MASTER NAVEEN KUMAR vs ABHISHEK RAMESH

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014



IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 15 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI

MISCELLANEOUS FIRST APPEAL NO.7254 OF 2014(MV-I)

BETWEEN:

MASTER NAVEEN KUMAR
S/O SRI T.KRISHNAPPA,
AGED:12 YEARS, OCC:STUDENT,
SINCE MINOR REPRESENTED
BY HIS FATHER & NATURAL GUARDIAN
SRI T.KRISHNAPPA,
S/O SANNA THIMMAIAH,
AGE:56 YEARS, OCC:HOUSE KEEPING,
R/A NO.131, YAREHALLI ASLIGRAMA,
KOLAHAL POST, HOLALKERE,
CHITRADURGA TALUK & DISTRICT.

…APPELLANT








[BY SRI SURESH M LATUR, ADVOCATE (VC)]

AND:

1. ABHISHEK RAMESH
S/O SRI RAMESH ANDAMS KONDOTH,
TH
NO 19/01, 10 CROSS,
MUNIREDDY LAYOUT,
NEAR R.S.HIGH SCHOOL,
MARUTHINAGAR,
MADIVALA, BANGALORE - 560 068.

2. THE MANAGER
ORIENTAL INSURANCE CO.LTD.,
ST TH
1108, 1 FLOOR, 26 MAIN,
TH
9 BLOCK, JAYANAGAR,
BANGALORE - 560 069.

…RESPONDENTS

Digitally signed
by ANUSHA V
Location: High
Court of
Karnataka

(BY SRI VASANTH V.FERNANDES, ADVOCATE FOR
SRI R.GUNASHEKAR, ADVOCATE FOR R2;
V/C/O DATED 11.04.2017 NOTICE TO R1 IS D/W)

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014


THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.09.2014 PASSED IN MVC
NO.1236/2013 ON THE FILE OF THE XIII ADDITIONAL SMALL
CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES,
BANGALORE, 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 MR. JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

Challenging judgment and award dated 08.09.2014
passed by XIII Additional Small Causes Judge, Member MACT,
Court of Small Causes, Bangalore (SCCH-15) (' Tribunal ') in
MVC no.1236/2013, this appeal is filed.


2. Sri Suresh M. Latur, learned counsel for appellant
submitted that appeal was by claimant for enhancement of
compensation.


3. Brief facts leading to this appeal as stated were that
at 5:30 p.m. on 02.01.2013, Naveen Kumar, a 11 year old
minor, was crossing Outer Ring Road near Horizon College

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014


when rider of motorcycle no.KA-05/HN-8067 rode it in rash and
negligent manner and it dashed against minor Naveen Kumar
causing accident. Despite taking treatment, he did not recover
fully. Claiming compensation, he filed claim petition in MVC
no.1236/2013 under Section 166 of Motor Vehicle Act, 1988
(' MV Act ') against owner and insurer of motorcycle.


4. Claim petition was opposed on all grounds, Tribunal
framed issues and recorded evidence.


5. Guardian of claimant (Master Naveen Kumar) along
with Dr.B. Ramesh and two others deposed as PWs.1 to 4 and
got marked Exs.P1 to P14. In rebuttal, official of insurer was
examined as RW.1 and got marked Exs.R1 to R5.


6. On consideration, Tribunal held accident occurred
due to rash and negligent riding of insured motorcycle by its
rider, claimant had sustained disability and was entitled for
compensation assessed by Tribunal it at Rs.1,10,000/- with
interest at 8% per annum. Dissatisfied with quantum, present
appeal was filed.

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014



7. It was submitted that Hon'ble Supreme Court in
case of Hitesh Nagjibhai Patel v. Bababhai Nagjibhai
Rabari and Anr., reported in 2025 SCC OnLine SC 3446
has held that in case of assessment of compensation of non-
earning minors, minimum wages notified for relevant period in
respect of skilled workers should be considered and multiplier
of ‘18’ applied. It was submitted that since particulars about
minimum wages notified by Government for relevant year were
not available, submitted that notional income adopted for year
2013 itself may be accepted.


