Hemanth K @ Hemanth Kumar Vs Reliance General Ins.Co.Ltd.

HEMANTH K @ HEMANTH KUMAR, S/O KUMARA K NOW AGED ABOUT 14 YEASR, R/AT: SHANKA DASANADODDI VILLAGE, ATTIKUPPE POST, MARALAVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 112.

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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APPELLANT SINCE MINOR, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SRI KUMARA K. S/O KEMPAIAH AGED 48 YEARS.

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(BY SRI. GIRIMALLAIAH, ADVOCATE)

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…APPELLANT

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AND:

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RELIANCE GENERAL INS. CO. LTD., BRANCH OFFICE, NO. 20, EAST WING, 5TH FLOOR, CENTINARY BUILDING, M G ROAD, BENGALURU - 560 001. BY ITS MANAGER.

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2 - NC: 2026:KHC:17766 MFA No. 1309 of 2025

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HC-KAR

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SRI MUNIRAJU S, S/O M SAMPANGIRAMAIAH, MAJOR (AGE OF R-2 NOT KNOW TO APPELLANT) R/O KADU JAKKANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALURU RURAL DISRICT, PIN 560 105.

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…RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 VIDE ORDER DATED 01.04.2026, NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.11.2024 PASSED IN MVC NO.4244/2021 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ADDITIONAL CHIEF JUDICIAL MAGISTRATE AND MACT, BENGALURU, (SCCH-2), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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3 - NC: 2026:KHC:17766 MFA No. 1309 of 2025

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 27.11.2024 passed in MVC No.4244/2021, on the file of the VI Additional Judge, Court Of Small Causes And ACJM And MACT, Bengaluru, for enhancing the compensation.

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Heard the arguments of the learned counsel for

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the appellant and learned counsel for respondent No.1Insurance Company.

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The petitioner/injured claimant, aged 10 years, met with an accident on 16.06.2022. His father, as natural guardian, filed a claim petition claiming compensation of Rs.20,00,000/before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.1,28,250/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of

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4 - NC: 2026:KHC:17766 MFA No. 1309 of 2025

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HC-KAR

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realisation. Aggrieved by the said order, he preferred this appeal and mainly contended that he was admitted in the hospital for 44 days. The petitioner examined the doctor as PW2 and the doctor assessed the permanent physical disability at 26% to the right lower limb and 13% disability to the whole body. The Tribunal has granted meagre amounts under other heads and thus, requested for enhancement of compensation.

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Admittedly, Sri. Hemanth K. @ Hemanth Kumar

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was aged 10 years at the time of the accident, which occurred in the year 2022. Therefore, this Court finds it reasonable to take his notional income at Rs.15,500/- per month and the multiplier is to be taken as '15'.

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The petitioner examined the doctor as PW2, an Orthopaedic Surgeon, who stated that the petitioner sustained fracture of both bones of the right leg open, tendo achilles injury and facial injury. He further deposed that the petitioner underwent external fixation with K-wire fixation and tendo achilles repair and was discharged on

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5 - NC: 2026:KHC:17766 MFA No. 1309 of 2025

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HC-KAR

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01.07.2022. The petitioner was readmitted on 12.07.2022 for debridement and skin grafting and he was discharged on 10.08.2022. The petitioner took regular follow-up treatment and external fixation and K-wire were removed. The doctor further deposed that he examined the petitioner on 22.11.2023 and found restriction of joint movement of left ankle, plantardorsiflexion 10 degree normal 0-70 degree, difficulty to squat on floor, climb stairs, walk on slope, sit cross legger, stand on affected limb and infected wound over the right leg. PW2 assessed the permanent physical disability at 26% to the right lower limb and 13% disability to the whole body.

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This Court finds it appropriate to consider onethird of 26% ie., 9% disability to the whole body for the purpose of calculation. Accordingly, the loss of future earning capacity comes to Rs.15,500/- x 12 x 15 x 9% = Rs.2,51,100/-. The Tribunal has granted Rs.3,250/- towards Medical expenses and the said amount is confirmed by this Court. His parents might have taken

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6 - NC: 2026:KHC:17766 MFA No. 1309 of 2025

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HC-KAR

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care of him for a period of three months. Therefore, this

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Court finds it reasonable to grant an amount of Rs.46,500/- towards loss of income during laid up period for the parents. The petitioner is also entitled for Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges.

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Thus in all, compensation awarded by this Court

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is as below:

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Particulars	Amount in Rs.
Pain and suffering	50,000
Medical expenses	3,250
Loss of income during laid up period	46,500
Loss of future earning capacity	2,51,100
Loss of amenities	25,000
Transportation, extra	30,000
nourishment and attendant charges
Total	4,05,850/-

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7 -

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NC: 2026:KHC:17766 MFA No. 1309 of 2025

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HC-KAR

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Hence, the appellant-claimant is entitled for a

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total compensation of Rs.4,05,850/- along with interest at the rate of 6% p.a.

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In the result, the following order is passed:

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ORDER

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i. Appeal is allowed in part.

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ii. The judgment and award dated 27.11.2024 passed in MVC No.4244/2021 on the file of the VI Additional Judge, Court of Small Causes and ACJM and MACT, Bengaluru, is modified.

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iii. The claimant is entitled to a sum of Rs.4,05,850/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,28,250/granted by the Tribunal.

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iv. Respondent No.1/Insurance Company has already deposited the awarded amount

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HC-KAR

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before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.2,77,600/- along with the interest at the rate of 6% within one month from the date of this order.

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v. On such deposit, father of the petitioner is permitted to withdraw the entire amount along with interest accrued on the same.

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Sd/(P SREE SUDHA) JUDGE

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SHS

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List No.: 1 Sl No.: 14

Hemanth K @ Hemanth Kumar v. Reliance General Ins.Co.Ltd.

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Hemanth K @ Hemanth Kumar v. Reliance General Ins.Co.Ltd.

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