MASTER. YASHAS NACHAPPA vs. SRI SHIVAKUMAR H

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HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 3 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.8582 OF 2024 (MVI)
C/W
MISCELLANEOUS FIRST APPEAL NO.8587 OF 2024 (MVI)
IN MFA No. 8582/2024
BETWEEN:
SMT. K.P. NEEMA
W/O SRI. K.P. POONACHA,
AGED ABOUT 41 YEARS,
R/AT SUVARNA SANKEERNA,
K.S.R.P. POLICE QUARTERS,
D BLOCK, VENKATAPURA,
KORAMANGALA,
BENGALURU-560 034.
…APPELLANT
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)
AND:
1. SRI. SHIVAKUMAR H.
MAJOR,
S/O SRI. HUCHAIAHA,
NO.72, PREETHAM POWER SOLUTION,
LALBAGH FORT ROAD,
NEAR LALBAGH MAIN GATE,
BENGALURU – 560 004.

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2. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
ND
NO.9/2, 2 MOTOR, T.P. HUB,
MAHALAKSHMI CHAMBERS,
M.G. ROAD,
BENGALURU – 560 001.
…RESPONDENTS
(BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R2;
V/O DT: 23.10.2025 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.09.2024 PASSED IN MVC
NO.6563/2016 ON THE FILE OF THE CHIEF JUDGE, COURT OF
SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 8587/2024
BETWEEN:
MASTER. YASHAS NACHAPPA
AGED ABOUT 17 YEARS,
S/O SRI. POONACHA K.P.
SINCE MINOR REPRESENTING BY MOTHER & NATURAL
GUARDIAN SMT. K.P. NEEMA,
AGED ABOUT 41 YEARS,
W/O SRI. K.P. POONACHA,
R/O SUVARNA SANKEERANA,
K.S.R.P POLICE QUARTERS,
D BLOCK, VENKATAPPA,
KORAMANGALA,
BENGALURU-34.
...APPELLANT
(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)

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AND:
1. SRI. SHIVAKUMAR H.
MAJOR,
S/O SRI. HUCHAIAHA,
NO.72, PREETHAM POWER SOLUTION,
LALBAGH FORT ROAD,
NEAR LALBAGH MAIN GATE,
BENGALURU – 560 004.
2. THE MANAGER
NEW INDIA ASSURANCE CO. LTD.
ND
NO.9/2, 2 MOTOR,
T.P. HUB, MAHALAKSHMI CHAMBERS,
M.G. ROAD,
BENGALURU- 560 001.
...RESPONDENTS
(BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R2;
V/O DT: 17.01.2025 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DT.09.09.2024 PASSED IN
MVC NO.6564/2016 ON THE FILE OF THE CHIEF JUDGE,
COURT OF SMALL CAUSES, MEMBER, PRL. MACT,
BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT
In MFA No.8582/2024
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 09.09.2024 in MVC No.6563/2016
(common award in MVC No.6563/2016 c/w MVC No.6564/2016
and MVC No.6565/2016) on the file of Chief Judge, Court of
Small Causes, Member, Prl. Motor Accident Claims Tribunal at
Bengaluru, seeking enhancement of compensation.
2. Heard the arguments of learned counsel on both
sides. The ranks of the parties are retained as per Tribunal for
the sake of convenience.
3. Brief facts of the case are that, injured claimant
met with accident on 03.07.2016 at 2.00 p.m., the petitioner
was travelling in a car bearing No.KA-41-TR-0530, drove by
respondent No.1 from Koramangala towards Kabbalamma
temple near Begur bridge, when dog came across the road lost
control and dashed to the side grill, caused injuries to the
petitioner. She filed claim petition claiming compensation of

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Rs.5,00,000/-. Tribunal considering the entire evidence on
record granted an amount of Rs.77,960 with current and future
interest at the rate of 6% per annum. Aggrieved by the said
award, she preferred an appeal.
4. Learned counsel for the appellant mainly contented
that she was aged 33 years working as a Receptionist and
earning Rs.20,000/- per month. The Tribunal has granted
interest at the rate of 6% and ought to have granted at the
rate of 12% and the amounts granted under other heads are
meagre.
5. Learned counsel for respondent No.2-Insurance
Company opposes that she has not examined the doctor, as
such, the question of granting of amount under the head loss of
future earning capacity does not arise.
6. As per the Wound certificate, discharge summary,
photos, case file shows that the petitioner sustained the
following injuries:
"Left elbow laceration, dorsal aspect, grazed
abrasion over forehead"

