Karnataka High Court
Mahamadibe D/O Mohd. Sharif vs Jagannath And Anr on 3 December, 2025
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NC: 2025:KHC-K:7428
MFA No. 202661 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202661 OF 2019 (MV-I)
BETWEEN:
MAHAMADIBE D/O. MOHD. SHARIF,
AGE: 14 YEARS, MINOR, OCCU: STUDENT,
U/G OF HER NATURAL MOTHER KHIRUNNISA BEGUM,
AGE: 41 YEARS, OCCU: LABOUR,
R/O: WADI, TQ: CHITTAPUR, DIST: KALABURAGI.
NOW AT KHADARI CHOWK, H.NO. 10/20/11,
ALAND ROAD, KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
AND:
Digitally 1. JAGANNATH S/O. ANNARAO GOUNALLI,
signed by AGE: MAJOR, OCCU: OWNER OF PASSION PRO
SUMITRA BEARING REGN. NO. KA.32.Y.9012,
SHERIGAR R/O: E/15/57, WADI, TQ: CHITTAPUR,
Location: DIST: KALABURAGI-585 211.
HIGH
COURT OF 2. THE MANAGER
KARNATAKA ICICI LOMBARD MOTOR INSURANCE COMPANY
LIMITED, V.T. COMPLEX, SBI COURT ROAD,
NEAR TIMMAPURI ROAD, KALABURAGI-585 101.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADV. FOR R2;
V/O DTD 16.12.2020 NOTICE TO R1 DISPENSED WITH)
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NC: 2025:KHC-K:7428
MFA No. 202661 of 2019
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
EXERCISE ITS APPELLATE JURISDICTION, CALL FOR RECORDS
AND MODIFY THE JUDGMENT AND AWARD DATED 05.04.2018
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND MACT AT
CHITTAPUR IN MVC NO. 1032/2015, BY ENHANCING THE
COMPENSATION AMOUNT FROM RS. 8,90,000/- TO RS.
19,25,000/- AND ALSO ENHANCE THE INTEREST PAYABLE BY
THE RESPONDENTS ON THE COMPENSATION AMOUNT, AND
FURTHER BE PLEASED TO ALLOW THIS APPEAL FILED BY THE
APPELLANT HEREIN, IN THE ENDS OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
Heard the arguments of both sides.
2. This appeal is filed by the claimant against the Judgment and award dated 05.04.2018 passed in MVC No. 1032/2015 by the Court of Senior Civil Judge and MACT, Chittapur (for short 'the Tribunal'), seeking enhancement of the compensation.
3. Injured/claimant aged eight years met with an accident on 29.05.2015 and his father as a Natural Guardian filed a claim petition claiming compensation of Rs.19,25,000/-. The Tribunal relied upon the judgment in Master Mallikarjun vs. Divisional Manager, The National Insurance Company -3- NC: 2025:KHC-K:7428 MFA No. 202661 of 2019 HC-KAR Limited and Another reported in AIR 2014 SC 736 granted an amount of Rs.3,00,000/- towards pain and suffering and also granted amounts under the other heads to an extent of Rs.8,90,000/- with interest at the rate of 6% from date of petition till realization.
4. Aggrieved by the said order, he preferred an appeal in which it is contended that, minor-claimant sustained grievous injuries. He was admitted in the hospital on 30.05.2015 and discharged on 29.07.2015 and thus, he was inpatient for a period of 59 days. He further stated that meager compensation was awarded under the other heads and no amount was granted under loss of amenities of life, loss of life expectancy, disfiguration of body and loss of academic year in education. The Doctor assessed the disability to the extent of 52% to the whole body, but the Tribunal has taken the same as 17%. Thus, requested for enhancement of compensation.
5. Heard the arguments from both sides. Respondent counsel submitted that the Tribunal after considering the entire evidence on record awarded just compensation and it needs no interference.
