SANDEEP @ SANDEEP D K vs AVINASH Y

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 6306 OF 2023 (MV-I)

BETWEEN:

SANDEEP @ SANDEEP D K
S/O KOTRESHA
AGED ABOUT 18 YEARS

AMENDMENT CARRIED OUT AS PER ORDER OF THIS
HON'BLE COURT DATED 28.10.2025

WHEN MINOR REPRESENTED BY
NATURAL GUARDIAN MOTHER LALITHAMMA
W/O KOTRESHA
AGED ABOUT 35 YEARS,
HOUSEHOLD AND COOLIE WORK
R/O SOKKE VILLAGE, JAGALUR TALUK,
DAVANAGERE DISTRICT - 577 528
…APPELLANT












(BY SRI. R. SHASHIDHARA, ADVOCATE)
AND:

1. AVINASH Y
S/O YESHWANT KUMAR
AGED ABOUT 35 YEARS
DRIVER OF CAR BEARING
NO.KA-35/N-5388
R/O SOKKE VILLAGE, JAGALUR TALUK,
DAVANAGERE DISTRICT - 577 528
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



2. H B KOTRAMMA
S/O P N KUMAR
AGE 73 YEARS
OWNER OF CAR BEARING NO.KA-35/N-5388
R/O NO.858, 7TH WARD,
NEAR AIRTEL TOWER, KOTTUR TOWN,
VIJAYANAGARA DISTRICT - 583 134

3. THE LEGAL MANAGER
NATIONAL INSURANCE CO. LTD.
MELGIRI PLAZA, DENTAL COLLEGE ROAD,
M C C B BLOCK, DAVANAGERE - 577 001
…RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R3
VIDE ORDER DATED 30.07.2026,
NOTICE TO R1 AND R2 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.03.2023 PASSED IN MVC
NO.8/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ADDITIONAL MACT-V, ITINERARY COURT, JAGALUR, 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 GEETHA K.B.

Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



ORAL JUDGMENT

This is the appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988 (in short 'M.V. Act') by the
appellant/claimant not satisfied with the judgment and award
dated 29.03.2023 in MVC.No.8/2022 on the file of Senior Civil
Judge and Additional M.A.C.T, - V, Itinerary Court, Jagaluru (in
short 'the Tribunal').

2. Parties would be referred with their ranks, as they
were before the Tribunal for the sake of convenience and
clarity.

3. The facts established before the Tribunal are that
claimant - the minor boy, aged about 14 years was pedestrian
on the road side of Sokke-Jagaluru road, near KEB office of
Sokke Village on 13.03.2021, at about 02:00p.m.; at that time,
the car bearing registration number KA-35/N-5388 being driven
by its driver came towards Jagaluru side, dashed against the
claimant and because of that the claimant sustained injuries.
He has taken treatment as inpatient in SNR Hospital,
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



Davanagere from 13.03.2021 to 22.03.2021. Hence, claimed
the compensation under different heads.

4. Respondent Nos.1 and 2, the driver and owner of
the offending car, have filed the statement of objections,
wherein they have denied the contention taken by the claimant
in the claim petition in toto and prayed for dismissal of the
claim petition. Respondent No. 3/Insurance Company has filed
its objection statement, wherein he admitted that there was a
valid policy as on the date of the accident, but denied all other
contentions of the claimant and hence prayed for dismissal of
the petition.

5. After framing issues, recording the evidence and
hearing arguments of both sides, the Tribunal came to the
conclusion that the claimant is entitled for Rs.2,97,260/- under
the following heads:
1. Pain and suffering already
undergone and to be suffered in
future, mental and physical
shock, hardship, inconvenience,
and discomforts, etc., and loss
of amenities in life on account of
permanent disability.

Rs.1,50,000/-
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



2. Discomfort, inconvenience and
loss of earnings to the parents
during the period of
hospitalization.

Rs.3,600/-
3. Medical expenses Rs.83, 652/-
4. Special food and diet Rs.20,000/-
5. Travel expenses Rs.20,000/-
6. Facility & accommodation Rs.20,000/-
Total Rs. 2,97,252/-
Rounded off Rs. 2,97,260/-

Not satisfied with the aforesaid compensation, the
claimant/appellant is before this Court.

6. Heard arguments of both sides.

7. Sri R. Shashidhara, the learned counsel for the
appellant would submit that even though the Tribunal came to
the conclusion that the claimant has sustained disability in the
accident, the Tribunal has awarded only Rs.1,50,000/- as
compensation towards pain and sufferings, which is not in
accordance with MASTER MALLIKARJUN Vs. DIVNL. MGR.
NATIONAL INS. CO. LTD. & ANR reported in (2014) 14 SCC
396 . Presently, the Hon'ble Apex Court in the case of HITESH
NAGJIBHAI PATEL Vs. BABABHAI NAGJIBHAI RABARI &
ANR. reported in 2025 INSC 1070 held that even though the
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



injured is minor, income of the injured shall be taken
equivalent to the wages of skilled worker in the State. Hence,
prays for enhancement of compensation on all heads.

