Karnataka High Court
Kumari Shajid D/O Daval Pallar vs Shri. Prabhugouda S/O Virupaksha ... on 9 April, 2026
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NC: 2026:KHC-D:5331
MFA No. 101150 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO.101150 OF 2021 (MV-I)
BETWEEN:
KUMARI. SHAJID D/O. DAVAL PALLAR,
AGE. 10 YEARS, OCC. STUDENT,
MINOR R/BY HER M/G MOTHER,
SMT. ASHABI W/O. DAVAL PALLAR,
AGE. 37 YEARS, OCC. HOUSEHOLD WORK,
R/O. AWATI GALLI, JAMKHANDI,
DIST. BAGALKOT-587301.
...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
AND:
1. SHRI. PRABHUGOUDA S/O. VIRUPAKSHA
KEERTHIGOUDAR,
AGE. 36 YEARS, OCC. BUSINESS,
AP. MANGALUR, TQ. YALABURGA,
DIST. KOPPAL-583236.
2. THE BRANCH MANAGER,
MOHANKUMAR
B SHELAR UNITED INDIA INSURANCE COMPANY LTD.,
RANI CHANNAMMA NAGAR, VIJAYAPUR ROAD,
JAMKHANDI, DIST. BAGALKOT-587301.
Digitally signed by ...RESPONDENTS
MOHANKUMAR B (BY SRI. R.S. ARANI, ADVOCATE FOR R2;
SHELAR
Date: 2026.04.28
NOTICE TO R1 IS DISPENSED WITH)
14:52:56 +0530
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173 (1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE
RECORDS AND ON EXAMINATION OF THE SAME BE PLEASED TO
ENHANCE THE COMPENSATION AND AWARD COMPENSATION
CLAIMED BY THE APPELLANT BY MODIFYING JUDGMENT AND AWARD
DATED 30.04.2021 PASSED IN MVC NO.459/2018 ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL-VI, JAMKHANDI, IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2026:KHC-D:5331
MFA No. 101150 of 2021
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. The appellant/minor petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 30.04.2021 passed in MVC No.459/2018 by the learned Additional Senior Civil Judge and JMFC-VI, Jamakhandi, has filed this appeal.
2. Brief facts, leading rise to the filing of this appeal are as follows:
On 27.12.2014, the minor petitioner was playing near her house. At that time, a car bearing registration No.KA- 37/A-3220, driven by its driver in a rash and negligent manner, came and dashed against the minor petitioner. As a result, she sustained grievous injuries. The minor petitioner, represented by her next friend, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 -3- NC: 2026:KHC-D:5331 MFA No. 101150 of 2021 HC-KAR (for short, 'MV Act') seeking compensation for the injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petition.
3. A notice was issued to respondent No.1. Despite the service of notice, respondent No.1 remained unrepresented and was placed ex-parte.
4. Respondent No.2-Insurance Company filed a statement of objections denying the averments made in the claim petition and contended that the minor petitioner was playing in the middle of the road and that there was no negligence on the part of the driver of the car. Accordingly, on these grounds, it sought for dismissal of the claim petition.
5. The Tribunal, based on the pleadings of the parties, framed the relevant issues.
6. The mother of the petitioner was examined as PW.1 and 15 documents were marked as Ex.P1 to P15. The Tribunal, after assessing the oral and documentary evidence on record, allowed the claim petition in part with costs vide -4- NC: 2026:KHC-D:5331 MFA No. 101150 of 2021 HC-KAR judgment dated 30.04.2021 and awarded a compensation of Rs.3,30,193/- with interest at the rate of 7.5% per annum from the date of the petition till realization and directed the Insurance Company to deposit the same.
7. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the petitioner has filed this appeal.
8. Heard the arguments of the learned counsel for the appellant/minor petitioner and the learned counsel for the Insurance Company.
9. Learned counsel for the appellant submits that the compensation awarded by the Tribunal is on the lower side, particularly considering that the minor petitioner/appellant has sustained permanent disability. Hence, on this ground, he prays to allow the appeal.
10. Per contra, the learned counsel for the Insurance Company supports the impugned judgment and award and submits that the compensation awarded by the Tribunal is just and proper. Hence, he prays to dismiss the appeal. -5-
NC: 2026:KHC-D:5331 MFA No. 101150 of 2021 HC-KAR
11. Perused the records, and considered the submissions made by the learned counsel for the parties.
12. The point that would arise for consideration is regarding the quantum of compensation.
13. It is an undisputed fact that the minor petitioner met with an accident, and sustained grievous injuries due to the rash and negligent driving of the driver of the offending vehicle. The petitioner has produced a charge sheet, which is marked at Ex.P6. To substantiate the same, the Tribunal was justified in answering issue No.1 in the affirmative holding that the accident had occurred due to rash and negligent driving of offending vehicle. Regarding the quantum of compensation:
14. Although the petitioner was aged about 7 years at the time of the accident, and sustained injuries, she has not examined the doctor to prove the extent of disability. However, the Tribunal, upon considering the medical records and discharge summary, has noted that the -6- NC: 2026:KHC-D:5331 MFA No. 101150 of 2021 HC-KAR petitioner was treated as an inpatient from 28.12.2014 to 23.01.2015 for a period of 27 days and had undergone surgery. The disability has been assessed at 10% to the lower limb by the Tribunal. Accordingly, the Tribunal awarded a compensation of Rs.3,30,193/-.
15. Considering the entire material on record and in view of the dictum laid down in the case of Master Ayush Vs. The Branch Manager, Reliance General Insurance Company Ltd. and Another1, wherein the Hon'ble Apex Court assessed the income of the minor as per the minimum wages prevalent in the State and applied multiplier '18' to the minor, this Court is of the view that the petitioner is entitled to a total compensation of Rs.3,50,000/- inclusive of the compensation awarded by the Tribunal, along with interest at the rate of 7.5% per annum. For the foregoing, the point regarding quantum is answered accordingly.
1 Civil Appeal No.2205-2206 of 2022, disposed of on 29.03.2022 -7- NC: 2026:KHC-D:5331 MFA No. 101150 of 2021 HC-KAR
16. In view of the above discussion, I proceed to pass the following:
ORDER
(i) This Miscellaneous First Appeal is allowed in part.
(ii) The impugned judgment and award
passed by the Tribunal in MVC
No.459/2018 is hereby modified.
(iii) The appellant/petitioner is entitled to total compensation of Rs.3,50,000/-, including the compensation already awarded by Tribunal along with interest at rate of 7.5% percent per annum from the date of the petition till its realisation.
(iv) The Insurance company is directed to deposit the said amount within a period of 8 weeks from the date of receipt of copy of this order.
(v) The Trial Court records be transmitted to the Tribunal forthwith.-8-
NC: 2026:KHC-D:5331 MFA No. 101150 of 2021 HC-KAR
(vi) Draw decree accordingly.
Sd/-
(ASHOK S. KINAGI) JUDGE AC CT: UMD