- 1 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7070 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7069 OF 2016 (MV-D) IN MFA No. 7070/2016 BETWEEN: KUM. AYESHA AGED 12 YEARS, D/O KHASIM, SINCE MINOR, REPARESENTED BY HER FATHER NATURAL GUARDIAN KHASIM R/O JANATHA COLONY, SOMWARPET TALUK, KODAGU DISTRICT. …APPELLANT (BY SRI. B.S. BASAVARAJU.,ADVOCATE) AND: 1. K.N. VIJAYA KUMAR S/O NANAIAH MAJOR R/O SIDDALINGAPURA VILALGE, SOMWARPET TALUK, KODAGU DISTRICT - 571 201. 2. B.T. POONACH S/O THIMMAIAH, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 R/O 14TH BLOCK, NEW EXTENSION, MADIKERI TOWN KODAGU DISTRICT - 571 201. 3. NEW INDIA ASSURANCE CO., LTD., MADIKERI BRANCH COFFEE KRUPA BUILDING M.G. ROAD, MADIKERI - 571 201. …RESPONDENTS (BY SRI. S.V. SUDHAKAR REDDY, ADVOCATE FOR R3; VIDE ORDER DATED 19.12.2023, APPEAL IS DISMISSED AGAINST R1 AND R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2015 PASSED IN MVC NO.67/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7069/2016 BETWEEN: 1. KHASIM S/O LATE ABDULLA, AGED 44 YEARS, 2. SMT. THAHIRA W/O KHASIM, AGED ABOUT 38 YEARS, BOTH RESIDING AT JANATHA COLON, SOMWARPET TALUK - 571 236, KODAGU DISTRICT. ...APPELLANTS (BY SRI. B.S. BASAVARAJU, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 AND: 1. K. N. VIJAYA KUMAR S/O NANAIAH, MAJOR, R/O SDDALINGAPURA VILLAGE SOMWARPET TALUK, KODAGU DISTRICT - 571 236. 2. B.T. POONACH S/O THAMMAIAH, R/O 14TH BLOCK, NEW EXTENSION, MADIKERI TOWN, KODAGU DISTRICT - 571 201. 3. NEW INDIA ASSURANCE CO LTD., MADIKERI BRANCH COFFEE KRUPA BUILDING, M.G.ROAD, MADIKERI - 571 201. ...RESPONDENTS (BY SRI. S.V. SUDHAKAR REDDY, ADVOCATE FOR R3; VIDE ORDER DATED 05.02.2026, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2015 PASSED IN MVC NO.66/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 ORAL JUDGMENT IN MFA NO.7070/2016 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 11.11.2015 passed in MVC Nos.66/2014, 67/2014 and 68/2014. However, MFA No.7070/2016 is filed by the petitioner/injured claimant aged 12 years, represented by her father against the award passed in MVC No.67/2014 on the file of the Senior Civil Judge & MACT, Madikeri, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.3/insrance company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 25.09.2013 and her father filed claim petition as a natural guardian claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted - 5 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 global compensation of Rs.75,000/- with interest at the rate of 9% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that while the claimant and others were walking towards their home after attending classes, the driver of the bus bearing registration No.KA-19-B- 7799 drove the vehicle in a rash and negligent manner, lost control over the bus and dashed against them. As a result, one Mohammed Kaleed succumbed to the injuries and the claimant sustained grievous injuries and was hospitalized for a period of 15 days. The doctor advised her to take rest for a period of three months. It has been held that Mohammed Kaleed died due to the negligence of respondent No.1. Ex.P.6 is the wound certificate, which discloses that the claimant sustained grievous injuries. The doctor assessed the disability of the left lower limb at 26%. But the Tribunal has granted only a global compensation of Rs.75,000/- without granting amounts - 6 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 under the other heads and interest is to be granted at the rate of 12%. Therefore, requested for enhancement of the compensation. 5. As per Ex.P.6–wound certificate, the petitioner/injured sustained undisplaced fracture of the tibia of the lower 1/3rd of the left leg. The petitioner examined the doctor, who assessed the disability of the left lower limb at 26% and 1/3rd of the same comes to 9% to the whole body. The petitioner is a minor. As the accident occurred in the year 2013, her notional income is to be taken at Rs.8,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner’s father was aged 44 years and the mother was aged 38 years. Considering the age of the mother, the applicable multiplier is ‘15’. Accordingly, the loss of future earning capacity comes to Rs.1,29,600/- (Rs.8,000 × 12 × 15 × 9%). The petitioner was hospitalized for a period of 15 days. Considering the nature of injuries sustained, the period of hospitalization, her age and other relevant - 7 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 factors, this Court finds it reasonable to grant a sum of Rs.15,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities and Rs.15,000/- towards transportation, extra nourishment and attendant charges. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,74,600 /- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 15,000/- 2. Towards loss of amenities 15,000/- 3. Towards transportation, extra nourishment and attendant charges 15,000/- 4. Towards loss of future earning capacity 1,29,600/- Total 1,74,600/- - 8 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 11.11.2015 passed in MVC No.67/2014 on the file of the Senior Civil Judge & MACT, Madikeri, is modified. iii. The claimant is entitled to a sum of Rs.1,74,600 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.75,000/- granted by the Tribunal. iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.99,600/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 v. On such deposit, father of the minor petitioner is permitted to withdraw the entire amount along with interest accrued on the same, as he already incurred her medical expenses. IN MFA NO.7069/2016 This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 11.11.2015 passed in MVC Nos.66/2014, 67/2014 and 68/2014. However, MFA No.7069/2016 is filed against the award passed in MVC No.66/2014 on the file of the Senior Civil Judge & MACT, Madikeri, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.3/insrance company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 10 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 3. The brief facts of the case are that, one Mohammed Kaleed met with an accident on 25.09.2013. His parents filed this claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,50,000/- with interest at the rate of 9% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the Tribunal has awarded meagre amounts under the other heads. Ex.P.5 is the inquest mahazar and Ex.P.6 is the post-mortem report, which clearly shows that the son of the appellants succumbed to the injuries sustained in the accident. Therefore, requested for enhancement of the compensation as well as rate of interest. 5. The deceased-Muhammed Khaleed, was aged 14 years at the time of the accident. As the accident occurred in the year 2013, this Court finds it reasonable to take the notional income at Rs.8,000/- per month, as per - 11 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 the chart prepared by the Karnataka State Legal Services Authority. An addition 40% is to be added towards future prospects. As the deceased was a minor, 50% of the income is to be deducted towards personal expenses. The age of the mother of the deceased is 38 years, this Court finds it reasonable to apply the multiplier of ‘15’. Accordingly, the loss of dependency comes to Rs.10,08,000/- (8,000+40%x12x15-50%). The parents of the deceased are entitled to Rs.40,000/- each towards filial consortium. They are also entitled to Rs.30,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards loss of dependency 10,08,000/- 2 Towards filial consortium 80,000/- 3 Towards conventional heads 30,000/- Total 11,18,000/- - 12 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.11,18,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 11.11.2015 passed in MVC No.66/2014 on the file of the Senior Civil Judge & MACT, Madikeri, is modified. iii. The claimants are entitled to a sum of Rs.11,18,000 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,50,000/- granted by the Tribunal. iv Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent - 13 - HC-KAR NC: 2026:KHC:7239 MFA No. 7070 of 2016 C/W MFA No. 7069 of 2016 No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.7,68,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, both the parents are permitted to withdraw the entire amount equally, along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 85