- 1 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5594 OF 2013(MV-I) BETWEEN: MASTER NAGARAJ KHARVI AGED ABOUT 17 YEARS, S/O DEVAPPA KHARVI, KANNAMMANA MANE, JALIKODI, BHATKAL- 574 201. SINCE APPELLANT IS MINOR, IS REPRESENTED BY FATHER/GUARDIAN, DEVAPPA KHARVI, AGED ABOUT 45 YEARS. …APPELLANT (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) AND: 1. SALEEM MAJOR, S/O.M.A.KHADAR, R/O.AHAMMED MANZIL, MARAVANTHE VILLAGE, KUNDAPURA TALUK- 575 422. 2. NATIONAL INSURANCE COMPANY LTD DIVISIONAL OFFICE: SHANKAR BUILDING, MASJID ROAD, UDUPI - 574 201. REPRESENTED BY ITS DIVISIONAL MANAGER. …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 (BY SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R2; V/O DATED 13/6/2016, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2013 PASSED IN MVC NO.349/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 22.01.2013 passed in MVC No.349/2011, by the Court of Fast Track Judge and Motor Accident Claims Tribunal, Kundapura (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 2. The injured claimant, aged 15 years, met with an accident on 12.12.2010. He is represented by his father as his natural guardian and filed a claim petition claiming compensation of Rs.5,55,000/-. The Tribunal, after considering the entire evidence on record, granted compensation of Rs.1,05,000/- with interest at the rate of 6% per annum from date petition till realisation. 3. Aggrieved by the said order, the appellant preferred this appeal, in which it is mainly contented that the appellant sustained grievous injuries and was hospitalised from 12.12.2010 to 20.12.2010. It is further contended that the Tribunal awarded meager amounts under the various heads. The doctor examined the appellant and assessed the permanent physical disability at 14% to the right upper limb and 7% to the whole-body. However, no amount was granted under the heads of 'loss of future earning capacity' and 'loss of amenities'. Therefore, the appellant seeks enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 4. Heard the arguments of both sides. 5. Though it is stated that appellant was working as a coolie and earning more than Rs.3,000/- per month, no documentary proof of income has been filed. As the accident occurred in the year 2010, this Court finds it reasonable to take the notional income at Rs.5,500/- per month, based on the chart prepared by the Karnataka State Legal Services Authority. The appellant was aged 15 years at the time of accident and the applicable multiplier is '18'. 6. As per Ex.P.5-Wound Certificate, the appellant sustained the following injuries: Swelling and tenderness of the right shoulder, X-ray showed fracture of the upper end of the right humerus, swelling and tenderness of the right hand involving the 1st and 4th metacarpals contusion on the left tibia, abrasion on the forehead - 5 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 measuring 2 x 1 cm and X-ray showed fracture of the 1st & 4th metacarpals. 7. The doctor opined that the said injuries Nos.1 and 2 are grievous in nature, whereas injuries Nos.3 and 4 are simple, Ex.P.9 is the Discharge Bill. The appellant was hospitalised for a period of nine days. PW.2-doctor assessed the permanent disability as 14% to the right upper limb and 7% to the whole body. 8. The Tribunal observed that doctor examined the appellant after one year and issued Ex.P-14, Disability Certificate. Admittedly, the appellant sustained grievous injuries in the accident and the doctor assessed the disability as 14% to the right upper limb. Considering that only a portion of the disability affects earning capacity, this Court finds it reasonable to take one-third of 14%, i.e., approximately 5%, as the effective disability for calculation of loss of future earning capacity. Accordingly, loss of future earning capacity is comes to Rs.5,500 × 12 × 18 × 5% = Rs.59,400/-. - 6 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 9. Considering the nature of injuries, age, occupation and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards 'pain and suffering', Rs.25,000/- towards 'loss of amenities' and Rs.30,000/- towards 'transportation, extra nourishment and attended charges'. Further, the appellant might not have attend work at least for a period of four months. Therefore, 'loss of income during the laid-up period' comes to Rs.5,500 x 4= Rs.22,000/-. 10. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Loss of future earning capacity 59,400.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 22,000.00 Total 1,86,400.00 - 7 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.1,86,400/- as against Rs.1,05,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.81,400/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 22.01.2013 passed in MVC No.349/2011, by the Court of Fast Track Judge and Motor Accident Claims Tribunal, Kundapura, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.81,400/-. (Rs.1,86,400/- minus Rs.1,05,000/-) with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR NC: 2026:KHC:7004 MFA No. 5594 of 2013 iv. Respondent/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.81,400/- with interest rate of 6% within one month from the date of this order. v. As the petitioner/appellant is a minor, his natural guardian is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 42