Karnataka High Court

Kum Priyanka H D vs M Channakeshavegowda on 14 November, 2025

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                                     MFA No. 4129 of 2017



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 14TH DAY OF NOVEMBER, 2025

                         BEFORE
       THE HON'BLE DR. JUSTICE K.MANMADHA RAO

MISCELLANEOUS FIRST APPEAL NO.4129 OF 2017(MV-I)


BETWEEN:

KUM. PRIYANKA H.D.
D/O H.R.DIVAKARA,
AGED ABOUT 14 YEARS,
SINCE MINOR REP. BY HER FATHER
AND NATURAL GUARDIAN,
SRI.H.R.DIVAKARA,
S/O H.N.RAMAIAH,
MAJOR,
R/AT HONNAVALLI VILLAGE,
KASABA HOBLI,
ARKALGUD TALUK,
HASSAN DISTRICT-573 201.
                                             ...APPELLANT
(BY MISS. SHALINI C. ADVOCATE FOR
    SRI. NINGARAJA M N., ADVOCATE)
AND:

1.    M. CHANNAKESHAVEGOWDA
      S/O MARIYAPPAGOWDA,
      AGED ABOUT 42 YEARS,
      R/AT KASABA HOBLI,
      ARKALGUD TALUK,
      HASSAN DISTRICT-573 201.

2.    MANAGER
      NATIONAL INSURANCE COMPANY LIMITED
      SREE MANJUNATHESHWARA COMPLEX,
      NEAR OLD BUS STAND,
      POST BOX NO.112,
                            -2-
                                       MFA No. 4129 of 2017



    HASSAN TOWN
    HASSAN DISTRICT-573 201
                                            ...RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R-2;
V/O DATED:24.04.2025, NOTICE TO R-1 IS D/W)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW
THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED
07.05.2016 PASSED IN MVC NO.316/2015 ON THE FILE OF THE
SENIOR   CIVIL   JUDGE   AND     MOTOR   ACCIDENT   CLAIMS
TRIBUNAL AT ARKALGUD, BY ALLOWING THE CLAIM PETITION
IN ITS ENTIRETY WITH 12% INTEREST IN THE ENDS OF
JUSTICE AND EQUITY.

     THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT    ON    28.10.2025     AND     COMING   ON   FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:

CORAM:   HON'BLE DR. JUSTICE K.MANMADHA RAO


                      CAV JUDGMENT

The present appeal is filed to set aside the Judgment

and Award dated 07.05.2016, passed in M.V.C No.316/215

on the file of the Senior Civil Judge and MACT at Arkalgud

(hereinafter referred to as 'the Tribunal' for short) and

allow this appeal by enhancing the compensation.

The facts leading to the filing of this appeal are as

follows:

2. On 22.08.2014 the appellant was proceeding by

walk near Honnavalli, the rider of the Motor Bike bearing

Reg No Ka-13-S-5707 by riding in a rash and negligent

manner with excessive speed and dashed against the

appellant and hereby she sustained grievous injury to all

over the body. Immediately she was given first aid

treatment at Government Hospital Arkalgud, later

admitted to SSM Hospital, Hassan. Towards the medical

expenses, an amount of Rs.1,20,000/- was spent and she

was adviced bed rest for Two month. During that time,

attendant was engaged to look after her by paying salary

of Rs.8,000/- per month. In addition to that a sum of

Rs.2,000/- was spent for conveyance.

3. On service of notice, the respondents No.1 and

No.2 appeared through their counsels and filed written

statement in which averments made in petition were

denied. It has contended that the rider of the said motor

bike did not have valid and effective driving licence. It is

further contended that, if the Court holds that the first

respondent is liable to pay compensation, the vehicle is

insured with second respondent and there the second

respondent is liable to indemnify respondent No.1. In the

objection statement, filed by respondent No.2, the liability

of the insurance company to compensation is denied. The

averment is denied by the respondent No.2.

4. On the basis of the pleadings of the parties,

the Tribunal framed issues and recorded the evidence. The

father of the claimant was examined as PW-1 and marked

the documents EX.P.1 to 69 and Doctor Gangu Hirala is

examined as P.W.2 and marked the documents as Ex.C.1

to 3. The Tribunal, by the impugned judgment and Award,

inter alia held that the accident took place on account of

rash and negligent driving of offending vehicle (motor

bike) as a result of which the claimant suffered grievous

injuries all over her body. Further, it was also held that

claimant was entitled to a compensation of Rs.1,66,818/-,

with interest 8 % p.a., and directed that the respondents

No.1 and 2 are jointly and severally liable to pay the

compensation amount.

