MASTER A NARENDRA BABU vs SRI SHAIK PARVEZ AHMED
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 4155 OF 2026 (MV-I)
BETWEEN:
MASTER A. NARENDRA BABU
S/O A. SHANKARA,
NOW AGED ABOUT 15 YEARS.
THE APPELLANT BEING MINOR
REPRESENTED BY HIS MOTHER AND
NATURAL GUARDIAN,
SMT. A. LAVANYA
W/O A. SHANKARA,
NOW AGED ABOUT 36 YEARS.
BOTH ARE RESIDING AT NO.7-74,
MAARASANAPALLI, BODEVARIPALLI
PUNUNGANUR, CHITTOOR,
ANDHRA PRADESH - 517 247.
ALSO RESIDING AT
NO.24/1, T.C.PALYA, K.R.PURAM,
BENGALURU - 560 036.
…APPELLANT
(BY SRI. GOPALAKRISHNA N, ADVOCATE FOR
SMT. SUSHMITHA G, ADVOCATE)
AND:
1. SRI. SHAIK PARVEZ AHMED
S/O SHAIK GHOUSE AHMED,
MAJOR IN AGE,
RESIDING AT 3-15, SARAKARBAVI STREET,
GURRAMKONDA, CHITTOOR,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
ANDHRA PRADESH - 517 297.
2.
SRI. K. VENKANNA BABU
S/O. SURYANARAYANA,
MAJOR IN AGE,
RESIDING AT NO.2-87/1,
PASARLAPUDI KOTTUR MERKA,
MAMMIDI, KUDURU, KONASEEMA,
GODAVARI EAST,
ANDHRA PRADESH - 533 247.
3. UNITED INDIA INSURANCE CO.LTD.,
REGIONAL OFFICE, 5TH AND 6TH FLOOR,
KRISHI BHAVAN, NRUPATHUNGA ROAD,
OPP. HUDSON CHURCH,
BENGALURU - 560 001,
REP. BY ITS MANAGER.
…RESPONDENTS
(BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R3;
VIDE ORDER DATED 19.06.2026, NOTICE TO R1 AND R2
ARE DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED. 06/02/2026 PASSED IN MVC
NO. 4097/2024 ON THE FILE OF THE VIII ADDITIONAL
JUDGE, COURT OF SMALL CAUSES AND ACJM AND THE MOTOR
ACCIDENT CLAIMS TRIBUNAL AT BENGALURU., 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:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 06.02.2026 passed in MVC
No.4097/2024 by VIII Additional Judge, Court of Small
Causes and ACJM and MACT, Bengaluru (SCCH-5).
2. Even though the matter is listed today for
orders, with the consent of both the learned counsel for
appellant and learned counsel for respondent No.3/insurer,
the matter is taken up for disposal.
3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
by him in a road traffic accident occurred on 29.03.2024
contending that the accident occurred due to rash and
negligent driving by the driver of car bearing registration
No.AP-07-CD-8228.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:
Sl.
No.
Particulars Amount
1. Pain and suffering, mental
and physical shock,
hardship inconvenience
discomfort
Rs. 3,00,000/-
2. The loss of earnings to the
parents during the period of
hospitalisation
Rs. 10,000/-
3. Conveyance, food and
nourishment charges
Rs. 15,000/-
4. Medical expenses Rs. 400/-
Total Rs. 3,25,400/-
5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
realisation and directed respondent No.3/insurer to pay
the compensation awarded with interest. The claimant
have filed the present appeal seeking enhancement of
compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
6. Heard the learned counsel for appellant and
learned counsel for respondent No.3/insurer.
7. Learned counsel for the appellant would
contend that the claimant was aged thirteen (13) years as
on the date of accident i.e., 29.03.2024. The Tribunal
placed reliance on the decision of MALLIKARJUN vs.
DIVISIONAL MANAGER, NATIONAL INSURANCE CO.
