- 1 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4340 OF 2021(MV-I) BETWEEN: KUMARI IMPANA E D/O ESHWARAPPA AGED ABOUT 14 YEARS MINOR REPRESENTED BY HER FATHER GUARDIAN SRI ESHWARAPPA S/O SANNNAPPA, 48 YEARS, BOTH ARE RESIDING AT NEAR URDU SCHOOL RAGAVENDRA BADAVANE SORABA TALUK SORABA SHIMOGGA DISTRICT-577 201 Digitally …APPELLANT signed by PANKAJA S (BY SRI. CHANDRASHEKAR RODNAVAR, ADVOCATE) Location: HIGH COURT AND: OF KARNATAKA 1. THE NATIONAL INSURANCE COMPANY LTD., HARSHA COMPLEX BH ROAD, SHIMOGA POLICY NO.39010231156203796852 VALID -17/01/2017 TO 16/01/2018 2. IRFAN BHASHA S/O SHABBIR AHMAD AGED ABOUT 30 YEARS, - 2 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 R/O KULAMERA KERI, JAYANAGAR SHIKARIPURA TALUK SHIMOGA DISTRICT RIDER OF THE HERO HONDA FASHION PRO BEARING NO.KA-15-X-3176 3. SMT FATHIMA W/O MAQBOOR SAB AGED ABOUT 40 YEARS, R/O SOCIETY KERI SHIKARIPURA TALUK, SHIMOGA DISTRICT-577201 OWNER OF THE HERO HONDA FATHION PRO BEARING NO-/X-3176 …RESPONDENTS (BY SRI. LINGARAJ H.S, ADVOCATE FOR R1, VIDE ORDER DATED 19.04.2023, NOTICE TO R2 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2021 PASSED IN MVC

NO. 1048/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT,XIII, SORABA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.81,802/- awarded by the Tribunal, vide judgment and award dated 29.04.2021 in MVC No.1048/2018, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. Amount Particulars No. in (Rs.) 1. Towards medical expenses 32,582 2. Towards transportation charges 4,220 3. Towards pain and sufferings 25,000 Towards attendant charges, 4. food and nourishment and 20,000 other miscellaneous expenses Total 81,802 - 4 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 4 . The Tribunal has erred in not assessing any disability on account of the injuries sustained by the claimant. I have perused the evidence of CW.1-Doctor, the Ex.P7-wound certificate and Ex.C3-disability certificate. The wound certificate discloses that the claimant sustained the following injuries:

i. Fracture of the right middle third of the femur; ii. Abrasion over the knee joint measuring 1 x 1 cm. 5. As per Ex.C3-disability certificate, CW.1-Doctor has assessed permanent disability of 20% to the right lower limb of the claimant. Having regard to the nature of the injuries sustained and the evidence of CW.1-Doctor, I deem it just and appropriate to assess the permanent disability of the claimant at 7%. 6. The Tribunal has not awarded any compensation under the head of ‘loss of future income’ on the ground - 5 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 that the claimant was a minor aged 11 years at the time of the accident. The said finding warrants interference in view of the judgment of the Hon’ble Apex Court in HITESH NAGJIBHAI PATEL VS. BABABHAI NAGJIBHAI RABARI

AND ANOTHER, in CIVIL APPEAL NO.10278/2025, wherein it has been held that loss of income is required to be assessed even in a case involving a child who has suffered injuries or succumbed to the accident. In the instant case, the accident occurred at Kodakani Village, Soraba Taluk, which falls under Zone-III. As per the prevailing minimum wages under the Minimum Wages Act, the wages for skilled labour in Zone-III ranged from Rs.9,880/- to Rs.12,717/- per month. Accordingly, I deem it just and proper to assess the notional income of the claimant at Rs.11,000/- per month. Applying the multiplier of ‘15’ and considering the disability at 7%, the claimant is entitled to a sum of Rs.1,38,600/- (Rs.11,000 x 12 x 15 x 7%) towards ‘loss of future income’. - 6 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 7. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. 8. Considering the nature of injuries suffered by the claimant and the lasting effect of the injuries on the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'loss of amenities'. 9. Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.25,000/- towards 'food, nourishment, transportation charges and attendant charges' as against sum of Rs.24,220/- awarded by the Tribunal.

10. The sum awarded as medical expenses at Rs.32,582/- being based on the documentary evidence, do not call for modification and hence confirmed. - 7 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: As As awarded awarded Sl. Compensation under by the by this No. different Heads Tribunal Court (Rs.) (Rs.) Towards medical 1. 32,582 32,582 expenses Towards food, nourishment, 2. 24,220 25,000 transportation charges and attendant charges Towards pain and 3. 25,000 50,000 sufferings 4. Loss of future income --- 1,38,600 5. Loss of amenities --- 50,000 Total 81,802 2,96,182 12. Thus, the claimant is held entitled to the total compensation of Rs.2,96,182/- as against Rs.81,802/-along with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 13. The Insurance company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 37

