- 1 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5132 OF 2024 (MV-I) BETWEEN: MASTER VINAY S/O PARAMESH AGED ABOUT 7 YEARS, MINOR REPRESENTED BY HIS GRANDFATHER SRI. SHIVANNA R/AT KAMEGOWDANAHALLI, BASAVANAGUDI ROAD, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571 105. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SRI. K.S. SANTHOSH S/O SHIVANNA K.A. AGED 37 YEARS R/AT KAMEGOWDANAHALLI, BASAVANAGUDI ROAD, HANAGODU HOBLI, HUNSUR TQ, MYSURU DISTRICT - 571 105. 2. THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., 230, 5TH CROSS, 12TH MAIN ROAD, SARASWATHIPURAM Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 MYSURU - 570 009. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R2; VIDE ORDER DATED 07.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2023 PASSED IN MVC NO.847/2022 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the common judgment and award dated 02.09.2023 passed in MVC Nos.847/2022 and 851/2022. However, MFA No.5132/2024 is filed against the award passed in MVC No.847/2022 by the Principal Judge, Court - 3 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 of Small Causes and Motor Accident Claims Tribunal, Mysuru, seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured is a minor aged 5 years and is represented by his grandfather as his natural guardian. He has filed the petition before the Tribunal for compensation of Rs.30,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.4,33,000/- with interest at the rate of 6% p.a., from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the petitioner/injured is a minor and a student, due to injuries sustained in the accident, has become dependent on his guardian. It was further contended that the - 4 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 compensation awarded by the Tribunal is inadequate. Therefore, requested for enhancement of the compensation. 5. The Tribunal, relying upon the ratio laid down by the Hon’ble Apex Court in Master Mallikarjun vs. Divisional Manager, National Insurance Company Limited and Another in Civil Appeal No.7139/2013 dated 26.08.2013, awarded a sum of Rs.1,00,000/- towards physical disability. The petitioner/injured sustained bilateral fracture of femur and underwent OR+ IF surgery. He was discharged on 31.05.2022 and underwent physiotherapy. PW.3 assessed the disability at 30% to b/1 lower limb as per 2018 Guidelines. However, the doctor has not assessed whole body disability. Taking 1/3rd of the disability to b/1 lower limb, the functional disability to the whole body comes to 10%. Therefore, applying the ratio of Master Mallikarjun (supra) case the Tribunal has rightly awarded Rs.1,00,000/- towards - 5 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 physical disability and the same does not call for interference. 6. The petitioner was hospitalized for a period of five days. Considering his age, period of hospitalization and the nature of injuries sustained, this Court finds it reasonable to grant a sum of Rs.50,000/- towards pain and suffering and Rs.30,000/- towards loss of amenities. The petitioner incurred Rs.2,48,182/- towards medical expenses. Since the Tribunal has already granted the said amount, the same is confirmed. The petitioner is also entitled to a sum of Rs.40,000/- towards transportation, extra nourishment, and attendant charges. As the petitioner sustained grievous injuries, his grandfather might not have attended to his work for a period of three months. As the occupation and income of the grandfather are not stated, considering that the accident occurred in the year 2022, the notional income of the grandfather is taken at Rs.15,500/- per month and accordingly, a sum of Rs.46,500/- (Rs.15,500 × 3) is awarded towards loss of - 6 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 income of grandfather during the laid-up period. PW.3 has stated that the petitioner requires one more surgery for removal of implants, estimating the cost at Rs.60,000/-. Hence, this Court finds it reasonable to award Rs.60,000/- towards future medical expenses. 7. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 2,48,182/- 3 Towards loss of amenities 30,000/- 4 Towards transportation, extra nourishment and attendant charges 40,000/- 5 Towards loss of income during laid up period 46,500/- 6 Towards future medical expenses 60,000/- 7. Towards physical disability 1,00,000/- Total 5,74,682/- - 7 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.5,74,682/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 02.09.2023 passed in MVC No.847/2022 on the file of the Principal Judge, Court of Small Causes and Motor Accident Claims Tribunal, Mysuru, is modified. iii. The claimant is entitled to a sum of Rs.5,74,682/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,33,000/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount - 8 - HC-KAR NC: 2026:KHC:3585 MFA No. 5132 of 2024 before the tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,41,682/- along with the interest at the rate of 6% within one month from the date of this order. v. As the petitioner is a minor and his grandfather has incurred substantial medical expenses on him, the grandfather is permitted to withdraw the entire amount along with the interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 83