- 1 - HC-KAR NC: 2026:KHC:7692 MFA No. 1741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1741 OF 2025 (MV-I) BETWEEN: SHEK MOHAMOD GOUSE S/O SHEK THOSIB @ SHEIK TOPI, NOW AGED ABOUT 10 YEARS, R/AT. 3-6, MARAPPAGARI PALLI, BALASAMUDRAM, TANAKAL, ANANTAPUR, ANDHARA PRADESH - 515 571. THE APPELLANT IS SINCE MINOR REPRESENTED BY HIS FATHER SRI. SHAIK TOPI AS NATURAL GUARDIAN. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. RELIANCE GENERAL ASSURANCE CO. LTD., REP. BY ITS MANAGER NO.28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BANGALORE - 560 001. 2. MR. KUMAR M, S/O MUNEGOWDA, AGED MAJOR, ILATHORE, HEGGANAHALLI, DEVANAHALLI, BANGALORE - 562 110. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R1; VIDE ORDER DATED 09.02.2026, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7692 MFA No. 1741 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 4.12.2024 PASSED IN MVC NO. 4391/2020 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU CITY (SCCH-15), 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: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of learned counsel from both sides. 2. The present appeal is filed by the injured against the award of the Tribunal dated 04.12.2024 passed by the XIII Additional Small Causes Judge, ACJM, Court of Small Causes and Member, MACT -15 Bengaluru in M.V.C.No.4391/2020. 3. On account of the injuries sustained by the minor petitioner on 29.10.2020 the father of the minor - 3 - HC-KAR NC: 2026:KHC:7692 MFA No. 1741 of 2025 petitioner filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal, after taking into consideration the oral and documentary evidence available on file, partly allowed the claim petition awarding compensation of a sum of Rs.1,80,000/- with interest at the rate of 6% per annum from the date of petition till the date of deposit, holding respondent No.2 is liable to pay the compensation however, respondent No.1 is directed to deposit the award amount and interest and thereafter recover the same from respondent No.2 through due process of law. 4. Being aggrieved by the said judgment and award passed by the Tribunal, insofar as partly rejecting the claim of the appellant/petitioner, the appellant has filed the present appeal. 5. Learned counsel for the appellant mainly contended that he had spent more than Rs.1,80,000/- towards medical expenses. Tribunal granted inadequate - 4 - HC-KAR NC: 2026:KHC:7692 MFA No. 1741 of 2025 compensation though he sustained grievous injuries as below: “Grade V liver injury, moderate hemoperitoneum, B/L lung contusions, Rt. Hemothorax [mild], Rt. 1st rib fracture [posterior third]” The amounts granted under other heads are meagre. Interest is to be granted at the rate of 9% per annum and future medical expenses is not granted. Tribunal has granted only global compensation of Rs.1,80,000/- under pain and suffering, attendant charges and amenities. Hence, he prays for enhancement of the compensation. 6. Minor petitioner aged 5 years met with an accident on 29.10.2020 and claim petition is filed by his father as a natural guardian. Minor petitioner sustained the injuries mentioned in the above paragraph which are grievous in nature and was hospitalized for a period of 4 days. Exhibit P5 is the wound certificate. Petitioner stated that he had spent Rs.1,50,000/- for the treatment of his son. But the tribunal has granted Rs.1,45,251/- as per Ex.P.9. As per the judgment of the Hon’ble Supreme Court - 5 - HC-KAR NC: 2026:KHC:7692 MFA No. 1741 of 2025 in the case of Master Mallikarjun Vs. Divisional Manager, National Insurance Company Ltd., and another reported in 2014 (14) SCC 396 this Court can take his disability at least at 10% and he is entitled for Rs.1,00,000/- towards compensation for the injuries sustained by him as under: “Injury to Chest and Abdomen and Abdominal ICP Negative Moderate Hemoperit and Grave ‘V’ Liver Injury.” 7. Thus, he is entitled for Rs.1,00,000/- towards the compensation and apart from that he incurred Rs.1,45,251/- towards medical expenses and his parents might not have attended to their work at least for a period of 3 months for taking care of him. The father of the petitioner is aged 35 years, but his occupation is not mentioned. Therefore, this Court finds it reasonable to grant a global compensation of Rs.3,00,000/-. 8. Accordingly, the following: ORDER (i) The appeal is partly allowed. - 6 - HC-KAR NC: 2026:KHC:7692 MFA No. 1741 of 2025 (ii) The impugned judgment and award dated 04.12.2024 passed by the XIII Additional Small Causes Judge, ACJM, Court of Small Causes and Member, MACT -15 Bengaluru in M.V.C.No.4391/2020 is hereby modified. (iii) The compensation is enhanced from Rs.1,80,000/- to Rs.3,00,000/-. (iv) As Insurance Company already deposited the amount awarded by the Tribunal before the Court, they are directed to deposit the enhanced compensation of Rs.1,20,000/- with interest at the rate of 6% within one month from the date of this order and recover the same from the owner of the vehicle by due process of law. On such deposit, father of the minor petitioner is permitted to withdraw the entire amount along with the interest accrued on it as he incurred huge medical expenses. Sd/- (P SREE SUDHA) JUDGE BVK; List No.: 1 Sl No.: 12