Nithyashree G S Vs Anil Kumar H S

CHOLAMANDALAM M.S GENL., INSURANCE CO., LTD., UNIT-IV, 9^TH FLOOR, LEVEL 0-06 GOLDEN HEIGHTS COMPLEX, 59^TH C CROSS, INDUSTRIAL SUBURB RAJAJINAGAR 4^TH M BLOCK BENGALURU-560 010.

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(HERO HONDA SPLENDOR MOTOR CYCLE BEARING REG. No. KA-44-E-5278)

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POLICY @ 3372/60399542/000/00 VALID FROM 03/04/2023 TO 02/04/2024.

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…RESPONDENTS

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(BY SRI MALLIKRJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 7.7.2025, NOTICE TO R1 I DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.02.2025 PASSED IN MVC No.5338/2023 ON THE FILE OF THE XXII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-24, 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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HC-KAR

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NC: 2026:KHC:50796 MFA No. 4908 of 2025

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CNR: KAHC010428592025

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 03.02.2025 passed in MVC No. 5338/2023 by the XXII Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-24).

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Appellant – claimant made a claim petition

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praying to award compensation for the injuries sustained

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by her in a road traffic accident that occurred on 15.07.2023 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-44-E-5278. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

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Sl. No.	Heads	Amount
1.	Towards pain and sufferings	Rs.1,00,000/-
	already under one and to be
	suffered in future, mental

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4 - NC: 2026:KHC:50796 MFA No. 4908 of 2025

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HC-KAR

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CNR: KAHC010428592025

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	and physical shock, hardship inconvenience on account of permanent disability
2.	Medical expenses	Rs.5,871/-
3.	Discomfort, inconvenience, and loss of earnings to the parents during the period of hospitalization	Rs.50,000/-
4.	Incidental Expenses	Rs.20,000/-
	Total	Rs.1,75,871/-

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The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

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Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

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The accident occurred on 15.07.2023 and as on the date of the accident appellant was aged 8 years. The Tribunal awarded compensation relying upon the judgment of the Hon'ble Apex Court in the case of Master

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NC: 2026:KHC:50796 MFA No. 4908 of 2025

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HC-KAR

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CNR: KAHC010428592025

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Mallikarjuna Vs. Divisional Manager, National

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Insurance Company . Learned counsel for appellant placed reliance on the judgment of the Hon'ble Apex Court in the case of Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari and another, 2025 INSC 1070. As per the said decision of the Hon'ble Apex Court in case of injury to a child, income of the child is to be taken equivalent to the minimum wages of a skilled labour, apply multiplier and to take disability sustained. Learned counsel for appellant placed on record notification dated 13.01.2023 wherein minimum wages for skilled worker of Zone-4 is Rs.14,052.98. The claimant resides in a place which comes under Zone-4. Therefore, income of the claimant is to be taken at Rs.14,053/- per month. Claimant is aged 8 years and therefore, multiplier applicable is `15’.

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P.W.2 is the Doctor who examined the claimant

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and assessed the disability and stated that claimant is having 40% disability to the left lower limb and 13% to

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6 - NC: 2026:KHC:50796 MFA No. 4908 of 2025

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HC-KAR

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CNR: KAHC010428592025

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the whole body. Considering the said evidence of the Doctor, disability to the whole body is to be taken at 13%.

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In view of the above, loss of future income is calculated as under:

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14,053 X 12 X 15 X 13% = Rs.3,28,840/-

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Claimant had sustained fracture of tibia and

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fibula. Considering the said injuries, claimant is entitled to a sum of Rs.50,000/- towards pain and suffering’ and a sum of Rs.40,000/- towards loss of amenities’.

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Considering the injuries sustained, claimant had to take rest at-least for 2 months and one of the parents had to take care of the claimant. Therefore, claimant is entitled loss of income during laid up period to the parent in a sum of Rs.28,000/- (Rs.14,000 X 2 months).

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Claimant had spent a sum of Rs.5,871/towards medical expenses and the same requires to be awarded.

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NC: 2026:KHC:50796 MFA No. 4908 of 2025

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HC-KAR

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CNR: KAHC010428592025

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Claimant was admitted in the hospital for 6

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days and therefore, entitled to attendant, conveyance, food and nourishment charges in a sum of Rs.6,000/(Rs.1,000 X 6 days).

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In view of the above, claimant is entitled to

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total compensation under various heads as under:

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Sl. No.	Heads	Amount
1.	Pain and suffering	Rs.50,000.00
2.	Loss of amenities	Rs.40,000.00
3.	Loss of income during laid-up period of parents	Rs.28,000.00
4.	Loss of future income	Rs.3,28,840.00
5.	Medical expenses	Rs.5,871.00
6.	Attendant, conveyances, food and nourishment charges	Rs.6.000.00
	Total	Rs.4,58,711/-

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Considering the above aspects claimant is entitled to total compensation of Rs.4,58,711/- as against Rs.1,75,871/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.2,82,840/-. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

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NC: 2026:KHC:50796 MFA No. 4908 of 2025

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HC-KAR

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CNR: KAHC010428592025

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In view of the above, the following;

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O R D E R

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a) Appeal is allowed in part.

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b) Appellant - claimant is entitled to enhanced compensation of Rs.2,82,840/- with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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c) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day.

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d) Enhanced compensation shall be kept in Fixed Deposit in the name of appellant - claimant - minor till she attains majority in Karnataka Bank, City Civil Court Branch, Bengaluru.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS

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List No.: 1 Sl No.: 41 Ct.sm

Nithyashree G S v. Anil Kumar H S

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