LTD. AND ANOTHER reported in (2014) 14 SCC 396
has awarded the compensation. He further submits that,
the Hon'ble Court in the case of HITESH NAGJIBHAI
PATEL vs. BABABHAI NAGJIBHAI RABARI & ANR.
reported in (2025) INSC 1070 has held in cases of
minor, minimum wages is to be taken as income of the
injured and compensation is to be awarded for loss of
future income due to disability. He further submits that,
P.W.2 - Doctor examined the claimant, assessed the
disability and stated that the claimant has sustained 66%
disability to the right lower limb and 33% to the whole
body. The claimant is entitled to compensation under the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
heads pain and sufferings, loss of amenities, loss of
income during laid up period to the parent, medical
expenses and attendant, conveyance, food and
nourishment charges etc. With these, he prayed to allow
the appeal.
8. Learned counsel for respondent No.3/insurer
would contend that, the Tribunal has rightly awarded the
compensation and there are no grounds for enhancement.
With these, he prayed for dismissal of the appeal.
9. Having heard the learned counsel for
appellant/claimant and learned counsel for respondent
No.3/insurer, the Court has perused the impugned
Judgment, Award and other materials placed on record.
10. The accident occurred on 29.03.2024 and as on
the date of accident, the claimant was aged thirteen (13)
years. The Hon'ble Apex Court in the case of HITESH
NAGJIBHAI PATEL supra has held that in cases of injury
to the minor, minimum wages is to be taken as income of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
the injured and compensation has to be computed. The
accident occurred at Chittor, Andhra Pradesh, the
minimum wages for unskilled labour is Rs.11,606/- per
month and the said income is to be taken and multiplier
applicable is '15'.
11. P.W.2 - Doctor examined the claimant,
assessed the disability and stated that the claimant has
sustained 66% disability to the right lower limb and 33%
to the whole body. In cases of disability to the lower limb,
1/3rd of the same is to be taken as disability to the whole
body. Therefore, the disability is to be taken at 22%
(1/3rd of 66%). As the disability is more than 20%, the
claimant is entitled to future prospects at 40%. In view of
the same, loss of future income due to disability is
calculated as under:
Rs.11,606/- X 12 X 15 X 22% + 40% =
Rs.6,43,437/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
12. The claimant has sustained the following
injuries:
a) Compound type III B distal femur fracture
right closed M/3rd both bones fracture right
leg
13. Considering the injuries/fractures sustained by
the claimant, he is entitled to compensation towards pain
and sufferings in a sum of Rs.80,000/- and loss of
amenities in a sum of Rs.60,000/-. As the claimant has
sustained fractures and aged thirteen (13) years, parents
are to be take care atleast for two (02) months and
therefore, entitled to loss of income during laid up period
to the parent in a sum of Rs.23,212/- (Rs.11,606/- X 02
months).
14. The claimant has been admitted in hospital for
six (06) days and therefore, he is entitled to attendant,
conveyance, food and nourishment etc. in a sum of
Rs.6,000/- (Rs.1,000/- X 06 days). The Tribunal has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
rightly awarded medical expenses of Rs.400/- based on
the medical bills.
15. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Loss of future income due to
disability
Rs. 6,43,437/-
2. Pain and sufferings Rs. 80,000/-
3. Loss of amenities Rs. 60,000/-
4. Loss of income during laid
up period to parent
Rs. 23,212/-
5. Medical expenses Rs. 400/-
6. Attendant, conveyance, food
and nourishment charges
etc.
Rs. 6,000/-
Total Rs. 8,13,049/-
16. The claimant is entitled to total compensation of
Rs.8,13,049/- as against Rs.3,25,400/- awarded by the
Tribunal with interest.
17. Consequently, the claimant is entitled to
enhanced compensation of Rs.4,87,649/- (Rs.8,13,049/- -
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
Rs.3,25,400/-) with interest at the rate of 6% per annum
from the date of petition till realisation.
18. Respondent No.3/insurer is liable to pay the
said enhanced compensation amount with interest.
19. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.4,87,649/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.3/insurer shall deposit the
enhanced compensation amount with
interest before the Tribunal within a period
of six weeks from this day.
iv) The entire enhanced compensation amount
shall be kept in Fixed Deposit in the name
of appellant/claimant (minor) till he attains
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:57705
MFA No. 4155 of 2026
CNR: KAHC010380482026
majority in Karnataka Bank, City Civil Court
Branch, Bengaluru.
v) The mother/minor guardian of the
appellant/claimant is entitled to withdraw
the interest on Fixed Deposit for every
quarter for meeting the expenses of the
claimant.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 17