8. It was submitted that Tribunal erred in not
awarding compensation by assessing loss of earning capacity.
It was submitted that even compensation awarded under other
heads i.e. Rs.20,000/- towards pain and suffering, Rs.15,000/-
towards loss of income during laid up period, Rs.15,000/-
towards attendance and other incidental expenses, Rs.5,000/-
towards medical expenses, Rs.15,000/- towards future medical
expenses, Rs.20,000/- each towards loss of amenities and
permanent physical impairment was on lower side. On above
grounds sought for allowing appeal.

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014



9. On other hand, Sri R. Gunashekar, learned counsel
for respondent no.2 – insurer would oppose appeal. It was
submitted that Tribunal had considered every record in proper
perspective and assessed compensation under each of heads
separately and same did not call for interference. On said
grounds sought for dismissal.


10. Heard learned counsel, perused impugned
judgment, award and record.


11. Since this appeal is by claimant for enhancement of
compensation, point that would arises for consideration is:
“Whether claimant is entitled for
enhancement of compensation as prayed?”


12. Same is answered partly in affirmative for following
reasons.

i) At outset, there is no dispute about occurrence
of accident due to rash and negligent riding of
insured motorcycle and claimant sustaining
injuries/disability on said account. Claimant is
seeking for enhancement of compensation.

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014


Indeed, insofar as monthly income, admittedly
claimant was a non-earning minor.


ii) In Hitesh ’s cases (supra), Hon'ble Supreme
Court has held in case of non-earning minors
minimum wages notified by respective
Government for relevant period in case of
skilled workers should be considered, but
admittedly there is no material regarding
minimum wage is notified. In absence, notional
income adopted for year 2013 at Rs.8,000/-
has to be considered. Claimant sustained spiral
fracture of left tibia. PW.3 who examined
claimant opined 20% disability to limb, 10% to
whole body. However, Tribunal assessed loss of
earning capacity at 6%. But did not grant
compensation towards future loss of income.
Said conclusion would be contrary to ratio laid
down in Hitesh ’s case. Taking monthly income
at Rs.8,000/- and applying multiplier of ‘18’.

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014



iii) Hon'ble Supreme Court in case of Erudhaya
Priya v. State Express Transport
Corporation Ltd. , reported in 2020 SCC
OnLine SC 601 has held even in case of
personal injury claims future prospects has to
be considered. In instant case, claimant was
minor therefore, future prospects at 40% has
to be added. Thus, compensation towards
future loss of income would be (Rs.8,000/- +
40%) X 6% X 12 X 18 = Rs.1,45,152/- .


iv) Claimant sustained spiral fracture of left tibia
which would be a fracture to a structural bone.
Therefore, award of Rs.20,000/- towards pain
and suffering would be inadequate and stands
enhanced to Rs.40,000/- . Tribunal has
reimbursed Rs.5,000/- towards medical
expenses leaving no scope for enhancement.
When claimant took inpatient treatment for two
days, award of Rs.15,000/- towards
conveyance, attendance, food and nourishment
etc would be more than enhancement.

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014


Therefore, no enhancement. Since monthly
income is reassessed at Rs.8,000/-, taking
layoff period as three months during period of
healing and recovery, claimant would be
entitled to Rs.24,000/- towards loss of
income during laid up period.


v) Tribunal has awarded Rs.20,000/- towards loss
of amenities and Rs.20,000/- towards
permanent physical impairment, which would
not be justified. However, if compensation of
Rs.40,000/- is awarded towards loss of
amenities, it would appear appropriate.
Tribunal has awarded Rs.15,000/- towards
future medical expenses. PW.3 has stated
about implants insitu and requirement of one
more operation for removal. Hence, award of
Rs.15,000/- would appear inadequate and is
enhanced to Rs.25,000/- .


13. Consequently, following:

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HC-KAR
NC: 2026:KHC:58314
MFA No. 7254 of 2014


CNR: KAHC010388382014


ORDER

i) Appeal is allowed in part , judgment and
award dated 08.09.2014 passed by Tribunal in
MVC no.1236/2013 is modified .


ii) Claimant is held entitled to enhanced
compensation from Rs.1,10,000/- to
Rs.2,94,152/- which shall carry interest at
8% per annum from date of claim petition, till
deposit.


iii) Insurer is directed to deposit enhanced
compensation before Tribunal within six
weeks.


iv) On deposit, entire enhanced compensation
with interest is ordered to be released in
favour of claimant.


Sd/-
(RAVI V HOSMANI)
JUDGE


GRD
List No.: 1 Sl No.: 16