IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH 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, D GI ig R i I t J a A ll y A . s i B g Y n A e H d A b T y TI AGE: 50 YEARS, OCC: AGRICULTURE, Location: HIGH COURT O DH F A K R A W RN AD AT B A E K N A CH R/O: BOLASHYANATTI, P.O: MANAGUTTI, DHARWAD 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)

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.

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 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., Civil Appeal No.10278 of 2025, 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, 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,