Full Judgment Text
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MFA No. 5560 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 5560 OF 2016 (MV-I)
BETWEEN:
1.
KUMARI BHARGHAVI
D/O MANJUNATH V
AGED ABOUT 11 YEARS,
R/AT NO. 48, 7TH CROSS,
2ND STAGE, AKSHYANAGAR,
RAMAMURTHYNAGAR,
KOWDENAHALLI,
DOORAVANINGAR POST,
BENGALURU - 560 016.
BEING MINOR
REPRESENTED BY HER MOTHER SMT. SHOBHA
AS NATURAL GUARDIAN
…APPELLANT
(BY SRI.K.RAGHU., ADVOCATE)
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court of
Karnataka
AND:
1. RELIANCE GENERAL INSURANCE CO LTD.,
REGIONAL OFFICE, NO. 28,
5TH FLOOR, CENTENARY BUILDING,
M.G.ROAD, BENGALURU - 560 001.
2. SRI MADHUSUDHAN
S/O KRISHNMURTHY,
NO. 64, 2ND CROSS,
SHESHADRIPURAM,
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MFA No. 5560 of 2016
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BENGALURU - 560 003.
3. SHRIRAM GENERAL INSURANCE CO LTD.,
E-8, EPIP, RIICO, INDUSTRIAL AREA, SITAPUR,
JIPUR, RAJASTHAN - 302 022.
4. SRI SYED IMRAN
M/S BABA TRANSPORT,
NO. 101/102, 4TH CROSS, 1ST STAGE,
BTM LAYOUT, BENGALURU - 560 029.
…RESPONDENTS
(BY SRI. LAKSHMINARAYAN C.,ADVOCATE FOR R1)
(SRI.B.PRADEEP ADVOCATE FOR R3)
(V/O DATED 15.03.2019, NOTICE TO R2 AND R4 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED31.03.2016 PASSED IN MVC
NO.2489/15 ON THE FILE OF THE 12TH ADDITIONAL SMALL
CAUSES JUDGE & MEMBER, MACT, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
Heard the arguments of both sides.
2. This appeal is filed by the appellant/claimant
challenging the judgment and award dated 31.03.2016
passed in MVC No.2489/2015, passed in common
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judgement and award in MVC.No.2485/2015 to
MVC.No.2494/2015 by the XII Additional Small Causes
Judge and Member, MACT, Bengaluru (hereinafter
referred to as 'the Tribunal' for short) seeking
enhancement of compensation.
3. The minor petitioner/appellant aged 10 years
met with an accident on 14.04.2015 and her mother
representing her as a natural guardian filed a claim
petition claiming compensation Rs.10,00,000/-. Tribunal
considering the entire evidence on record granted an
amount of Rs.7,56,508/- with interest at the rate of 6%
per annum from date of petition till realisation.
4. Aggrieved by the said award, preferred an
appeal and mainly contended that the tribunal granted
meager amounts under the other heads and thus
requested for enhancement of the compensation. It is
case of injury, petitioner/appellant sustained the following
injuries:
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1. Right proximal femur shaft.
2. Fracture-oblique left distal femur (supra
condylar)
3. Epiphysel injury.
4. Left proximal tibia undisplaced fracture.
5. CLW present over chin and lower lip.
6. Tenderness over mandible
7. Swelling tenderness over proximal part of right
thigh.
8. Swelling tenderness over proximal part of left
thigh.
and all injuries are grievous in nature.
5. She was hospitalised for a period of 7 days. She
examined the doctor as PW9 and he stated that she
sustained following injuries:
1. Fracture shaft right proximal
femur, oblique, left distal femur,
supracondylar fracture epiphyseal injury.
2. Left proximal tibia fracture and she
had cerebral plasy.
6. She under went open reduction and internal
fixation in respect of fracture of shaft femur with a 9 holed
plate, She also underwent a operation in respect of left
supracondylar fracture of femur with closed reduction and
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K-wiring. Left proximal tibial fractures were immobilized in
a knee POP cast and found that the right femur proximal
shaft fracture internally fixed with a plate and 8 screws
with fracture united and implants in situ. There is a
malunion of the fracture of the left supracondylar area
with aprocurvatum deformity leading to slight FFD of the
knee joint and x-ray of the left leg shows a cross
recurvatum deformity of the proximal tibia due to
malunion of the fracture and sustained shortening of the
left lower limb and sustained disability of 30% to 40% for
each segment of femur and about 60% for tibia in anyone
else as it is difficult to assess. So, 35% for right femur and
95% for left femur and tibia put together. She sustained
total permanent disability 35% for her right lower limb and
95% for her left lower limb. She was advised for surgeries
of deformity corrections of her left tibia with ilizarov
external fixation by osteotomy of the tibia.
