IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7714 OF 2022 (MV-D)

BETWEEN:

1. MRS. JAREENA W/O MR IMTHIYAZ AHAMED AGED ABOUT 39 YEARS

2. MR IMTHIYAZ AHAMED S/O LATE BABA SAB AGED ABOUT 47 YEARS BOTH ARE RESIDING AT MASHA ALLA, 9^TH CROSS SARAKARIGUDDE SHANKARAPURA, MOODABETTU KAPU TALUK-574 106.

…APPELLANTS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE)

AND:

Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH CO URT OF KARNATAKA 1. MR. ABDUL NASEER S/O MR. N. ABBAS AGED ABOUT 45 YEARS PAKIRANAKATTE, MALLAR KAPU TALUK - 574 106.

2. RELIANCE GENERAL INSURANCE CO. LTD., REPRESENTED BY BRANCH MANAGER, MAXIMUS COMMERCIAL COMPLEX, 4^TH FLOOR, LIGHT HOUSE HILL ROAD, HAMAPANAKATTA, MANGALURU -575 001.

…RESPONDENTS (BY SRI.MALLIKARJUN REDDY, ADVOCATE FOR SRI.B.PRADEEP, ADVOCATE FOR R2, R1 SERVED AND UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.11.2021 PASSED IN MVC NO.369/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimants being aggrieved by the judgment and award dated 17^th November 2021, passed by the Addl.Senior Civil Judge and Addl.M.A.C.T., Udupi, (for short `Tribunal'), in MVC No.369/2019, seeking for enhancement of compensation.

2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

3. The brief facts of the case are that, on

10.11.2018, at about 12.00 noon, deceased Affiya Banu was playing in front of her house along with other children. The driver of a lorry bearing registration No.KA.21/8109 negligently parked the lorry opposite to the house of deceased. The said lorry started moving and it ran over the said child, as a result of which, she sustained grievous injuries. Immediately, her parents took her to the hospital at Udupi and it was informed that the said child was brought dead. The child was aged 6 years and was studying in L.KG, she was hale and healthy. With these reasons, they prayed to award compensation of Rs.10 lakhs.

4. Respondent No.1 is the owner and respondent No.2 is the insurer of the offending lorry. Both of them appeared before the Tribunal, but they did not file their written statement.

5. The claimants to prove their case examined claimant No.1 as PW-1 and marked 7 documents, as per Exs.P-1 to P-7. Respondents have examined one witness as RW-1 and marked Exs.R-1 and R-2.

6. The Tribunal after hearing both parties and appreciating the evidence on record, awarded compensation of Rs.3,00,000/- with interest at the rate of 6% p.a. Being dissatisfied by the amount of compensation awarded, the parents of the deceased filed the present appeal seeking enhancement of the compensation.

7. Heard the arguments of the learned counsel appearing for the claimants as well as learned counsel for respondent No.2.

8. The learned counsel for the appellants contended that in a recent judgment of Hon'ble Apex Court, in Civil Appeal No.3595/2024, in the case of Thangavel and others -vs- The Managing Director, Tamil Nadu State Transport Corporation Limited, which refers to death of minor child, income of the deceased was taken as Rs.30,000/- p.a., and calculated the multiplier on the basis of age of younger parent and awarded in all the compensation of Rs.8,70,000/-. The said principle of law is applicable to the facts of the present case. Therefore, prayed to enhance the compensation as ordered in the above said Thangavel's case (supra).

9. Learned counsel for the respondent-insurer contended that the amount of compensation awarded in the above said judgment is not applicable to the facts of the present case. He submi