DEEPAK V S vs SOMSHEKHARA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO. 2829 OF 2025
(MV-I)

BETWEEN:


DEEPAK V.S.
S/O SOMASHEKHAR,
AGED ABOUT 14 YEARS,
R/AT VADDARAHALLI VILLAGE, KASABA HOBLI,
ARAKALAGUDU TALUK,
SINCE MINOR REPREENTED BY HIS NEXT FRIEND
i.e., NATURAL MOTHER BY NAME SAVITHA,
W/O SOMASHEKHAR,
R/AT VADDARAHALLI VILLAGE, KASABA HOBLI,
ARAKALAGUD TALUK.
…APPELLANT








(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)


AND:

1. SOMSHEKHARA
S/O PUTTARAJU,
AGED ABOUT 42 YEARS,
R/AT VADDARAHALLI VILLAGE, KASABA HOBLI,
ARAKALAGUU TALUK.

2. THE MANAGER
CHOLAMANDALAM MS GENERAL INSURANCE
CO. LTD.,
GOLDEN HEIGHT COMPLEX,
4TH 'M' BLOCK, RAJAJINAGARA,
BENGALURU - 560 010.
…RESPONDENTS

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025


(BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2;
VIDE ORDER DATED 10.09.2026, NOTICE TO R1
DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 31.01.2025 PASSED IN MVC
NO.1041/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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 31.01.2025 passed in MVC
No.1041/2023 by the Senior Civil Judge and Member,
MACT, Arakalagud.

2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellant and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 3 -
HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025



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 04.02.2023
contending that the accident occurred due to rash and
negligent driving by the rider of motorcycle bearing
registration No.KA-13/EU-1358.


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, shock and agony Rs. 25,000/-
2. Medical expenses Rs. 1,37,100/-
3. Food, diet, attendant,
nourishment, conveyance
and other incidental
expenses
Rs. 15,000/-
4. Loss of future income due to
permanent disability
Rs. 27,300/-
5. Disappointment, discomfort
and loss of amenities
Rs. 10,000/-
Total Rs. 2,14,400/-

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025



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.2/insurer to pay
the compensation awarded with interest. The claimant has
filed the present appeal seeking enhancement of
compensation.

6. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.

7. The accident occurred on 04.02.2023 as on the
date of accident, the claimant was aged thirteen (13)
years. As per the decision of Hon'ble Apex Court in the
case of HITESH NAGJIBHAI PATEL vs. BABABHAI
NAGJIBHAI RABARI & ANR. reported in (2025) INSC
1070 , in cases of minor who sustained injuries, the
compensation is to be awarded towards loss of future
income due to disability taking minimum wages, apply
multiplier and disability. The minimum wages for the year
2023 to the skilled labour is Rs.13,650/- per month and
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025


the said income is to be taken and the multiplier applicable
is '15' as against '13' taken by the Tribunal.

8. C.W.1 - Doctor has stated that the disability to
left lower limb is 23% and considering the same, the
Tribunal has rightly taken the disability to the whole body
at 7%. In view of the same, loss of future income due to
disability is calculated as under:
Rs.13,650/- X 12 X 15 X 7% = Rs.1,71,990/-.


9. The claimant has sustained the following
injuries:

a) Abrasion over left hand

b) Contusion over occipital region

c) Lacerated wound over forehead 4 X 2 cms.

d) Lacerated wound over left thigh 1 X 1 cm

e) Severely comminuted supracondylar fracture
left femur


10. Considering the said injuries, the compensation
awarded towards pain and sufferings in a sum of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025


Rs.25,000/- is enhanced to Rs.60,000/- and loss of
amenities awarded in a sum of Rs.10,000/- is enhanced to
Rs.50,000/-.

11. The Tribunal based on bills has rightly awarded
medical expenses and considering that the claimant has
been admitted in hospital for six (06) days rightly awarded
attendant, food, nourishment, conveyance and other
incidental expenses in a sum of Rs.15,000/-.

12. Considering the said injuries, the claimant has
to take rest atleast for two (02) months and one of the
parent has to take his care and therefore entitled to loss of
income during laid up period to the parent in a sum of
Rs.27,300/- (Rs.13,650/- X 02 months).

13. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025


Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 60,000/-
2. Loss of amenities Rs. 50,000/-
3. Medical expenses Rs. 1,37,100/-
4. Loss of income during laid
up period to the parent
Rs. 27,300/-
5. Loss of future income due to
disability
Rs. 1,71,990/-
6. Attendant and conveyance
charges
Rs. 15,000/-
Total Rs. 4,61,390/-


14. The claimant is entitled to total compensation of
Rs.4,61,390/- as against Rs.2,14,400/- awarded by the
Tribunal with interest.

15. Consequently, the claimant is entitled to
enhanced compensation of Rs.2,46,990/- (Rs.4,61,390/- -
Rs.2,14,400/-) with interest at the rate of 6% per annum
from the date of petition till realisation.

16. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.

17. In view of the above, the following:

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

- 8 -
HC-KAR
NC: 2026:KHC:58495
MFA No. 2829 of 2025


CNR: KAHC010257572025


ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.2,46,990/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2/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 with
interest shall be kept in Fixed Deposit in his
name (minor) with any Nationalised/
Scheduled Bank, till he attains majority.

Digitally Signed By:
SHIVASHANKAR BASAPPA

AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE

KLV
List No.: 1 Sl No.: 32