- 1 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3870 OF 2025 (MV-I) BETWEEN: BHANAVI K.R. NOW AGED ABOUT 8 YEARS MINOR, REPRESENTED BY HER NATURAL GUARDIAN FATHER RAJENDRA .K.S S/O SHIVANNA NOW AGED ABOUT 43 YEARS RESIDING AT- KEMPANAHALLI VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130 …APPELLANT (BY SRI. B CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. N.V. MEGHANA D/O VENKATESHMURTHY MAJOR, (AGE OF R-1 NOT KNOW TO APPELLANT) RESIDING AT-1ST BLOCK, NAGAVALLI VILLAGE AND POST HEBBURU HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT - 572 118 Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 2. UNITED INDIA INSURANCE COMPANY LTD., D.O., 6TH FLOOR, KRUSHI BHAVAN NRUPATHUNGA ROAD, HUDSON CIRCLE BENGALURU - 560 001. BY ITS MANAGER …RESPONDENTS (BY SRI. S KRISHNA KISHORE, ADVOCATE FOR R2 V/O DATED 15.04.2026, NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.11.2023 PASSED IN MVC NO.6693/2022 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 ORAL JUDGMENT Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. 2. Seeking enhancement of compensation the claimant is before this Court by way of appeal challenging the order dated 04.11.2023 passed by IX ASCJ & ACMM, Court of small Causes, Member-MACT, Bengaluru, in MVC No.6693/2022. The rank of the parties are referred to as per their rankings before the Tribunal for the sake of convenience. 3. The petitioner/injured who was aged about five years as on the date of accident, represented by her father filed an application claiming compensation of Rs.25,00,000/- for the injuries sustained by her. As against the claim, the Tribunal through the impugned order awarded a sum of Rs.5,20,213/- with interest at the rate of 6% p.a., from the date of petition till the date of - 4 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 realisation. Aggrieved by the same, an appeal is preferred this Court. 4. Learned counsel for the appellant contends that the petitioner/injured has sustained fracture injuries which is grievous in nature. It is further contended that the compensation awarded by the Tribunal is inadequate. Therefore, prays for enhancement of the compensation. 5. The Tribunal relying upon the decision of Hon’ble Apex Court in the case of Master Mallikarjun vs. Divisional Manager, National Insurance Company Limited and Another reported in (2014) 14 SCC 396, and also considering the disability at 20%, granted an amount of Rs.3,00,000./- towards pain and sufferings. Apart from that, Tribunal granted medical expenses, future medical expenses and also inconvenience caused to the parents during the hospitalisation. The petitioner got examined the doctor who treated her as PW2. Doctor - 5 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 assessed the physical disability in respect of left lower limb as 20% and 10% in respect of whole body. 6. The petitioner was hospitalized for a period of 10 days in a span of 5 months. Petitioner met with an accident in the year 2022 and therefore, this Court finds it reasonable to take the notional income as Rs.15,500/- as per the chart prepared by Karnataka State Legal Services Authority and the relevant multiplier is to be taken as '15'. PW2-Doctor has stated that the petitioner sustained compound type III B fracture both bones of left leg and wound debridement and external fixation later under removal of external fixator and internal fixation of tibia. She complained of pain in left leg, difficulty to do routine activities, deformity of left leg. In the cross-examination, it is stated that he has treated the petitioner and the fracture is united. As the petitioner is still young her bones was set quickly. - 6 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 7. As per wound certificate the petitioner sustained 5 injuries out of which 1, 2, 3, 4 are simple injuries and 5th injury is grievous in nature. "External injuries/Clinical findings :- 1. Abrasion on right forehead measuring 2cm x 2cm. 2. Abrasion on outer aspect of right eye measuring 6cm x 2cm. 3. Abrasion on nose measuring 2cm x 2cm. 4. Abrasion on left cheek measuring 4cm x 4cm. 5. Laceration present over front of middle third of left leg measuring 5cm x 2cm x bone deep, exposing the fractured bone fragment with swelling, tenderness and deformity of left leg. Margins of the wound are irregular. X-ray of left leg- AP/lateral view dated 22.03.2022 vide no: 255 - Fracture of mid-shaft of tibia and fibula with displacement." 8. PW2/Doctor in his evidence has stated as under: "Petitioner has sustained compound type III B fracture both bones left leg and wound debridement and external fixation later under removal of external fixator and internal fixation of tibia. She complained of pain in left leg, difficulty to squat on floor, sit crossed legged, climb upstairs, walk on slope kneel, difficulty to do routine activities, deformity of left leg and the petitioner has sustained permanent physical disability of 20% of left lower limb which is 10% of the whole body and the petitioner needs one more surgery for removal of implants. He has not treated the petitioner and now the fracture is united." "1) Compound Type III B fracture both bones left leg. Wound Debridement and external Fixation later underwent removal of external fixator and internal fixation of tibia. - 7 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 2) She complained of pain in left leg, difficulty to squat on floor, sit cross legged, climb upstairs, walk on slope,kneel, difficulty to do routine activities. Deformity of left leg. 3) Multiple scar on left leg. Difficultly to squat on floor, climb upstairs, walk on slope knee, sit cross legged.. 4) The Radiological examination shows Fractures united with implant in situ. Disability of 20% of left lower limb which is 10% of whole body. She needs one more surgery for removal of implants." 9. As per the medical evidence, this Court finds it reasonable to take the disability at 10% to the wholebody. So the loss of future earning comes to Rs.15,500/- x 12 x 15 x 10% = Rs.2,79,000/-. 10. The Tribunal has granted a sum of Rs.1,70,213/- towards medical expenses and the said amount is just and proper and needs no interfernce. 11. This Court finds it reasonable to grant a sum of Rs.50,000/- towards pain and sufferings, Rs.25,000/- towards loss of amenities, Rs.30,000/- towards transportation, extra nourishment and attendant charges. - 8 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 12. Parents might have taken care of her atleast for a period of 2 months. Hence, they are entitled for Rs.31,000/- for loss of income during laid up period. 13. The Tribunal has also granted a sum of Rs.25,000/- towards future medical expenses , which is just and proper and needs no interference. 14. Thus in all, compensation awarded by this Court is as follows: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards loss of future earning capacity 2,79,000/- 3 Towards medical expenses 1,70,213/- 4 Towards loss of amenities 25,000/- 5 Towards transportation, extra nourishment and attendant charges 30,000/- 6 Towards loss of income during laid up period 31,000/- 7. Towards future medical expenses 25,000/- Total 6,10,213/- - 9 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 15. Hence, the petitioner is entitled for a total compensation of Rs.6,10,213/- along with interest at the rate of 6% p.a. 16. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 22.02.2024 passed in MVC No.6693/2022 on the file of the IX ASCJ & ACMM, Court of small Causes, Member-MACT, Bengaluru, is modified. iii. The petitioner is entitled to a sum of Rs.6,10,213/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,20,213/- granted by the Tribunal. iv Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of - 10 - HC-KAR NC: 2026:KHC:20404 MFA No. 3870 of 2025 Rs.90,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner's father is permitted to withdraw the entire amount along with interest accrued on the same. vi. Petitioner is not entitled for interest for the delay period of 457 days as per orders in IA No.1/2025 dated 15.04.2026. Sd/- (P SREE SUDHA) JUDGE DS CT:VS List No.: 1 Sl No.: 16