IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO.101614 OF 2017 (MV)

BETWEEN:

KUMARI. PRATIKSHA D/O MOHAN BHUIMBAR, AGE: 12 YEARS, OCC: NIL, SINCE MINOR REPRESENTED BY HER MINOR GUARDIAN NATURAL FATHER, SHRI MOHAN S/O NARAYAN BHUIMBAR, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: KAKATI-591113, TQ. AND DIST: BELAGAVI.

…APPELLANT (BY SMT. SUNANDA P. PATIL, ADVOCATE)

AND:

Digital ly signed by MOHANKUMAR 1. SHRI. SAMIR S/O MALLAPPA JADHAV B SHE LAR AGE: 36 YEARS, OCC: AGRICULTURE, Location: High Court of R/O: DUNDAGE-416501, Karnataka, TQ: GADHINGLAJ, DIST: KOLHAPUR, Dharwad Bench MAHARASTRA STATE.

(OWNER OF HERO HONDA MOTORCYCLE NO.MH-09/AJ-9220)

2. THE NATIONAL INSURANCE CO. LTD., AJARA BRANCH REPRESENTED BY ITS, DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAM DEV GALLI, BELAGAVI-590001.

(INSURER OF HERO HONDA MOTORCYCLE NO.MH-09/AJ-9220)

…RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;

R1-SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

173(1) OF THE MOTOR VEHICLE ACT 1988, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 23.01.2017 IN MVC NO.2197/2013 PASSED BY THE II ADDITIONAL DISTRICT JUDGE AND MACT III BELAGAVI TO THE EXTENT OF DISALLOWED CLAIM AND ENHANCE THE COMPENSATION TO THE TUNE OF RS.4,00,000/-IN THE INTEREST OF JUSTICE AND EQUITY.

THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 29.01.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

1. This appeal is filed by the minor claimant represented by her natural guardian under Section 173(1) of the Motor Vehicles Act, 1988, calling in question the judgment and award dated 23.01.2017 passed in MVC No.2197/2013 on the file of the II Additional District Judge and MACT-III, Belagavi, seeking enhancement of compensation.

2. The appellant was aged about 8 years at the time of the accident that occurred on 26.01.2011. On that day, while she was returning home after attending the Republic Day function at her school in Basarage village of Gadhinglaj Taluk, she was hit by a Hero Honda motorcycle bearing registration No.MH-09/AJ- 9220, which was ridden in a rash and negligent manner. As a result, she sustained grievous head injuries including brain hemorrhage and fracture of occipital bone. She was initially treated at Gadhinglaj and thereafter shifted to Dr. Santosh Prabhu Hospital, Kolhapur, where she was admitted as an inpatient from 26.01.2011 to 02.02.2011. The nature of injuries is evidenced by Exs.P4, P5, P7, P13, P14 and P15.

3. The claim petition was filed seeking compensation of Rs.4,00,000/-. The Tribunal by judgment dated 23.01.2017 held that the accident occurred due to rash and negligent riding of the offending motorcycle and awarded total compensation of Rs.1,80,000/- with interest at 9% per annum from the date of judgment. Aggrieved by the quantum of compensation, the present appeal is filed.

4. Learned counsel for the appellant submits that the Tribunal has erred in assessing the permanent disability of the minor appellant at only 5–6% despite clear medical evidence at Ex.P12. It is contended that PW-2, a qualified Orthopaedic Surgeon, has assessed permanent disability at 25% to the whole body based on clinical examination and radiological evidence, and the said evidence has remained unchallenged. It is further submitted that the Tribunal has failed to properly apply the law laid down by the Hon’ble Supreme Court in Master Mallikarjun v. Divisional Manager, National Insurance Co. Ltd. reported in 2013 ACJ 2445, which mandates structured compensation for children suffering permanent disability.

Therefore, it is prayed that compensation under the head of permanent disability be enhanced to Rs.3,00,000/- while leaving other heads untouched.

5. Per contra, learned counsel for the respondent-

insurance company submits that the judgment and award pa