant charges and nourishment. - 3 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 3. Before the Tribunal, on service of notice, respondent-insurance company filed its statement of objection, whereas respondent No.1-owner of the vehicle was placed ex-parte. The insurance company in its objection statement admitted the insurance policy. However, contented that the driver of the car was not having valid and effective driving licence and vehicle was not having valid fitness certificate. Before the Tribunal, the father of the claimant was examined as PW1 and Doctor was examined as PW2, apart from marking Ex.P1 to P18. 4. The Tribunal based on the material on record awarded compensation of Rs.2,56,822/- on the following heads: Sl.No. Head of Compensation Amount in Rs. 1. Pain and sufferings, mental and physical shock, hardship, inconvenience and discomforts, etc., and loss of amenities in life on account of permanent disability 1,00,000/- 2. Conveyance, nourishment and attendant charges 15,000/- 3. Medical Expenses 90,822/- 4. Loss of earnings of parents of Petitioner 31,000/- 5. Future medical expenses 20,000/- TOTAL 2,56,822/- - 4 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 5. The claimant not being satisfied with the quantum of compensation awarded is before the Court in this appeal. 6. While awarding the above compensation, the Tribunal assessed the whole body disability at 10% and in terms of MASTER. MALLIKARJUN Vs. DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED AND ANOTHER1 awarded total compensation of Rs.1,00,000/- for pain and sufferings, mental and physical shock, and loss of amenities on account of permanent disability. 7. Learned counsel Sri.Angadi Somashekar Channabasappa for appellant would submit that the injured is aged about 12 years and was studying in 6th standard. It is submitted that the Doctor examined on behalf of claimant has opined that the claimant has suffered 41% disability to upper limb and he has assessed 1 AIR 2014 SC 736 - 5 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 the whole body disability at 14%. Learned counsel would submit that the Tribunal failed to assess the whole body disability properly, taking note of the evidence and material on record. Learned counsel would submit that, the Tribunal ought to have assessed the whole body disability at 1/3 of disability to a particular limb. If the disability is assessed taking note of 41% of disability to a particular limb, the whole body disability would be 13%. Thus, he submits that in terms of MASTER. MALLIKARJUN (supra), the claimant would be entitled for Rs.3,00,000/- on the head of pain and suffering and disability. Learned counsel would also submit that the compensation awarded on other heads are also on the lower side when compared to the treatment taken by the claimant/appellant. Thus, he would pray for enhancement of compensation. 8. Per contra, learned counsel Sri.B.Pradeep for respondent/insurance company would submit that the compensation awarded by the Tribunal is just and fair - 6 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 which needs no interference. Further, learned counsel would assert that the PW2 doctor examined on behalf of claimant is not a treated doctor. As such, the Tribunal is justified in assessing the whole body disability at 10% and awarding compensation in terms of MASTER. MALLIKARJUN (supra). Thus, he would pray for the dismissal of the appeal. 9. Having heard the learned counsel appearing for the parties and on perusal of the entire appeal papers including the Trial Court records, the only point that falls for our consideration is as to, Whether the claimant would be entitled for enhanced compensation in the facts and circumstances of the case?. 10. The answer to the above point would be in the affirmative for the following reasons: The accident that took place on 17.08.2022 involving Bicycle and swift car and the resultant injuries sustained by the claimant is not in dispute in this appeal. The - 7 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 claimant is before this Court claiming enhancement of compensation not being satisfied with the quantum of compensation awarded by the Tribunal. 11. Learned counsel for the appellant contended that the whole body disability assessed by the Tribunal is erroneous and he has submitted that the Tribunal ought to have assessed the whole body disability on the higher side. It is noticed that the Doctor-PW2 in his deposition has stated that the claimant-minor, aged about 12 years has sustained fracture of the Left Elbow Olecranon and has deposed that the disability to the left arm would be 41% and whole body disability would be 14%. 12. In terms of the decision of the Hon'ble Apex Court in the case of RAJ KUMAR VS. AJAY KUMAR AND ANOTHER2, normally the disability would be assessed at 1/3rd of the disability to a particular limb. In the instant case also, the Doctor though is not a treated Doctor, 2 (2011) 1 SCC 343 - 8 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 based on the medical records has deposed that the claimant has suffered 41% disability to a particular limb i.e., left arm and 1/3rd of the said disability would be around 14% as deposed by the Doctor. The Tribunal committed an error in assessing the whole body disability of the claimant/minor based on the evidence of PW2 and medical record. Therefore, we re-assess the whole body disability of the claimant/minor at 14%. 13. The Hon'ble Apex Court in the case of HITESH NAGJIBHAI PATEL VS. BABABHAI NAGJIBHAI RABARI AND ANOTHER3 has held that in a case involving a child having suffered an injury or passed away, the calculation of loss of income necessarily has to be made on the basis of minimum wages payable to a skilled worker in the respective State at the relevant point of time. The Karnataka High Court normally would adopt the notional income as per the chart prepared by the Karnataka State Legal Services Authority, taking note of 3 2025 INSC 1070 - 9 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 the minimum wages payable. The notional income fixed for the year 2022 is Rs.15,500/-. Thus, the claimant is entitled to modified compensation under the head loss of income as under: Rs.15,500 X 12 X 18 X 14% = Rs.4,68,720/-. 14. The compensation awarded on the head of conveyance, nourishment and attendant charges is on the lower side and the same is enhanced from Rs.15,000/- to Rs.25,000/-. The medical expenses which are awarded on the basis of medical bills is not disturbed. 15. Thus, the claimant would be entitled for modified compensation as follows: Sl.No. Head of Compensation Amount in Rs. 1. Pain and sufferings, mental and physical shock, hardship, inconvenience and discomforts, etc., and loss of amenities in life on account of permanent disability 4,68,720/- 2. Conveyance, nourishment and attendant charges 25,000/- 3. Medical Expenses 90,822/- 4. Loss of earnings of parents of Petitioner 31,000/- 5. Future medical expenses 20,000/- TOTAL 6,35,542/- - 10 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 16. Thus, the claimants would be entitled to a total compensation of Rs.6,35,542/- as against Rs.2,56,822/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till date of realization. 17. In the result, we proceed to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to total compensation of Rs.6,35,542/- as against Rs.2,56,822/- awarded by the Tribunal. c) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) The respondent-Insurance Company shall deposit the entire compensation amount with accrued interest before the Tribunal within four weeks from the date of receipt of certified copy of this judgment. - 11 - HC-KAR NC: 2026:KHC:15818-DB MFA No. 7211 of 2023 e) Apportionment, deposit & disbursement shall be made as per the award of the Tribunal. f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. g) Draw modified award accordingly. Learned counsel Sri.B.Pradeep is permitted to file Vakalat within two weeks. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 2