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She took conservative treatment at B.G.S. Global hospital
as an inpatient fro a period of 5 days i.e., from 03.07.2016 to
08.07.2016.
7. The Tribunal considered all the aspects and granted
an amount of Rs.77,960/-. Petitioner has filed her salary
certificate in which, it was mentioned that she was getting a
salary of Rs.17,000/- per month and the petitioner has
sustained injuries and remained absent for a period of 26 days.
Tribunal has granted an amount of Rs.34,000/- towards loss of
income during laid up period for a period of two months and
the same is confirmed.
8. Considering the nature of injuries, this Court finds it
reasonable to grant an amount of Rs.30,000/- for pain and
suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for
transportation, extra nourishment and attendant charges and
Rs.5,960/- towards medical bills and the said amount is
confirmed.
9. Thus in all, compensation awarded by this Court is
as below:

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10. Hence, the appellant-claimant is entitled for a total
compensation of Rs.1,24,960/- along with interest at the rate
of 6% p.a. from the date of petition till its realization.
11. In the result, the following order is passed:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 09.09.2024
passed in MVC No.6563/2016 on the file of the
Chief Judge, Court of Small Causes and

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Member, Principal MACT, Bangalore, is
modified.
iii. The claimant is entitled to a sum of
Rs. 1,24,960/- along with interest at 6%
p.a., from the date of petition till the date of
realization, instead of Rs.77,960/- granted by
the Tribunal.
iv. Respondent No.2/Insurance Company has
already deposited the award amount before
the Tribunal. Therefore, respondent No.2 /
Insurance Company is directed to deposit the
enhanced compensation of Rs.47,000/- along
with the interest at the rate of 6% within one
month from the date of this order.
v. On such deposit, the petitioner is permitted to
withdraw the entire amount along with interest
accrued on the same.
In MFA No.8587/2024
This appeal is filed challenging the judgment and award
dated 09.09.2024 in MVC No.6564/2016 (common award in
MVC No.6563/2016 c/w MVC No.6564/2016 and MVC

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No.6565/2016) on the file of Chief Judge, Court of Small
Causes, Member, Prl. Motor Accident Claims Tribunal at
Bengaluru, seeking enhancement of compensation.
2. Heard the arguments of learned counsel on both
sides. The ranks of the parties are retained as per Tribunal for
the sake of convenience.
3. The injured claimant met with accident on
03.07.2016 and filed claim petition claiming compensation of
Rs.15,00,000/-. The Tribunal considering the entire evidence
on record granted an amount of Rs.1,47,269/- with current and
future interest at the rate of 6% per annum. Aggrieved by the
said award, he preferred an appeal.
4. Learned counsel for the appellant mainly contented
that the petitioner was aged 9 years at the time of accident.
He sustained the following grievous injuries:
"Suffered traumatic brain injury, Facio Maxillary
fracture, base of skull fractures, traumatic CSF
Rhinorrhoea, Facial degloving injury, head injurty
fractures of left clavicle, fractures of right
zygomatic arch and left occipital bone".

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He was hospitalised for 17 days, took treatment at
B.G.S.Global hospital from 03.07.2016 to 20.06.2016. He
examined two doctors as PW.4 and PW.5, who assessed the
permanent neurological disability at 32% to whole body and
15% facial disability. Tribunal granted meagre compensation
under the other heads and thus, requested for enhancement of
compensation.
5. PW4 stated that he sustained head injury and had
lost consciousness. He also has Facio maxillary injuries along
with nasal bleed. At admission he was deeply unconscious and
gasping for breath. He was immediately intubated and was
connected to a mechanical ventilator. CT scan of the brain
revealed cerebral edema, right zygomatic arch fracture, right
temporal bone fracture, left occipital bone fracture and
maxillary sinus fracture along with pneumocephalus. He has
transient CSF leak form nose which subsided with treatment.
He was discharged on 20/07/16. At discharge, he was
rd th
conscious and had 3 and 6 nerve paresis. He assessed the
total disability as 32% pertaining to the whole body and it is
permanent damage.

