- 1 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 1804 OF 2025 (MV-I) BETWEEN: MASTER SYED YASHIN S/O.IMRAN, AGED ABOUT 12 YEARS, R/AT. NO.137, 2ND CROOS, ADITYA NAGAR, CHIKKABETTA HALLI, BENGALURU-560 097 APPELLANT IS SINCE MINOR REP BY HIS MOTHER, SHABHAN W/O. IMRAN, AGED ABOUT 36 YEARS R/AT ABOVE ADDRESS. …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. PRAMILA BAI W/O.MURALI K, AGED MAJOR, R/AT.NO.16, 2ND CROSS, 11TH MAIN, K.G.HALLI, ABBIGERE MAIN ROAD, BENGALURU-560 015 2. RELIANCE GENERAL INSURANCE CO.LTD., REP BY ITS MANAGER, CENTENARY BUILDING, NO.28, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 5TH FLOOR, M.G.ROAD, BANGALORE-560 025 …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.07.2024 PASSED IN MVC NO.1973/2023 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-4, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant-claimant against the judgment and the award of the tribunal passed in MVC No.1973/2023 dated 05.07.2024 by the XVIII Additional Judge, Court of Small Causes, Bengaluru. 3. Master Syed Yashin, aged 10 years met with an accident on 25.11.2022 and his mother, as a natural - 3 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 guardian, filed a claim petition claiming compensation of Rs.20,00,000/-. The tribunal, after considering the entire evidence on record, granted an amount of Rs.2,35,000/- with interest at the rate of 6% per annum from the date of the petition till the realization. 4. Aggrieved by the said order, appellant/claimant preferred an appeal and mainly contended that the tribunal granted a meager amount under the conventional heads. No amount is granted under the head loss of income during laid-up period for the parents, and interest is to be granted at the rate of 9%. 5. The appellant/petitioner has not examined the doctor. As per Ex.P5 wound certificate, he sustained right tibia fracture and he underwent CRIF with Tens Nailing Done under sab on 29.11.2022. Admittedly, he sustained a grievous fracture, which is a grievous injury in nature, and as per the schedule, the disability can be taken as 10% and as per the case reported in 2013 STPL (Web) - 4 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 683 SC SCI in the case of Master Mallikarjun V/s Divisional Manager, the National Insurance Company Limited and another. 6. This Court finds it reasonable to grant an amount of Rs.1,00,000/- towards loss of future earning capacity. He was hospitalized for 7 days. He incurred Rs.1,35,000/- towards medical expenses, and the tribunal granted the said amount considering his age, nature of injuries and other relevant factors and it needs no interference. 7. This Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.50,000/- for transportation, nourishment and other conventional heads. Petitioner's mother might have taken care of him at least for a period of 3 months without attending her work and as he met with an accident in 2022, this Court finds it reasonable to take her notional income as Rs.15,500/- and to grant an - 5 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 amount of Rs.15,500/- X 3 months = Rs.46,500/- towards loss of income of parents during the laid up period. 8. The total compensation comes to Rs.1,00,000/- +Rs.1,35,000/- + Rs.60,000/- + Rs.30,000/- + Rs.50,000/- + Rs.46,500/- = Rs.4,21,500/-. 9. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 1,00,000.00 2. Medical expenses 1,35,000.00 3. Towards pain and sufferings 60,000.00 4. Loss of amenities 30,000.00 5. Transportation, nourishment and for other conventional heads 50,000.00 6. Towards loss of income of parents during laid up period. 46,500.00 TOTAL 4,21,500/- - 6 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 10. The Tribunal has awarded the compensation of Rs.2,35,000/- but the appellant/claimant is entitled to total compensation of Rs.4,21,500/-. Compensation is enhanced from Rs.2,35,000/- to Rs.4,21,500/-. 11. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.1973/2023 dated 05.07.2024 by the XVIII Additional Judge and ACJM, Court of Small Causes, Bengaluru is hereby modified holding that the claimant is entitled for enhanced total compensation of Rs.4,21,500/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.2,35,000/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.1,86,500/- with interest at the rate of 6% p.a. within 1 month from the date of this order. On such deposit, mother of the minor petitioner/natural guardian is permitted to withdraw the entire amount along with interest on the said amount. - 7 - HC-KAR NC: 2026:KHC:4911 MFA No. 1804 of 2025 iv. Appellant is not entitled for interest for 138 days as per the order in IA.1/2025 dated 29.01.2026. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 11