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NC: 2026:KHC:23610

MFA No. 3597 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

MISCELLANEOUS FIRST APPEAL NO.3597 OF 2019(MV-I)

BETWEEN:

CHALUVARAJU R,

S/O RAMA,

AGED ABOUT 11 YEARS,

MINOR REPRESENTED BY

MOTHER/NATURAL GUARDIAN,

MOTHER SMT. NINGARAJAMMA,

W/O RAMA, R/AT NO.148, WARD NO.11,

NIRVANESHWARA NAGARA,

3^RD CROSS, KANAKAPURA TOWN,

RAMANAGARA DISTRICT.

…APPELLANT

(BY SRI. SHRIPAD V SHASTRI ., ADVOCATE)

AND:

Digitally signed

by

SHARADAVANI

B

1. THE UNITED INDIA INSURANCE CO. LTD.,

Location: High

C Kao ru nr at to af ka 1^ST FLOOR, RVR COMPLEX,

OPP. LIC OFFICE,

BEHIND KSRTC BUS STAND,

IJOOR, RAMANAGARA - 562 159,

BY ITS MANAGER.

2. KRISHNA H.B., S/O HANUMANTHAIAH,

NO.517A, BHADRAMMA HOUSE ROAD,

HARI NAGAR, KONANAKUNTE POST,

BENGALURU - 560 062.

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NC: 2026:KHC:23610

MFA No. 3597 of 2019

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3. MAHADEVAIAH,

S/O NEELAPPA, NO.1, DIMBADAHALLI,

HARIHALLI HOBLI, KANAKAPURA TALUK,

RAMANAGARA DISTRICT.

…RESPONDENTS

(BY SRI. K.S.LAKSHMINARASAPPA, ADVOCATE FOR

SRI. A.M.VENKATESH., ADVOCATE)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE

JUDGMENT AND AWARD DATED 29.11.2018 PASSED IN MVC

NO.302/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND

MACT, KANAKAPURA, 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 MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

1. This appeal is filed by the claimant challenging

judgment and award dated 29.11.2018 passed in MVC

No.302/2015 by the Senior Civil Judge and MACT,

Kanakapura (for short 'the Tribunal')

2. Heard Sri Shripad V. Shastri, learned counsel

appearing for the appellant and Sri K. S.

Lakshminarasappa, learned counsel appearing on behalf

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of Sri A. M. Venkatesh, learned counsel for respondent

No. 1.

3. The appellant, who was aged about 7 years, met

with a road accident on 02.05.2014, sustained fracture of

bones and was provided treatment initially at Government

Hospital, Kanakapura and thereafter, at Victoria Hospital,

Bangalore. In order to prove the claim, the mother of the

appellant examined herself as PW1 and also examined Dr.

Ramesh as PW2, got marked Exhibit P1 to Exhibit P13.

4. The Tribunal, considering the oral and documentary

evidence, accepted the evidence of PW2, assessed the

disability at 8% and awarded total compensation

₹1,39,000/-.

5. It is to be noticed that the injured was aged about 7

years at the time of accident and sustained fracture and

injuries as is evident from the oral evidence of PW2,

Exhibit P6- outpatient card, Exhibit P7- discharge

summary and Exhibit P8- wound certificate. The Tribunal

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considering the oral evidence of PW2 has rightly assessed

the disability at 8%. The same is required to be retained.

6. The Hon'ble Supreme Court in the case of Hitesh N.

Patel v. Babubhai N. Rabri and another, 12025 ACJ 1986 held that "the

High Courts and Tribunals in concerning with the cases

involving a child having suffered injury or having passed

away, the calculation of the 'loss of income' necessarily

has to be made on the matrix of minimum wages payable

to the skilled worker in the respective State at the relevant

point of time".

7. Keeping in mind the enunciation of law laid down by

the Hon'ble Supreme Court in the aforesaid decision, this

Court is required to reassess the compensation by

considering notionally the minimum wages of the claimant

at ₹8,500/-, basing reliance on the Notional Income Chart

prepared by NLSA. Having reassessed the income at

₹8,500/-, the compensation is required to be awarded

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HC-KAR

under the head of 'loss of future income due to disability'

and the same would be as: 8,500 x12x18x8%=

1,46,880/-.

8. The appellant minor would be entitled to

compensation under other heads as well, such as pain

and suffe

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