IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI M.F.A. NO.100618 OF 2015 (MV-I)

BETWEEN:

NATIONAL INSURANCE CO. LTD., THE DIVISIONAL MANAGER, RAMADEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA, II FLOOR, KUSUGAL ROAD, HUBBALLI, REPRESENTED BY ITS DEPUTY MANAGER.

…APPELLANT (BY SRI. SHASHANK S. HEGDE, ADVOCATE)

AND:

1. KUMAR GADIGEPPA S/O. HANAMANT MEGODI, AGED ABOUT 6 YEARS, OCC: STUDENT (NIL), R/O. GORAVANAKOLL, TQ: SAUNDATTI, DIST: BELAGAVI, REPRESENTED BY FATHER AS GUARDIAN AND NEXT FRIEND SRI. HANAMANT S/O. MARUTI MEGODI, AGE: 29 YEARS, OCC: AGRICULTURE, Digitally signed by V N BADIGER R/O. GORAVANAKOLL, TQ: SUANDATTI, DIST: BELAGAVI.

Location: HIGH COURT OF KARNATAKA , DHARWAD 2. SRI. VITHAL HANAMAWWA MALLAVVAGOL, BENCH AGE: MAJOR, OCC: AGRICULTURE, R/O. CHUNCHANUR, TQ: RAMADURG, DIST: BELAGAVI. …RESPONDENTS (BY SRI. HARISH S. MAIGUR, ADV. FOR R1; NOTICE TO R2 IS SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS CONNECTED WITH MVC NO.1140/2014 ON THE FILE OF THE FAST TRACK COURT II AND ADDL. MACT, BELAGAVI, EXAMINE THE SAME AND MODIFIED THE AWARD DATED 05.01.2015 TO REDUCE THE COMPENSATION TO JUST LEVEL IN THE INTEREST OF JUSTICE.

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

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

This is an appeal by the Insurer-National Insurance Company Limited in MVC No.1140/2014 challenging the impugned judgment and award dated 05.01.2015 passed by the Fast Track Court-III and Additional MACT, Belagavi (for short, ‘the tribunal’) praying to modify the award and to reduce the compensation to just level in the interest of justice.

2. It is a case wherein the compensation claimed for the injuries sustained by a minor boy, aged about 4 years at the time of accident, on the ground that he met with a road traffic accident due to actionable negligence on the part of the rider of the motorcycle bearing No.KA-24-Q- 1739. After contest, the learned tribunal allowed the claim petition in part holding that the Claimant is entitled for total compensation of Rs.3,80,000/- together with simple interest at the rate of 9% per annum from 23.06.2014 till its realization excluding the period from 19.11.2014 to 24.12.2014. The learned tribunal held that the Insurer is liable to indemnify the owner of the offending vehicle in paying the compensation amount.

3. The present appeal has been preferred by the Insurer praying for modification of the impugned judgment and award on the ground that the learned tribunal has awarded higher compensation and to reduce the compensation amount to just level. During the course of argument, learned Counsel for Insurer/Appellant submitted that the concerned doctor has assessed the disability of the Claimant at 30% to the lower limb and the learned tribunal neither rejected such evidence nor accepted the same, to grant the compensation under the head of permanent disability. He submitted that learned tribunal has proceeded to award compensation of Rs.2,50,000/- under the head pain and sufferings and permanent disability by relying on the decisions reported in ACJ 2013 2445 (SC) and 2013- ACC-381 (SC) though the facts and circumstances in those cases are different from the present case. He vehemently submitted that learned tribunal has committed grave error in granting Rs.1,00,000/- towards loss of amenities and future unhappiness for a minor boy, which is excessive and arbitrary. He has also submitted that learned tribunal has committed an error by awarding interest at the higher rate.

4. Per contra, learned Counsel for Claimant/Respondent No.1 has drawn the attention of this Court to the evidence of P.W.2, who is an Orthopedic Surgeon and submitted that on account of fracture at right shaft femur, the Claimant is limping on right side due to shortening of limb