IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 87 OF 2020 (MV-I)

BETWEEN:

1. KUM SINDHU D/O H.B.REVANASIDDAPPA AGED ABOUT 16 YEARS STUDENT SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN FATHER H.B.REVANASIDDAPPA S/O LATE BASAPPA AGED ABOUT 50 YEARS R/O TUMBIGERE VILLAGE DAVANAGERE TALUK AND DISTRICT - 577 001.

Digitally signed …APPELLANT by SREEDHARAN BANGALORE (BY SRI. R SHASHIDHARA, ADVOCATE)

SUSHMA LAKSHMI Location: High Court of Karnataka AND:

1. SATHEESH S S/O SHIVAPPA AGE 34 YEARS OWNER CUM RIDER BIKE BEARING NO.KA-17/EE-1803 R/O THUMBIGERE VILLAGE, DAVANAGERE TALUK AND DISTRICT PIN - 577 001.

2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD, DIVISIONAL OFFICE MELGIRI PLAZA, OPPOSITE DENTAL COLLEGE, MCC B BLOCK DAVNAGERE - 577 001.

…RESPONDENTS (BY MS. KHUSHI, ADVOCATE FOR SRI. RAVISH BENNI, ADVOCATE FOR R2;

VIDE ORDER DATED 15/12/2021 NOTICE TO R1 IS DISPENSED)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.04.2019 PASSED IN MVC NO.34/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND M.A.C.T-IV, DAVANAGERE AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

1. This appeal is filed by the claimant challenging the judgment and award dated 15.04.2019 in MVC No.34/2019 passed by the Principal Senior Civil Judge and MACT-IV at Davangere for seeking enhancement of compensation.

2. The parties are referred to as per their rankings before the Tribunal.

3. The brief facts of the case are that, on 15.03.2018 at about 09.00 p.m., the claimant while proceeding on two wheeler as pillion rider, met with an accident by involvement of the vehicle bearing registration No.KA-17-EE-1803. As a result, she sustained a fracture of neck of the right femur and other injuries. She was aged about 15 years at the time of the accident and studying in 10^th Standard. She underwent surgery. She has suffered permanent disability. With these reasons, she prayed to award compensation of Rs.8,00,000/-.

4. The fact of the accident and injuries sustained by the claimant, her disability and age are not in dispute.

There are no reasons to reconsider the same.

5. The learned counsel for the appellant submits that in the case of Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari & another in Civil Appeal No.10278/2025, the Hon'ble Apex Court held that in the case of permanent disability or death of a minor victim, the compensation shall be calculated by taking the notional income of the victim on the basis of the Minimum Wages Act. He further contends that, in this case, the Tribunal relying on the judgment in the case of Master Mallikarjun v. Divisional Manager, The National Insurance Co. Ltd.¹, assessed the compensation on account of loss AIR 2014 Supreme Court 736 of future earning capacity due to permanent disability as Rs.1,00,000/- without calculating the same in accordance with the above said judgment.

Therefore, he prays to recalculate the same.

6. He further contends that the amount of compensation awarded by the Tribunal is on the lower side. No amount of compensation is awarded towards marriage prospects, pain and suffering etc. Therefore, he prays to recalculate and award a just amount of compensation.

7. The learned counsel for respondent No.2 submits that the amount of compensation calculated is proper. The claimant was a minor and she was not doing any work. She had not examined the doctor who treated her to prove her disability. Therefore, the claimant is not entitled for any enhancement and prays for dismissal of the appeal.

8. Undisputedly, the claimant was a minor, aged about

15 years. According to school records, she was studying in the 10th Standard. In the case of Hitesh Nagjibhai Patel referred supra, the Hon'ble Apex Court has given a guidelines as to how the compensation shall be awarded in case o