- 1 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4340 OF 2021(MV-I) BETWEEN: KUMARI IMPANA E D/O ESHWARAPPA AGED ABOUT 14 YEARS MINOR REPRESENTED BY HER FATHER GUARDIAN SRI ESHWARAPPA S/O SANNNAPPA, 48 YEARS, BOTH ARE RESIDING AT NEAR URDU SCHOOL RAGAVENDRA BADAVANE SORABA TALUK SORABA SHIMOGGA DISTRICT-577 201 Digitally …APPELLANT signed by PANKAJA S (BY SRI. CHANDRASHEKAR RODNAVAR, ADVOCATE) Location: HIGH COURT AND: OF KARNATAKA 1. THE NATIONAL INSURANCE COMPANY LTD., HARSHA COMPLEX BH ROAD, SHIMOGA POLICY NO.39010231156203796852 VALID -17/01/2017 TO 16/01/2018 2. IRFAN BHASHA S/O SHABBIR AHMAD AGED ABOUT 30 YEARS, - 2 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 R/O KULAMERA KERI, JAYANAGAR SHIKARIPURA TALUK SHIMOGA DISTRICT RIDER OF THE HERO HONDA FASHION PRO BEARING NO.KA-15-X-3176 3. SMT FATHIMA W/O MAQBOOR SAB AGED ABOUT 40 YEARS, R/O SOCIETY KERI SHIKARIPURA TALUK, SHIMOGA DISTRICT-577201 OWNER OF THE HERO HONDA FATHION PRO BEARING NO-/X-3176 …RESPONDENTS (BY SRI. LINGARAJ H.S, ADVOCATE FOR R1, VIDE ORDER DATED 19.04.2023, NOTICE TO R2 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2021 PASSED IN MVC

NO. 1048/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT,XIII, SORABA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.81,802/- awarded by the Tribunal, vide judgment and award dated 29.04.2021 in MVC No.1048/2018, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. Amount Particulars No. in (Rs.) 1. Towards medical expenses 32,582 2. Towards transportation charges 4,220 3. Towards pain and sufferings 25,000 Towards attendant charges, 4. food and nourishment and 20,000 other miscellaneous expenses Total 81,802 - 4 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 4 . The Tribunal has erred in not assessing any disability on account of the injuries sustained by the claimant. I have perused the evidence of CW.1-Doctor, the Ex.P7-wound certificate and Ex.C3-disability certificate. The wound certificate discloses that the claimant sustained the following injuries:

i. Fracture of the right middle third of the femur; ii. Abrasion over the knee joint measuring 1 x 1 cm. 5. As per Ex.C3-disability certificate, CW.1-Doctor has assessed permanent disability of 20% to the right lower limb of the claimant. Having regard to the nature of the injuries sustained and the evidence of CW.1-Doctor, I deem it just and appropriate to assess the permanent disability of the claimant at 7%. 6. The Tribunal has not awarded any compensation under the head of ‘loss of future income’ on the ground - 5 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 that the claimant was a minor aged 11 years at the time of the accident. The said finding warrants interference in view of the judgment of the Hon’ble Apex Court in HITESH NAGJIBHAI PATEL VS. BABABHAI NAGJIBHAI RABARI

AND ANOTHER, in CIVIL APPEAL NO.10278/2025, wherein it has been held that loss of income is required to be assessed even in a case involving a child who has suffered injuries or succumbed to the accident. In the instant case, the accident occurred at Kodakani Village, Soraba Taluk, which falls under Zone-III. As per the prevailing minimum wages under the Minimum Wages Act, the wages for skilled labour in Zone-III ranged from Rs.9,880/- to Rs.12,717/- per month. Accordingly, I deem it just and proper to assess the notional income of the claimant at Rs.11,000/- per month. Applying the multiplier of ‘15’ and considering the disability at 7%, the claimant is entitled to a sum of Rs.1,38,600/- (Rs.11,000 x 12 x 15 x 7%) towards ‘loss of future income’. - 6 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 7. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. 8. Considering the nature of injuries suffered by the claimant and the lasting effect of the injuries on the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'loss of amenities'. 9. Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.25,000/- towards 'food, nourishment, transportation charges and attendant charges' as against sum of Rs.24,220/- awarded by the Tribunal.

10. The sum awarded as medical expenses at Rs.32,582/- being based on the documentary evidence, do not call for modification and hence confirmed. - 7 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: As As awarded awarded Sl. Compensation under by the by this No. different Heads Tribunal Court (Rs.) (Rs.) Towards medical 1. 32,582 32,582 expenses Towards food, nourishment, 2. 24,220 25,000 transportation charges and attendant charges Towards pain and 3. 25,000 50,000 sufferings 4. Loss of future income --- 1,38,600 5. Loss of amenities --- 50,000 Total 81,802 2,96,182 12. Thus, the claimant is held entitled to the total compensation of Rs.2,96,182/- as against Rs.81,802/-along with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR NC: 2026:KHC:47824 MFA No. 4340 of 2021 CNR: KAHC010329192021 13. The Insurance company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 37