IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9405 OF 2025 (MV-I)

BETWEEN:

1. KUM YOGANA R, D/O RAJESH S, AGED ABOUT 4 YEARS, SINCE MINOR REP BY HER NATURAL GUARDIAN AND FATHER SRI.RAJESH S, S/O SADASHIVAIAH, AGED ABOUT 31 YEARS, RESIDING AT SANGABASVADODDI, MAYAGANAHALLI POST, KASABA HOBLI, RAMANAGARA TALUK, RAMANGARA DISTRICT - 562 128.

Digitally …APPELLANT signed by KAVYA R (BY SRI.K. SHANTHA RAJ, ADVOCATE)

Location:

High court of AND:

Karnataka

1. SRI BELLAIAH B, S/O LATE BASAVAIAH, AGED MAJOR, RESIDING AT SRIRAMAHALLI VILLAGE, KASABA HOBLI, HEGGADADEVANAKOTE TALUK, H.D.KOTE, MYSORE DISTRICT - 562 163.

2. THE MANAGER, UNIVERSAL SAMPO GEN.INS.LTD., NO.7, 2ND FLOOR, SHAN COMPLEX, 9TH MAIN, 6TH BLOCK, JAYANAGARA, BENGALURU - 560 041.

…RESPONDENTS (BY V/O/D 07.01.2026 NOTICE TO R1 D/W;

SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 28.06.2025 PASSED IN MVC NO.365/2023 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT RAMANAGARA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 28.06.2025 passed in MVC.No.365/2023, by the Additional Motor Accidents Claims Tribunal and I Additional Senior Civil Judge and JMFC, Ramanagara, seeking enhancement of compensation.

2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. Notice to respondent No.1 is dispensed with.

3. The petitioner/injured, aged 2 years, met with an accident on 15.09.2023, and her father, as a natural guardian, filed a petition before the Tribunal claiming compensation of Rs.25,00,000/-. The Tribunal, after considering the entire evidence on record, granted compensation of Rs.3,35,000/- with interest at the rate of 6% p.a. from the date of filing of the petition till the date of deposit. Being aggrieved by the said judgment and award, the present appeal is filed mainly contending that the petitioner/injured was aged 2 years at the time of the accident and PW.2 has assessed the permanent disability to an extent of 14% to the lower limb. She was a minor and the disability will come in the way of her day-to-day activities. The Apex Court in case of Master Ayush Vs. Baby Kajol and Baby Akshi, held that minimum wages have to be considered for the purpose of calculation of the loss of future earnings and other heads. But the Tribunal has considered only 3% disability and it needs to be modified. She has taken treatment as an inpatient for four days. They spent Rs.2,50,000/-, but the Tribunal granted Rs.1,19,802/-, which is on lower side. The amount granted for pain and suffering is also on the lower side and interest is to be granted at the rate of 12%.

4. The learned counsel of the appellate relied upon citation reported in Civil Appeal No.10278/2025 (Arising out of SLP(C)No.14444/2025) in the case Hitesh Nagjibhai Patel Vs Bababhai Nagjibhai Rabari, in which it was held that minimum wages have to be considered for the purpose of calculation. But the Tribunal relied upon Mallikarjun Vs. Divisional Manager, National Insurance Company Ltd., and others reported in 2013 ACJ 2445 (DB) and considering the disability as 5%, granted an amount of Rs.1,00,000/- for permanent physical disability. It also granted an amount of Rs.1,00,000/- for pain and suffering and other heads and Rs.15,000/- for inconvenience caused to the parents and medical expenses. The doctor-PW.2 is an Orthopaedic Surgeon, stated that petitioner/injured sustained fracture mid shaft right big toe proximal