Chaluvaraju R Vs the United India Insurance Co. Ltd.

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1 - NC: 2026:KHC:23610 MFA No. 3597 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3597 OF 2019(MV-I)

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BETWEEN:

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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.

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…APPELLANT

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(BY SRI. SHRIPAD V SHASTRI ., ADVOCATE)

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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AND:

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THE UNITED INDIA INSURANCE CO. LTD., 1^ST FLOOR, RVR COMPLEX, OPP. LIC OFFICE, BEHIND KSRTC BUS STAND, IJOOR, RAMANAGARA - 562 159, BY ITS MANAGER.

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KRISHNA H.B., S/O HANUMANTHAIAH, NO.517A, BHADRAMMA HOUSE ROAD, HARI NAGAR, KONANAKUNTE POST, BENGALURU - 560 062.

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2 -

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NC: 2026:KHC:23610 MFA No. 3597 of 2019

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HC-KAR

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MAHADEVAIAH, S/O NEELAPPA, NO.1, DIMBADAHALLI, HARIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.

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…RESPONDENTS

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(BY SRI. K.S.LAKSHMINARASAPPA, ADVOCATE FOR SRI. A.M.VENKATESH., ADVOCATE)

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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.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the claimant challenging

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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')

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Heard Sri Shripad V. Shastri, learned counsel appearing for the appellant and Sri K. S.

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Lakshminarasappa, learned counsel appearing on behalf

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3 - NC: 2026:KHC:23610 MFA No. 3597 of 2019

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HC-KAR

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of Sri A. M. Venkatesh, learned counsel for respondent No. 1.

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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.

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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/-.

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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 P6outpatient card, Exhibit P7discharge summary and Exhibit P8- wound certificate. The Tribunal

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4 - NC: 2026:KHC:23610 MFA No. 3597 of 2019

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HC-KAR

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considering the oral evidence of PW2 has rightly assessed the disability at 8%. The same is required to be retained.

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

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Patel v. Babubhai N. Rabri and another¹ 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

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point of time".

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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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1 2025 ACJ 1986

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5 - NC: 2026:KHC:23610 MFA No. 3597 of 2019

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HC-KAR

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under the head of 'loss of future income due to disability' and the same would be as: 8,500 x12x18x8%= 1,46,880/-.

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The appellant minor would be entitled to compensation under other heads as well, such as pain and suffering, loss of amenities, loss of income of the parent during the treatment as the minor was inpatient for a period of 36 days in the hospital and underwent surgery and post discharge required follow-up treatment. The compensation under the head of miscellaneous expenses and medical expenses is also required to be considered. Hence, the compensation is reassessed as under:

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Heads	Amount in rupees
Loss of future income due to disability (8,500 x12x18x8%)	1,46,880/-
Medical expenses	19,000/-
Pain and suffering	50,000/-
Loss of amenities	40,000/-
Miscellaneous expenses like food attendant and convenience charges	25,000/-
Future medical expenses	10,000/-
Loss of income of the parents during the treatment (8,500 x3). TOTAL	25,500/- 3,16,380/-

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NC: 2026:KHC:23610 MFA No. 3597 of 2019

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6 -

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HC-KAR

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Thus, the appellants/claimants would be entitled to a total compensation of **3 ,16,380/-** as against 1,39,900/- awarded by the Tribunal. The enhanced

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compensation shall carry the interest at the rate of 6% p.a.

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In the result, this Court proceeds to pass the following:

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ORDER

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(i) The appeal is allowed in part .

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(ii) The impugned judgment and award dated

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29.11.2018 passed by the Tribunal in MVC

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No.302/2015 is modified to an extent that the

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appellant-claimant would be entitled to total

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compensation of **3 ,16,380/-** as against 1,39,900 /- awarded by the Tribunal.

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(iii) The enhanced compensation shall carry

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interest at the rate of 6% p.a. from the date of petition till realization.

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7 - NC: 2026:KHC:23610 MFA No. 3597 of 2019

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HC-KAR

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(iv) Respondent No.1-Insurance Company shall

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deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment.

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(v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered.

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(vi) Registry shall transmit the records to the

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Tribunal forthwith.

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(vii) Draw modified award accordingly.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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tsn* List No.: 1 Sl No.: 7

Chaluvaraju R v. the United India Insurance Co. Ltd.

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Chaluvaraju R v. the United India Insurance Co. Ltd.

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