HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5^TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102057 OF 2024 (MV-I)

C/W MFA CROSS OBJ NO. 100106 OF 2024 IN M.F.A.NO.102057/2024 BETWEEN:

THE DIVISIONAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LTD., BALLARI-583101, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.

…APPELLANT (BY SRI. SUBHASH J. BADDI, ADVOCATE)

AND GIRIJA A.

1. MINOR KALPANA D/O. RAVI NAIK, BYAHATTI AGE: 10 YEARS, STUDENT, Digitally signed by GIRIJA A. BYAHATTI Location: HIGH SINCE MINOR R/BY HER FATHER COURT OF KARNATAKA D D H H A A R R W W A A D D BENCH RAVI NAIK S/O. DURGYA NAIK, AGED 39 YEARS, COOLIE, R/O. H.NO.49, BASARAHALLI THANDA, HADAGALI TQ., VIJAYANAGARA DIST.

2. SALIM MALLIK M.N. S/O. MOHAMMED NAJIR, AGED 33 YEARS, DRIVER, R/O. MUBHARAK MOHALLA, MOLKALMURU, HC-KAR CHINTRADURGA DIST-577535.

3. MOHAMMED RAFIFULLA S/O. KHASIM SAB, AGED 48 YEARS, OWNER OF CAR BEARING NO.KA-16-N-1445, R/O. HOSPITAL QUARTERS, MOLAKALMURU, CHITRADURGA DIST-577535.

…RESPONDENTS (BY SRI. SANTOSH B. KANAL, ADVOCATE FOR R1;

NOTICE TO R2 & R3 ARE SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 27-01- 2024 PASSED BY THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, H.B. HALLI, ITINERARY SITTING AT SENIOR CIVIL JUDGE, HUVINAHADAGALI IN MVC NO.987/2021, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

IN M.F.A.CROB NO.100106/2024 BETWEEN:

SRI MINOR KALAPANA D/O. RAVI NAIK, SINCE MINOR R/BY HER FATHER RAVI NAIK S/O. DURGA NAIK, AGE: 39 YEARS, OCC: COOLIE, R/O. H.NO.49, BASARAHALLI THANDA, TQ: HUDAGALI, DIST: VIJAYANAGARA.

…APPELLANT (BY SRI. SANTOSH KANAL, ADVOCATE)

HC-KAR AND

1. SHRI SALIM MALLIK M.N.

S/O. MOHAMMED NAJIR, AGE: 34, OCCN: DRIVER, R/O. MUBHARAK MOHALLA, MOLKALMURU, DIST: CHINTRADURGA.

2. MOHAMMED RAFIFULLA S/O. KHASIM SAB, AGE: 42 YEARS, OCCN: CAR OWNER, R/O. HOSPITAL QUARTERS, MOLAKALMURU, DIST: CHINTRADURGA.

3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., BALLARI.

…RESPONDENTS THIS MFA. CROB IN MFA NO.102057/2024 FILED UNDER ORDER 41 RULE 22 READ WITH RULE 33 OF THE CODE OF CIVIL PROCEDURE 1908 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED BY SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, H.B. HALLI ITINERARY SENIOR CIVIL JUDGE HUVINAHADAGALI IN MVC NO.987/2021 AND SUITABLY MODIFY/ENHANCE THE SAME, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE MFA AND MFA CROB. COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA HC-KAR COMMON ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

Heard Sri Subhash J. Baddi, learned counsel, who represents National Insurance Company Limited (hereinafter be referred to as ‘the Insurance Company’ for the sake of convenience of discussion) as well as Sri Santosh B. Kanal, learned counsel who represents the claimant in both the appeals.

2. These two appeals are the outcome of the award that is passed by the Motor Accident Claims Tribunal-XIII, H.B.Halli (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.987/2021 dated 27.01.2024. While the Insurance Company filed MFA No.102057/2024 taking a plea that the compensation granted is exorbitant, the claimant filed MFA.CROB. No.100106/2024 seeking enhancement in compensation.

3. The undisputed facts of the case are as under:

(i) The claimant was aged around 6 years by the date of accident.

HC-KAR (ii) The claimant was hit by a car which was insured with the Insurance Company as on the date of accident, due to which she sustained fracture of left tibia.

(iii) The claimant took treatment as inpatient at District Hospital, Chitradurga and thereafter at Aarogya Hospital, Huvina Hadagali.

4. Arguing the matter, Sri Subhash J. Baddi, learned counsel representing the insurance company states that t