7. It is also stated that she was aged about 10
years and there is a chance of improvement in the future.
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The tribunal has taken the 35% disability and relied upon
the notional income and assessed the disability. Learned
counsel for the appellant submits to take her income as
per the chart prepared by the Karnataka State Legal
Services Authority. As she met with an accident in the
year 2015, her notional income is to be taken as
Rs.9,000/- per month as per the chart prepared by the
Karnataka State Legal Services Authority.
8. Learned counsel for the appellant relied upon
the judgement of Hon'ble Apex Court in the case of Hitesh
Nagjibhai Patel V/s Bababhai Nagjibhai Rabari and
another and requested this Court to apply the multiplier
as '18'. But this Court finds it reasonable to take the
multiplier as '15' as per the judgment of Hon'ble Apex
Court in the case of National Insurance Company
Limited vs. Pranay Sethi and others reported in
(2017) 16 Supreme Court Cases 680 and Sarla
Verma (Smt) and others vs. Delhi Transport
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Corporation and another reported in (2009) 6
Supreme Court Cases 121.
Therefore, the loss of future earning capacity comes
to Rs.9,000/- X 12 X 15 X 35% = Rs.5,67,000/-
9. She incurred Rs.1,48,508/- towards medical
expenses as per the medical bills and the said amount
granted by the tribunal is confirmed. Considering the age
of the petitioner and nature of injuries sustained, tribunal
granted Rs.1,00,000/- towards pain and sufferings,
Rs.50,000/- towards loss of amenities and it is confirmed.
Rs.50,000/- is granted towards transportation, extra
nourishment and attending charges. Tribunal granted
Rs.28,000/- for the inconvenience caused to the parents
and the said amount is also confirmed. and the doctor
assessed future disability upto Rs.2,00,000/- to
Rs,3.00,000/-. This Court finds it reasonable to grant an
amount of Rs.1,00,000/- towards future medical expenses
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and Rs.3,00,000/- towards loss of future prospects of
marriage.
10. The total compensation comes to Rs.5,67,000/-
+ +Rs.1,48,508/- + Rs.1,00,000/-+ Rs.50,000 +
Rs.50,000/- + Rs.28,000/- + Rs.1,00,000/- +
Rs.3,00,000/- = Rs.13,43,508/-.
11. Thus, in all, the claimant is entitled for the
following compensation:
SL.NO. PARTICULARS AMOUNT (IN.RS.)
1. Loss of future earning 5,67,000.00
capacity
2. Medical expenses 1,48,508.00
3. Pain and sufferings 1,00,000.00
4. Loss of amenities 50,000.00
5. Transportation, extra
nourishment and attending
charges.
50,000.00
6. Inconvenience caused to the 28,000.00
parents during the laid up
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period
7. Future medical expenses 1,00,000.00
8. loss of future prospects of 3,00,000.00
marriage
TOTAL 13,43,508/-
12. The Tribunal has awarded the compensation of
Rs.7,56,508/- but the appellant/claimant is entitled to
total compensation of Rs.13,43,508/-. Compensation is
enhanced from Rs.7,56,508/- to Rs.13,43,508/-.
13. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part .
ii. The judgment and award passed by the Tribunal in
M.V.C. No.2489/2015 dated 31.03.2016 passed in
MVC No.2489/2015, passed in common judgement
and award in MVC.No.2485/2015 to
MVC.No.2494/2015 by the XII Additional Small
Causes Judge and Member, MACT, Bengaluru is
hereby modified holding that the claimant is entitled
for enhanced compensation of Rs. 5,87,000/-* along
*Corrected vide Court order dt. 10.03.2026
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with interest @ 6% p.a.
iii. As there is contributory negligence between the both
the vehicles, tribunal fixed the liability on Reliance
General Insurance Company/Respondent No.1 as
6 0%* and that of Shriram General Insurance Co.
Ltd.,/Respondent No.3 as 4 0%* . Insurance
companies already deposited the award amount
before the tribunal. They are directed to deposit the
balance compensation amount as per the ratio fixed
upon by them with interest within 1 month from the
date of this order.
iv. On such deposit, mother of the petitioner is
permitted to withdraw the entire amount along with
interest accrued on it.
v. Ordered accordingly.
Sd/-
(P SREE SUDHA)
JUDGE
RCK
List No.: 1 Sl No.: 84
*Corrected vide Court order dt. 10.03.2026