HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO.103914 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.104062 OF 2017 (MV-I)

IN MFA NO.103914/2017:

BETWEEN:

MAST. SHAILESH NAGESH HUNDARE, AGE: 09 YEARS, OCC: STUDENT, R/BY HIS MINOR GUARDIAN, NATURAL MOTHER, SMT. SWETA NAGESH HUNDARE, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O: CROSS NO.3, HINDWADI, R S H A A K R E IH S A H R DsRH LHCKDB i o E A A O i H g A I g cG N R nK U R A i aH teE N C I R t R ad H i S l A H o W T AHby n T O A y R : A S D FKA BELAGAVI-590011. …APPELLANT (BY SRI. HARISH S. MAIGUR, ADVOCATE)

AND:

1. SHRI SRINATH JAYAPAL LAD, AGE: MAJOR, OCC: BUSINESS, R/O: MACCHE, TQ: DIST: BELAGAVI-590014.

2. THE DIVISIONAL MANAGER, HC-KAR NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELAGAVI-590001.

3. SHRI ANIL MASHNU YALLURKAR, AGE: MAJOR, OCC: BUSINESS, R/O: 619, RAJHUNS GALLI, ANGOL, BELAGAVI-590006.

…RESPONDENTS (BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2)

(NOTICE TO R1 & R3-SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN MVC NO.891/2016 ON THE FILE OF THE XI- ADDITIONAL DISTRICT & SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC.

IN MFA NO.104062/2017:

BETWEEN:

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., RAMDEV GALLI, BELAGAVI-590020, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER.

...APPELLANT (BY SRI. RAJESH B. RAJANAL, ADVOCATE)

AND:

1. MASTER SHAILESH NAGESH HUNDARE, AGE: 9 YEARS, OCC: STUDENT, HC-KAR R/BY HIS MINOR GUARDIAN NATURAL MOTHER SMT. SWETA NAGESH HUNDARE, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O. CORSS NO.3, HINDWADI, BELAGAVI-590020.

2. SHRI SRINATH JAYAPAL LAD, AGE: MAJOR, OCC: BUSINESS, R/O. MACCHE, TQ & DIST: BELAGAVI-590013.

(OWNER OF MOTOR CYCLE NO. KA-22/EN-2718).

3. SRI ANIL MASHNU YALLURKAR, AGE: MAJOR, OCC: BUSINESS, R/O. 619, RAJHUNS GALLI, ANGOL, BELAGAVI-590012.

(AS PER R.C. OWNER OF MOTOR CYCLE BEARING NO.KA-22/EN-2718)

...RESPONDENTS (BY SRI. HARISH S. MAIGUR, ADVOCATE FOR R1)

(NOTICE TO R2-HELD SUFFICIENT)

(NOTICE TO R3-SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.09.2017 PASSED IN MVC NO.891/2016 ON THE FILE OF THE XI-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING COMPENSATION OF RS.3,61,500/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS PAYMENT &

ETC.

THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

Both, the injured claimant and the insurer are in appeal against the judgment and award, dated 04.09.2017, passed in M.V.C. No.891/2016 by the XI Additional District & Sessions Judge and Additional Motor Accident Claims Tribunal, Belagavi (for short, ‘the Tribunal’).

2. The appeal in M.F.A. No.103914/2017 is filed by the injured claimant seeking enhancement of the compensation awarded by the Tribunal, whereas the appeal in M.F.A. No.104062/2017 is filed by the insurer contending that since rider of the motorcycle in question was a minor, who had no licence, the insurer is not liable to indemnify the owner of the motorcycle and the owner is liable to pay the compensation. The insurer is also questioning the rate of interest awarded by the Tribunal at the rate of 9% per annum.

3. For the sake of convenience, the parties will be referred to as per their rank before the Tribunal.

HC-KAR

4. Brief facts of the case are that the injured claimant, a minor boy aged nine years represented by his mother, filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’, for