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6. PW5 is a Consultant Plastic Surgeon stated that at
the time of admission, he was deeply unconscious and gasping
for breath. He was immediately intubated and was connected
to a mechanical ventilator. CT scan of the brain revealed
cerebral edema, right zygomatic arch fracture, right temporal
bone fracture, left occipital bone fracture and maxillary sinus
fracture along with pneumosephalus. Plastic surgery reference
for the complex right sided facial wound was sought on
04.06.2016. He has partially sutured mouth over the right
zygomatic and temple region with loss of skin over the right
lower lid. He underwent debridement and closure of facial
wound with local skin transposition for the right lower lid
defect. He stated that there is double vision, pulled lower lid
with exposed conjunctiva and assessed the total facial disability
as 15%.
7. The counsel for the appellant stated that he
sustained 47% disability but the Tribunal has not considered
disability and granted meagre amounts.
8. Considering the evidence of both the doctors said.
This Court finds it reasonable to take the disability as 20%. As

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per the citation reported in so and so, As per the judgment of
this Court in the case of New India Assurance Company
Limited v. Abdul S/o Mehaboob Tahasildar in MFA
No.103807/2016 , it was held that when the disability is more
than 20%, he is entitled for future prospectus but in this case
the disability is only taken as 20%, so the appellant is not
entitled for future prospects. He met with an accident in the
year 2016 and his notional income is to be considered as per
the chart prepared by Karnataka State Legal Services Authority
and it comes to Rs.9,500/- per month. Since he was below 15
years of age, the applicable multiplier is ‘15’.
9. Learned counsel for respondent No.2/Insurance
Company argued that the income of the petitioner cannot be
considered, as he was only 9 years old at the time of the
accident and permitting such assessment would be contrary to
the constitutional provisions prohibiting child labour.
10. The petitioner/injured sustained grievous injuries;
as per the medical evidence, the disability was assessed to the
extent of 47%. This Court finds it reasonable to take the
notional income as per the chart. The Hon’ble Supreme Court

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has stated that claimants cannot come to the Court repeatedly
for compensation in cases of composite disability and the Court
must consider all relevant factors and grant reasonable
compensation. Therefore, this Court finds it reasonable to grant
a sum of Rs.3,42,000/- (9,500 × 12 × 15 × 20%) under the
head of loss of future earning capacity. The petitioner was
hospitalized for a period of 17 days. The Tribunal awarded
Rs.27,269/- towards medical expenses, as the other amount
incurred by him was already reimbursed by the Insurance
Company and the said amount is confirmed. Considering the
age of the petitioner, nature of injuries and period of
hospitalization, this Court finds it reasonable to award a sum of
Rs.30,000/- towards transportation, extra nourishment and
attendant charges. The Tribunal has awarded Rs.60,000/-
towards pain and suffering and Rs.40,000/- towards loss of
amenities and the same is confirmed.
11. Thus in all, compensation awarded by this Court is
as below:

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12. Hence, the appellant-claimant is entitled for a total
compensation of Rs.4,99,269/- along with interest at the rate
of 6% p.a.
13. In the result, the following order is passed:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 09.09.2024
passed in MVC No.6564/2016 on the file of the
Chief Judge, Court of Small Causes and
Member, Principal MACT, Bangalore, is
modified.

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iii. The claimant is entitled to a sum of
Rs.4,99,269/- along with interest at 6% p.a.,
from the date of petition till the date of
realization, instead of Rs.1,47,269/- granted
by the Tribunal.
iv. Respondent No.2/Insurance Company has
already deposited the award amount before
the Tribunal. Therefore, respondent
No.2/Insurance Company is directed to deposit
the enhanced compensation of Rs.3,52,000/-
along with the interest at the rate of 6% within
one month from the date of this order.
v. On such deposit, the mother of the petitioner
being his natural guardian is permitted to
withdraw the entire amount along with interest
accrued on the same.
Sd/-
(P SREE SUDHA)
JUDGE
PSJ/AMA
List No.: 1 Sl No.: 75