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Karnataka High Court
Ambika S vs Ramegowda N S on 7 April, 2026
-1-
NC: 2026:KHC:19020
M.F.A. No.2766/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.2766/2020 (MV-I)
BETWEEN:
AMBIKA .S
D/O SANNAMALLEGOWDA
AGED 18 YEARS
R/AT. VIJAPURA 1ST COLONY
VIJAPURA FOREST
CHIKKA ARKALGUD
Digitally signed ARKALGUD TALUK
by ARSHIFA HASSAN DIST-573 114.
BAHAR KHANAM
Location: HIGH SINCE IN TRIAL COURT PETITIONER
COURT OF WAS MINOR HENCE REP BY HER FATHER
KARNATAKA
SRI. SANNAMALLEGOWDA.
...APPELLANT
(BY SRI. CHETHAN B, ADV.,)
AND:
1. RAMEGOWDA N.S.
S/O DEVARAJEGOWDA
MAJOR
R/O. NARASINAKUPPE VILLAGE
HULLANGALA POST
KASABA HOBLI
ARKALGUD TALUK
HASSAN DIST-573 114.
2. THE MANAGER
RELIANCE GENERAL INSURANCE
-2-
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M.F.A. No.2766/2020
HC-KAR
COMPANY LTD., CENTER NO.19
WALCHAND HEERACHAND MARG
BALLARD ESTATE
MUMBAI-400001.
REP BY THE MANAGER
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
1ST FLOOR, KRUTHIKA ARCADE
NEAR N.R.CIRCLE, H.N.PURA ROAD
HASSAN-573 201
...RESPONDENTS
(BY SRI. H.C. BETSUR, ADV., FOR R2
R1 SERVICE OF NOTICE IS D/W V.C.O.DTD:16.03.2023)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED. 29.09.2018, PASSED IN MVC
NO.2084/2017, 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 VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured appellant
challenging the judgment and award dated 29.09.2018
passed in MVC.No.2084/2017 by the Senior Civil Judge &
Member, MACT, Arkalagud (hereinafter referred to as the
'Tribunal').
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2. Though this appeal is listed for admission, with
the consent of learned counsel for the parties, it is taken
up for final disposal.
3. Sri.Chethan B., learned counsel appearing for
the appellant submits that the Tribunal has committed a
grave error in assessing the income of the injured at
Rs.30,000/- per year and in determining the disability at
5%, which is contrary to the evidence of PW3. It is
submitted that the appellant has undergone treatment as
an inpatient for a period of 5 days. It is further submitted
that the award of compensation by the Tribunal under
other heads is also on the lower side. Hence, he seeks to
enhance the compensation appropriately by allowing the
appeal.
4. Per contra, Sri.H.C.Betsur, learned counsel
appearing for respondent No.2 supports the impugned
judgment and award of the Tribunal and submits that the
appellant sustained a clavicle fracture, which does not
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result in any permanent disability. It is submitted that the
doctor has clearly deposed that the fracture has been
completely united. It is further submitted that taking into
consideration of the difficulties faced by the minor due to
the accident, the Tribunal has awarded just compensation
of Rs.1,33,100/- which does not call for any enhancement.
Hence, seeks to dismiss the appeal.
5. I have heard the arguments on both the sides
and meticulously perused the material available on record.
6. The appellant as well as the respondent are not
in dispute that the appellant met with a road accident on
14.02.2016 and sustained following injuries as per Ex.P5:
"1) Acromic clavicular sublocation right
shoulder.
2) Contusion injury right knee."
7. The appellant was a minor aged about 16 years
and was pursuing her education at the time of the
accident. Considering the same and taking note of the law
laid down by the Hon'ble Supreme Court in the case of
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Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari
and Another1, I am of the considered view that the
compensation is required to be reassessed. In the present
case, the injured appellant was a minor aged about 16
years and the accident occurred in the year 2016.
Accordingly, her income is notionally reassessed at
Rs.9,500/- per month by placing reliance on the notional
income chart prepared by the KSLSA. The Tribunal, taking
note of the oral and documentary evidence on record has
assessed the disability at 5% which is unaltered. Further,
in the aforesaid decision, the Hon'ble Supreme Court has
applied a multiplier of 18, where the deceased was aged
about 8 years. Hence, it would be appropriate to apply a
multiplier of 18 for the purpose of determination of
compensation in the present case as well. Accordingly, the
compensation under the head of loss of future income due
to disability is as under:
9,500 x 12 x 18 x 5% = Rs.1,02,600/-.
2025 INSC 1070
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8. The father of the appellant is entitled to loss of
income during the treatment period of the injured
appellant. The award of compensation by the Tribunal
under the heads of medical expenses and loss of future
marriage prospectus remains unaltered. Having assessed
the income of the appellant, considering the nature of
injuries suffered and the treatment provided to the
appellant, I am of the considered view that the
compensation under the other heads is required to be
reassessed appropriately. The appellant is entitled to the
modified compensation as under:
HEADS AMOUNT
(in Rs.)
Pain & suffering 45,000
Loss of amenities 40,000
Medical expenses 54,100
Loss of income of PW1 during the treatment 19,000
period of minor injured
(9,500 x 2)
Loss of future income due to disability 1,02,600
Towards conveyance, attendant charges, 15,000
food and nourishment
Loss of future marriage prospectus 10,000
Total 2,85,700
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Thus, the appellant-claimant shall be entitled to total
compensation of Rs.2,85,700/- as against Rs.1,33,100/-
awarded by the Tribunal.
9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant-claimant would be entitled to
total compensation of Rs.2,85,700/- as
against Rs.1,33,100/- awarded by the
Tribunal.
c) The compensation amount shall carry
interest at the rate of 6% per annum from
the date of petition till the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
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accrued interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this judgment.
e) On such deposit, the Tribunal shall release
the entire enhanced compensation
amount in favour of the appellant.
f) The Registry is directed to transmit the
records to the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 13