8. Sri Ravish Benni, the learned counsel for
respondent No.3 would submit that the compensation awarded
by the Tribunal is on higher side because the doctor has stated
that the fracture injury was united and disability was assessed
prior to 6 months of removal of implants. Hence, the
compensation awarded by the Tribunal is more than just and
reasonable and it requires no interference.

9. Having heard arguments of both sides, verifying the
appeal papers and trial Court records, the point that arises for
consideration is:
(i) Whether claimant is entitled for enhancement
of compensation?

10. The finding of this Court on the above point is in
Affirmative for the following:


Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



REASONS
11. The facts established before the Tribunal and the
wound certificate as per Ex-P7 reveals that the claimant has
sustained fracture of right Tibia and Fibula and he has taken
treatment as inpatient for 12 days in SNR Hospital,
Davanagere.

12. The doctor, who removed the implants was
examined as PW2. He issued the disability Certificate as per Ex-
P9 and assessed disability of 33% to the right lower limb of the
claimant.

13. In the cross-examination of the doctor, he has
deposed that 6 months time is to be given to decide the
disability from the date of operation, but further volunteered
that said rule is not applicable for removal of implants.

14. In the instant case, the accident has taken place on
13.03.2021, the claimant was operated in March-2021,
implants were removed on 30.08.2022 and about 3 months
afterwards, the doctor assessed the disability. The doctor
further deposed that the bones were reunited. Further, the
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



doctor has assessed disability at 33%, which is not seriously
disputed. Even the Tribunal has considered it and awarded the
compensation. The insurance company has satisfied the award
and thus not disrupted the disability of the claimant.

15. As per the case of HITESH's case cited supra the
Hon'ble Apex Court held that in case of minors, the income of
the minor shall be taken as minimum wages of a skilled
labourer in that State.

16. As per the Notification No. KAE 19 LMW 2017 dated
30.12.2017 from 01.04.2020 to 31.03.2021, the minimum
wages payable to a skilled worker is Rs.13,406.90, which shall
be rounded off to Rs.13,407/- per month. This shall be taken as
the notional income of the claimant.

17. By placing reliance on the case of NATIONAL
INSURANCE CO. LTD. Vs. PRANAY SETHI AND OTHERS
reported in AIR 2017 SC 5157 , in case of a minor, aged below
15 years the applicable multiplier would be '15'. Hence, the
compensation payable to the claimant under the head 'loss of
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



future earning capacity' shall be Rs.13,407/- x 12 x 15 x 11%
= Rs.2,65,458/-.

18. As far as the other heads are concerned, the
Tribunal has awarded the compensation of Rs.3,600/- to the
discomfort, inconvenience and loss of earnings to the parents
for 12 days by taking the income of parents on the notional
income chart prepared by KSLSA, which requires no
interference. As far as other heads are concerned, the Tribunal
has awarded the just and reasonable compensation, which also
requires no interference. Hence, the claimant is entitled for
Rs.2,65,458/- towards 'loss of future earning capacity', which
includes the amount awarded by the Tribunal under pain and
sufferings. The Tribunal has not awarded any compensation
towards 'loss of amenities'. Therefore, the claimant is entitled
for Rs.30,000/- towards 'loss of amenities'. Thus, the claimant
is entitled for the following modified compensation:
Sl.
No.
PARTICULARS AMOUNT

01. Loss of future earnings Rs.2,65,458/-
including pain and sufferings
02. Loss of amenities Rs.30,000/-
03. Loss of earnings to the Rs.3,600/-
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023



parents during the period of
hospitalization
04. Medical expenses Rs.83,652/-
05. Special food and diet Rs.20,000/-
06. Travel expenses Rs.20,000/-
07. Facility and accommodation Rs.20,000/-
Total Rs.4,42,710/-

19. Hence, the claimant is entitled for total
compensation of Rs.4,42,710/- as against Rs.2,97,260/-
awarded by the Tribunal.

20. Hence, this Court passes the following:
ORDER

a) Appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988 is allowed-in-part .

b) Judgment and award dated 29.03.2023 passed in
MVC No.8/2022 on the file of the Senior Civil Judge
and Additional M.A.C.T.-V, Itinerary Court at
Jagalur is modified holding that the claimant is
entitled for total compensation of Rs.4,42,710/- as
against Rs.2,97,260/- awarded by the Tribunal.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58204
MFA No. 6306 of 2023


CNR: KAHC010480852023




c) The enhanced compensation shall carry interest at
6% per annum from the date of petition till
realization.

d) The respondent No.3/Insurance Company shall
deposit the compensation amount with accrued
interest before the Tribunal within a period of 8
weeks from the date of receipt of certified copy of
this judgment.

e) The disbursement and deposit shall be as per the
order of the Tribunal.

f) No order as to costs.

g) Draw modified award accordingly.

h) Registry to transmit the TCR to the Tribunal,
forthwith.
Digitally Signed By:

K B GEETHA

(GEETHA K.B.)
JUDGE




JY
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