Karnataka High Court
Naveen vs Manjunath on 31 October, 2025
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NC: 2025:KHC-D:14783
MFA No. 102613 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 31ST DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102613 OF 2015 (MV-D)
BETWEEN:
KUMAR NAVEEN
S/O. SHAMBULINGANAGOUDA
@ SHAMBULINGAPPA BASANAGOUDRA,
AGE: 10 YEARS, OCC: STUDENT,
SINCE MINOR R/BY M/G NATURAL FATHER,
SHAMBULINGANAGOUDA @ SHAMBULINGAPPA
S/O. GADIGEPPAGOUDA BASANAGOUDRA,
AGE: 45 YEARS,
OCC: AGRICULTURIST,
R/O: ALADAKATTI,
TQ: & DIST: HAVERI.
...APPELLANT
GIRIJA A.
BYAHATTI (BY SRI. NAVEEN CHATRAD, ADVOCATE)
Digitally signed by GIRIJA
A. BYAHATTI
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2025.11.05 12:39:15
AND:
+0530
1. MANJUNATH
S/O. VEERANNA MALLAJJI,
AGE: MAJOR, OCC: BUSINESS,
C/O: SUBHASH H. MALLUR,
R/O: HAVANUR,
TQ: & DIST: HAVERI.
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NC: 2025:KHC-D:14783
MFA No. 102613 of 2015
HC-KAR
2. THE AUTHORIZED SIGNATORY,
ROYAL SUNDARAM GENERAL
INSURANCE CO. LTD.,
NEW COTTON MARKET,
HUBBALLI.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS MISC.
FIRST APPEAL AND ENHANCE THE COMPENSATION AS PRAYED
FOR IN CLAIM PETITION BY MODIFYING THE JUDGMENT AND
AWARD 02.05.2012 PASSED BY THE LEARNED ADDITIONAL
SENIOR CIVIL JUDGE AMACT, HAVERI IN M.V.C.NO.249/2011,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14783
MFA No. 102613 of 2015
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Naveen Chatrad, learned counsel for the
appellant who appears before this Court physically. Also
heard Sri.G.N.Raichur, learned counsel for respondent No.2
who appears through video conference.
2. This appeal is the outcome of the award that is
passed by the Additional Motor Accident Claims Tribunal,
Haveri (hereinafter referred to as 'the Tribunal' for brevity)
in M.V.C. No.249/2011 dated 02.05.2012. The appellant
who was admittedly aged around 6 years as on the date of
accident, filed a petition claiming compensation of
Rs.16,00,000/- in total. The Tribunal through the impugned
award granted a sum of Rs.1,49,429/- as compensation.
The version of the appellant is that he is entitled to a higher
sum.
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HC-KAR
3. Sri.Naveen Chatrad, learned counsel for the
appellant submits that the appellant sustained two grievous
injuries in a road traffic accident. Due to the injuries
sustained, he became permanently and completely disabled.
That apart, he took treatment as inpatient for a period of 21
days. During the period of taking treatment as inpatient and
even thereafter, his parents were attending him. But the
Tribunal did not consider the aspect of loss of earnings of
the parents during that period. Learned counsel states that
the compensation granted by the Tribunal towards pain and
suffering, towards attendant charges and towards loss of
amenities is on lower side. Learned counsel ultimately seeks
for enhancement in compensation.
4. Per contra, Sri.G.N.Raichur, learned counsel for
respondent No.2 submits that the appellant failed to
produce any evidence to establish the alleged disability on
his part and the percentage of disability if any. Learned
counsel further states that the Tribunal awarded huge sum
of Rs.1,49,429/- as compensation. But in the light of the
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HC-KAR
submission that is made by the learned counsel for the
appellant, there may be marginal enhancement.
5. By all the evidence produced the appellant
succeeded in establishing that he sustained fracture of right
clavicle and fracture of orbital bone. However the appellant
failed to establish the alleged physical disability. The
Tribunal awarded a sum of Rs.40,000/- towards pain and
suffering, Rs.85,229/- towards medical expenses,
Rs.4,200/- towards attendant charges and Rs.20,000/-
towards loss of amenities. As rightly submitted by learned
counsel for the appellant, during the period of treatment as
inpatient that is for a period of 21 days and thereafter for a
considerable period, the parents of the appellant would
have been attending him day and night. The Tribunal did
not award any compensation toward food and extra
nourishment charges. Also the Tribunal failed to award any
compensation towards the conveyance charges which the
appellant would have incurred during the course of
treatment. Thus, considering these facts this Court is of the
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view that the compensation that is granted by the Tribunal
is required to be enhanced by Rs.40,000/-. Therefore, the
appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Additional Motor Accident Claims Tribunal,
Haveri through orders in M.V.C.
No.249/2011 dated 02.05.2012 is
enhanced by Rs.40,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% per annum from the date
of petition till the date of deposit except
for the period of delay of 1101 days as
per orders in I.A. No.1/2015.
(iv) The order of the Tribunal in respect of pay
and recovery applies to enhanced sum as
well.
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HC-KAR
(v) On such deposit, the appellant is
permitted to withdraw the entire amount
subject to producing sufficient proof that
he attained the age of majority.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH
CT-MCK