5. The Tribunal has awarded compensation under

different heads as under:

     Sl.              Particulars                   Rs.
     No.

      1.    Medical bills, conveyance,         Rs.46,818.00/-
            attendant    charges   and
            miscellaneous expenses
      2.    Pain and sufferings                Rs. 1,00.000/-

      3.    Discomfort,    inconvenience   Rs. 20,000/-
            loss of earning to the
            parents
                        Total            Rs.1,66,818/-




       6.   It   is   contended     by   the   learned    counsel

appearing for the appellant that as a result of the accident,

she has sustained grievous injury to all over the body and

immediately she was treated as an inpatient and was

advised to bed rest for Two months. During this time, she

suffered severe physical pain and sustained fracture. The

appellant contends that the Tribunal failed to appreciate

the extent of her suffering and ought to have awarded

higher compensation under this head. It is further

submitted that the appellant incurred expenses

Rs.36,818/- towards the Doctor, bed charges, service

charges, O.T charges, medicines and attendant charges.

However, the Tribunal awarded only Rs.46,818/- towards

medical expenses, Rs.20,000/- towards loss of earning to

the parents, and Rs.1,00,000/- for pain and suffering,

which are highly inadequate.

7. The appellant, therefore, prays for

enhancement of compensation under these heads

commensurate with actual expenditure and suffering

sustained.

8. It is further contended that prior to the

accident, the appellant was hale and health. However, due

to the said accident, she has suffered permanent

disability. The appellant has been treated considerable

period on 22.08.2014 two surgeries were made and rod

and screws were fixed. She was treated as inpatient from

22.08.2014 to 26.08.2014 for four to five month the

appellant was suffering from pain. The appellant has

suffered 28% permanent disability to her left leg. The

Tribunal has erred in awarding only Rs.46,818/- towards

attendant charges without any compensation towards loss

of amenities and enjoyment of life, towards future earning

capacity and towards food and nourishment and

conveyance.

9. The appellant therefore prays for enhancement

of compensation under the heads of loss of amenities and

enjoyment of life, future earning capacity and food and

nourishment and conveyance.

10. In support of his contentions, learned counsel

appearing for the appellant has placed reliance on the

judgment of the judgment of the Apex Court in case of

Mallikarjun v Divisional Manager, National Insurance

Company Limited and Another (Civil Appeal No.7139

of 2013 dated 26.08.2013), the Apex Court laid down a

broad guideline for just compensation in cases involving

non-earning person or minors who suffer permanent

disability as observed under:

"A child cannot be equated to such a non-earning person. Therefore, the compensation is to be worked out under the non-pecuniary heads in addition to the actual amounts incurred for treatment done and or to be done, transportation, assistance of attendant, etc., The main elements of damage in the case of child victims are the pain, shock, frustration, deprivation of ordinary pleasures and enjoyment associated with healthy and mobile limbs. The compensation awarded should enable the child to acquire something or to develop a lifestyle which will offset to some extent the inconvenience or discomfort arising out of the disability. Appropriate compensation for disability should take care of all the non-pecuniary damages. In other words, apart from this head, there shall only be the claim for the actual expenditure for treatment, attendant and transportation...............

Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a Motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that

the appropriate compensation on all other heads in addition to the actual expenditure for treatment attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs. 3 lakh, upto 60% Rs.4 lakh, upto 90% Rs.5 lakh and above 90%, it should be Rs.6 lakh. For permanent disability upto 10%, it should be Rs 1 lakh".

11. Hence, the Apex Court held that in cases of

individual suffering permanent disability in motor vehicle

accidents, a just and reasonable compensation is to be

awarded based on the percentage of disability, irrespective

of proof of income or loss of future earnings.

12. Heard learned counsel appearing for the

appellant as well as respondents No.1 and 2.

13. In view of the law laid by the Apex Court in

Mallikarjun's case (supra) it is observed that the

appellant herein, girl with no proven income, has suffered

28% permanent disability to her left leg. Therefore, the

claimant is entitled to a sum of Rs.3,00,000/- under the

head loss of amenities and enjoyment of life, future

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earning capacity and food and nourishment and

conveyance. Compensation awarded under the other

heads remains undisturbed in terms of the award of the

Tribunal. Thus, the claimant is entitled to compensation as

under:

Sl.

                   Particulars                           Rs.
    No.

     1     Loss of amenities in life on              Rs. 3,00,000/-
           account of permanent
           disability, earning capacity
           and discomfort

     2     Future medical expenses                      Rs. 25,000/-

     3     Medical        expenses,                     Rs. 46,818/-
           conveyance, and other
           heads
                    Total                          Rs. 3,71,818/-