- 1 - HC-KAR NC: 2026:KHC:5587 MFA No. 4793 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4793 OF 2024 (MV-I) BETWEEN: KUM. LAHARI D/O. K. VENKATASWAMY, AGED ABOUT 19 YEARS, R/AT NO.5-4-22-A, PEDAPALLI, PUTTAPARTHI, ANANTHAPUR, ANDHRA PRADESH - 515231. …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: THE MANAGING DIRECTOR MOTOR CLAIMS HUB, K. S. R. T. C., SHANTHINAGAR, BENGALURU - 560 027. …RESPONDENT (BY SRI. F.S.DABALI, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2022 PASSED IN M.V.C. NO.6060/2021 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT, BENGALURU (SCCH-21), 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: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5587 MFA No. 4793 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments from both the sides. 2. This appeal is filed against the award of the Tribunal in M.V.C.No.6060/2021 dated 08.08.2022. Minor- petitioner aged 16 years met with an accident on 21.11.2021 and his father as a natural guardian filed the claim petition claiming compensation of Rs.20,00,000/-. Tribunal after considering the entire evidence on record has granted an amount of Rs.6,57,000/- with interest at the rate of 6% per annum from date of petition till its realization. 3. Aggrieved by the said award, she preferred an appeal and mainly contented that she was hospitalized for a period of 16 days and she sustained compound comminuted fracture shaft of left tibia and fibula and left lateral malleolus fracture. She also examined PW.2-doctor and he assessed that the disability of 53% to the limb and 17% to the whole body. But the Tribunal has granted only - 3 - HC-KAR NC: 2026:KHC:5587 MFA No. 4793 of 2024 Rs.3,00,000/- towards 'loss of future income' and interest is to be granted at the rate of 12%. No amounts are granted under the other heads. 4. Learned counsel for the respondent submits that the Tribunal has rightly considered the disability and granted compensation under Master Mallikarjun's case and it includes all the heads like 'pain and suffering', 'mental and physical shock', 'hardship, inconvenience, discomfort', 'loss of amenities' and thus granting of Rs.35,000/- again under the head of 'pain and suffering' is not proper. But the counsel for the appellant stated that she was a student and the counsel for the respondent further stated that she was a student studying second year intermediate, but even after the accident she continued her education. As such, no amount can be granted under the head of 'loss of future earning capacity'. Medical evidence shows that she sustained left lower tibia open fracture and other injuries as per Ex.P7-wound certificate. As per the evidence of doctor, she sustained 53% - 4 - HC-KAR NC: 2026:KHC:5587 MFA No. 4793 of 2024 disability to the left lower limb and 17% to the whole body. It is stated that she is not a treated Doctor. She continued her education and on that ground, it cannot be said that she is not entitled for any amount under the head of 'loss of future earning capacity'. Her income is to be taken as per the decision in THANGAVEL AND OTHERS Vs. THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LIMITED1, 5. Considering the age of the victim girl and also the nature of injuries sustained by her, this Court finds it reasonable to take her minimum wages as Rs.15,000/-. As the father is aged 43 years, this Court finds it reasonable to take the age of the mother as 35 years and the multiplier as '16'. Therefore, the 'loss of future earning capacity' comes to Rs.4,89,600/- (Rs.15,000x12x16 x17%). She was hospitalized for a period of 16 days. The Tribunal has granted Rs.2,92,000/- under the head of 'medical expenses' and that amount is confirmed. 1 Civil Appeal No.3595/2024 decided on 08.08.2025 - 5 - HC-KAR NC: 2026:KHC:5587 MFA No. 4793 of 2024 Considering the nature of injuries and period of hospitalization, this Court finds it reasonable to grant an amount of Rs.50,000/- under the head of 'pain and suffering', Rs.25,000/- under the head of 'loss of amenities' and Rs.30,000/- under the head of 'transportation, extra nourishment and attending charges'. She might not have attended the college at least for a period of 3 months due to the injuries sustained in accident. Therefore, for 3 months Rs.45,000/- under the head of 'loss of income during laid up period' is granted. PW.2-doctor stated that she requires another surgery for removal of implants and estimated the cost of surgery as Rs.60,000/-. This Court finds it reasonable to grant an amount of Rs.30,000/- for 'future medical expenses'. The total compensation comes to Rs.9,61,600/-. Therefore, the appellant- claimant is entitled for enhanced compensation of Rs.3,04,600/- (Rs.9,61,600 - 6,57,000). - 6 - HC-KAR NC: 2026:KHC:5587 MFA No. 4793 of 2024 6. The respondent - KSRTC has already deposited the awarded amount before the M.A.C.T. Therefore, the respondent-KSRTC is directed to deposit the enhanced compensation of Rs.3,04,600/- with interest at rate of 6% p.a. within a period of one month from the date of this order. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on it. 7. The appellant-claimant is not entitled for the interest as per the order on I.A.No.1/2024 dated 30.01.2026. As such, the respondent-KSRTC is not liable to pay the interest for a period of 619 days. Accordingly, the appeal is allowed-in-part. Sd/- (P SREE SUDHA) JUDGE KA List No.: 1 Sl No.: 24