Karnataka High Court
Kumari. Annapurna, D/O Basavanni ... vs Shri. Ramesh S/O Basappa Beejappgol on 20 November, 2025
-1-
NC: 2025:KHC-D:15963
MFA No. 103495 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 103495 OF 2017 (MV-I)
BETWEEN:
KUMARI ANNAPURNA,
D/O. BASAVANNI PENDARI,
AGE: 9 YEARS, OCC: STUDENT, NOW NILL,
R/O: VANTAMURI COLONY, BELAGAVI,
SINCE MINOR R/BY MOTHER AS GUARDIAN
AND NEXT FRIEND,
SMT. BHARATI W/O. BASAVANNI PENDARI,
AGE: 34 YEARS, OCC: COOLIE,
R/O: VANTAMURI COLONY, BELAGAVI.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
GIRIJA A. 1. SHRI RAMESH
BYAHATTI
S/O. BASAPPA BEEJAPPGOL @ BHUJAPPAGOL,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH COURT
AGE: 50 YEARS, OCC: AGRICULTURE,
OF KARNATAKA
DHARWAD BENCH
DHARWAD R/O: BOLASHYANATTI, P.O: MANAGUTTI,
TAL: HUKKERI, DIST: BELAGAVI-591243.
2. NATIONAL INSURANCE COMPANY LTD.,
DIVISIONAL OFFICE, DIVISIONAL MANAGER,
RAMDEV GALLI, BELAGAVI-590001.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2025:KHC-D:15963
MFA No. 103495 of 2017
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO ENHANCE THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD PASSED BY COURT OF
IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI
IN MVC NO.1657/2014 DATED 07-04-2016, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri.Hanamant R. Latur, learned counsel for the
appellant who appears before this Court physically as
well as Ms.Aruna R. Deshpande, learned counsel for
respondent No.2, who appears through Video
Conference.
2. Challenge in this appeal is to the award that is passed
by the Additional Motor Accident Claims Tribunal,
Belagavi, in MVC No.1657 of 2014 dated 07.04.2016.
This is a claimant's appeal.
NC: 2025:KHC-D:15963
HC-KAR
3. The appellant, who was admittedly aged around six
years, was hit by motorcycle while she was playing
and thereby she sustained fracture of femur left. The
accident occurred in the year 2014. Subjecting the
evidence of PWs.1 and 2, Exhibits P10 to P16 to
scrutiny, Tribunal came to the conclusion that the
appellant is entitled to a sum of Rs.3,23,000/- as
compensation. The version of the appellant is that she
is entitled to a higher sum.
4. Sri. Hanumant R. Latur, learned counsel for the
appellant submits that the Tribunal took the notional
income of the appellant as Rs.15,000/- per year
following II Schedule of the Motor Vehicles Act.
Learned counsel submits that the accident occurred in
the year 2014 and for the relevant period, considering
the minimum wages that is being received by any
workman of lowest cadre, the High Court Legal
Services Committee, Dharwad is taking the notional
NC: 2025:KHC-D:15963
HC-KAR
income as Rs.7,500/- per month and hence the said
figure requires consideration.
5. Ms.Aruna Deshpande, though did not raise any serious
objection in respect of the notional income to be
taken, submits that the disability as assessed by the
Tribunal in relation to the whole body is wrong.
6. Stating that the notional income has to be taken as
fixed under the Minimum Wages Act for settlement of
claims regarding minors in accident cases, learned
counsel for the appellant relies upon the decision of
the Hon'ble Apex Court in Hitesh Nagjibhai Patel Vs.
Bababhai Nagjibhai Rabari & Anr.1, wherein the Court
at paragraph 10 of the judgment held as under:
"10. Adverting to the facts at hand, the appellant
was an 8-year-old child at the time of the accident.
In view of the above exposition of law, we must
advert to the prevailing minimum wages, which for
the skilled ones, as in the year of accident, i.e.,
2012, in Gujarat would be Rs.227.85p. per day,
NC: 2025:KHC-D:15963
HC-KAR
therefore, in the interest of justice, we deem it
appropriate to determine the income of the
appellant as Rs.6,835.5p. per month, rounding off
to Rs.6,836/- per month."
7. Thus, basing on the aforementioned decision and the
submission that is made by learned counsel for the
appellant, this Court considers desirable to take the
notional income of the appellant as Rs.7,500/- per
month. The evidence of PW2 is that the appellant
suffers from 30% permanent physical disability in
respect of left lower limb. Therefore, the disability in
respect of the whole body can safely be taken as 10%.
8. Thus, by taking the notional income as Rs.7,500/- per
month, on applying the multiplier 18 and the disability
in respect of the whole body as 10%, the
compensation which the appellant is entitled to receive
towards 'loss of future earnings' comes to
Rs.1,62,000/- (Rs.7,500 × 12 × 18 × 10%). The
Tribunal granted a sum of Rs.81,000/- only under the
NC: 2025:KHC-D:15963
HC-KAR
said head. Thus the enhancement will be Rs.81,000/-
(Rs.1,62,000 − Rs.81,000).
9. Therefore, the appeal is disposed of with the following
order:
ORDER
i. Appeal is allowed in part.
ii. Compensation that is granted by the Additional
Motor Accident Claims Tribunal, Belagavi through
orders in MVC No.1657 of 2014 dated 07.04.2016 is
enhanced by Rs.81,000/-.
iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
iv. Respondent No.2 is directed to deposit the
enhanced sum within a period of eight weeks from
the date of receipt of certified copy of this
judgment.
NC: 2025:KHC-D:15963
HC-KAR
v. On deposit, appellant is permitted to withdraw the
enhanced sum, however subject to producing
sufficient proof that she has attained the age of
majority.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
gab
CT-MCK