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NC: 2025:KHC-K:7428 MFA No. 202661 of 2019 HC-KAR
6. The accident occurred on 29.05.2015. As per the guidelines issued by the Karnataka Legal Services Authority the income of the claimant is to be taken at Rs.8,000/- per month. The claimant was aged 10 years. Hence, the multiplier is '15'. Learned counsel for the appellant relied upon a citation in the case of Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari and another, [Civil Appeal No.10278/2025]. Hence, this Court finds it reasonable to consider the notional income as per the chart. The claimant examined the Doctor as P.W.2 and he stated that, the claimant had grievous traumatic brain injury due to contusion of lantiform nuclus and corona radiate as found clinically and radiologically and L-upper and lower limbs impairing the normal physical working and unstable gait accounts and facial paralysis on left side and issued Ex.P.9- disablity certificate and assessed the disability as 52%. The tribunal has taken 1/3rd of the 52% i.e. 17.33%. This Court finds no reason to interfere with the said finding.
7. In the disability certificate the Doctor has stated that, there is evidence of left facial paralysis due to which there is deformed look of face; left upper and lower limbs-power is -5- NC: 2025:KHC-K:7428 MFA No. 202661 of 2019 HC-KAR G-III-IV, hyperreflexia and stiffness of joint movements, loss of coordinated movements like combing, washing etc., As per the CT scan of the bain, she had hemorrhagic contusion in right lantgiform nucleus and bilateral corona radiate, largest being 1.2 x 6 cm and surrounding edema; few non hemorrhagic contusions were noted in left corona radiate. Hence, the Doctor has opined that, due to the facial paralysis on left side accounts of disability of 20% to mixed cranial nerve.
8. Learned counsel for the respondent stated that, he is not a treated Doctor, as such, future prospects cannot be added, whereas, learned counsel for the appellant relied upon a Judgment of the Hon'ble Supreme Court in the case of Riyas Vs. P.N.Shinosh and another, [Civil Appeal No.6544/2024], wherein, 40% of the income was added towards future prospects and multiplier applied was '15'. Therefore, this Court finds it reasonable to add 40% towards future prospects. Hence, the loss of future earning capacity is as under:
Rs.8,000/- + 40% = Rs.11,200/-
Rs.11,200/- X 12 X 15 X 17% = Rs.3,42,720/--6-
NC: 2025:KHC-K:7428 MFA No. 202661 of 2019 HC-KAR
9. The tribunal awarded a sum of Rs.3,48,067/- towards medical expenses and it needs no interference. The claimant was hospitalized for a period of 58 days as per Ex.P.7. Therefore, this Court finds it reasonable to grant a sum of Rs.75,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. Since she was a minor girl aged eight years at the time of accident, she had facial disfiguration, this Court finds it reasonable to grant a sum of Rs.3,00,000/- towards loss of future prospects of marriage. Hence, the total compensation is as under:
Sl.No. Heads of compensation Amount
1 Loss of future earning capacity Rs.3,42,720/-
2 Medical expenses Rs.3,48,067/-
3 Pain and sufferings Rs.75,000/-
4 Loss of amenities Rs.25,000/-
5 Transportation, extra nourishment Rs.30,000/-
and attendant charges
6 Future marriage prospects Rs.3,00,000/-
Total Rs.11,20,787/-
10. Learned counsel for the Insurance company submits that, the compensation amount awarded by the tribunal has been deposited by the Insurance company before the tribunal.
11. Accordingly, the following order:
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NC: 2025:KHC-K:7428 MFA No. 202661 of 2019 HC-KAR ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total compensation of Rs.11,20,787/- along with interest at the rate of 6% per annum from the date of petition till the date of realization as against Rs.8,90,000/- awarded by the tribunal;
(iii) The Insurance company is directed to deposit the enhanced compensation of Rs.2,30,787/-
along with interest within one month from the date of this order;
(iv) Since it is stated that, the claimant has become major, she is permitted to withdraw entire amount along with interest accrued on it.
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(P SREE SUDHA) JUDGE THM,SVH List No.: 1 Sl No.: 30 CT:RJ