B B FATHIMA vs M SUJATHA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 3473 OF 2026 (MV-I)
BETWEEN:
B.B. FATHIMA
D/O KALEEM PASHA
AGED ABOUT 16 YEARS
THE PETITIONER IS THE MINOR
SHE IS REPRESENTED BY HER FATHER
KALEEM PASHA – NATURAL GUARDIAN
TH
R/AT NO.571, 11 CROSS
MODI ROAD, DODDANNA NAGARA
D.J. HALLI, BENGALURU NORTH
BENGALURU - 560 045.
PRESENT R/AT
YASIN NAGARA
RIVER BANK ROAD
HOLENARASIPURA
HASSAN DISTRICT – 573 211.
…APPELLANT
(BY SRI. GIRISH B BALADARE.,ADVOCATE)
AND:
1. M SUJATHA
W/O MAHALINGAM
MAJOR
R/AT DOOR NO.3916
KUPPANAN ROAD
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
RAMAPURA, POODURU
NAMAKAL DISTRICT
TAMILNADU STATE – 637 001.
2. THE MANAGER
UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.,
ND
OFFICE NO. 07, 2 FLOOR
TH
SHA COMPLEX, 9 MAIN ROAD
TH
5 BLOCK, JAYANAGARA
BENGALURU – 560 041.
…RESPONDENTS
(BY SRI. S.V. HGDE MULKHAND.,ADVOCATE FOR R2;
V/O DATED 04.06.2026, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 06.10.2025 PASSED IN MVC
NO. 943/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant -claimant seeking
enhancement of compensation awarded in judgment and
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
award dated 06.10.2025 passed in MVC No.943/2023 by
the Senior Civil Judge and MACT, Helenarasipura.
2. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 05.04.2023 contending
that the accident occurred due to rash and negligent
driving of the driver of Mahendra Bolero Pickup vehicle
bearing registration No.T.N.88-H-8606. The Tribunal after
recording the evidence of the parties, appreciating the
evidence assessed the compensation and awarded
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. 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 disability
1,00,000/-
02. Medical expenses 19,808/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
12,000/-
03. Discomfort, inconvenience
and loss of earnings to the
parents during the period
of hospitalization
04. Conveyance charges 5,000/-
05. Food, diet and nourishment 20,000/-
Total 1,56,808/-
3. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
and directed respondent No.2 -insurer to deposit the
award amount with interest. The claimant seeking
enhancement of compensation has filed the present
appeal.
4. Heard learned counsel for the appellant and
learned counsel for respondent No.2 –insurer.
5. The accident occurred on 05.04.2023 and as on
the date of accident, the appellant -claimant was aged 13
years. The Tribunal has awarded compensation relying
upon the judgment of the Hon'ble Apex Court in the case
of Master Mallikarjun Vs Divisional Manager,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
1
National Insurance Company . Learned counsel for
appellant placed reliance on the judgment of the Hon'ble
Apex Court in the case of Hitesh Nagjibhai Patel Vs
2
.
Bababhai Nagjibhai Rabari and another As per the
said decision of the Hon'ble Apex Court in the case of
injury to a child, income of the child is to be taken
equivalent to minimum wages of skilled labour, applying
multiplier and disability sustained. The minimum wages for
skilled worker in Zone -3 is around Rs.14,000/-.
Therefore, the income of the claimant is to be taken at
Rs.14,000/- per month. The claimant is aged 13 years and
therefore, multiplier applicable is ‘15’.
6. C.W.2 –doctor who has examined the claimant
has assessed disability and stated that the claimant is
having 22.3% disability to the right lower limb. In cases of
disability to the lower limb 1/3 of the same is to be taken
as disability to the whole body. Therefore, disability to be
1
In (2014) 14 SCC 396
2
In 2025 INSC 1070
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
taken is 7% to the whole body. In view of above, loss of
future income due to disability is calculated as under:
Rs.14,000/- x 12 x 15 x 7% = Rs.1,76,400/-.
7. The claimant has sustained the following
injuries:
a) 10 x 8 c.m abrasion over right side lower back
b) 8 x 4 x 3cm deep lacerated wound with tissue loss
and crush injury with open metatarsal fractures
c) 1 c.m. abrasion over inner aspect of right side
cheek.
Considering the said injuries, the compensation to be
awarded towards pain and suffering in a sum of
Rs.70,000/- as against Rs.1,00,000/- as awarded by the
Tribunal and loss of amenities in a sum of Rs.30,000/-.
Considering the injuries sustained, the claimant has to
take rest at least for 02 months and one of the parents
has to take care of the claimant. Therefore, the claimant is
entitled to loss of income during laid up period to the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
parent in a sum of Rs.28,000/- (Rs.14,000/- x 02months).
The claimant has spent a sum of Rs.19,808/- towards
medical expenses and the same requires to be awarded.
The claimant has been admitted in hospital for 25 days
and considering the same, the claimant is entitled to
attendant, conveyance charges, food and nourishment
etc., in a sum of Rs.25,000/-.
8. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 70,000/-
02. Towards Medical Expenses 19,808/-
03. Towards attendant,
conveyance charges, food
and nourishment etc.,
25,000/-
04. Towards loss of amenities 30,000/-
05. Towards loss of future 1,76,400/-
income due to disability
06. Toward loss of income 28,000/-
during laid up period
Total 3,49,208/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
The claimant is entitled to total compensation of
Rs.3,49,208/- as against Rs.1,56,808/- as awarded by the
Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.1,92,400/- with
interest at the rate of 6% per annum from the date of
petition till realization. Respondent No.2 -insurer is liable
to pay the said compensation with interest.
9. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) The appellant -claimant is entitled to enhanced
compensation of Rs.1,92,400/- with interest at the
rate of 6% per annum from the date of petition till
realization.
iii) Respondent No.2 shall deposit the said enhanced
compensation amount with interest within a period of
06 weeks from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59246
MFA No. 3473 of 2026
CNR: KAHC010322812026
iv) The amount so deposited shall be kept in fixed
deposit in the name of appellant -claimant -minor in
any nationalized/ scheduled bank till she attains
majority.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 2 Sl No.: 45