Ranganatha N v. Himansh Rusia

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO.4151/2026 (MV-I)

BETWEEN:

¶1RANGANATHA .N S/O LATE NAGESH .N NOW AGED ABOUT 14 YEARS R/AT. NO.105, MILK ROAD DODDAMARALI, CHIKKABALLAPURA KARNATAKA-562 103 THE APPELLANT IS SINCE MINOR REP BY HIS MOTHER AS NATURAL GUARDIAN. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADV.,)

AND:

¶1HIMANSH RUSIA S/O PRADEEP KUMAR RUSIA AGED MAJOR R/AT. NO.2232, E BLOCK PRANAVA GITAAR APT., KADUBEESANAHALLI BELLANDUR, BENGALURU-560103.

¶2TATA AIG GENERAL INS CO., LTD., REP. BY ITS MANAGER JP AND JAMBUKESWARA ARCADE NO.69, MILLERS ROAD BANGALORE-560 046 …RESPONDENTS (BY SRI. B. PRADEEP, ADV., FOR R2 V/O/DTD:19.06.2026, NOTICE TO R1 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER MACT AT BANGALORE (SCCH-25), IN MVC NO.3544/2024 DATED 20.11.2025 AND TO ENHANCE THE COMPENSATION FROM RS.10,22,553/- TO RS.20,00,000/- BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

¶1This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 20.11.2025 passed in MVC No. 3544/2024 by the XXIII Small Causes Judge and MACT, Bengaluru (SCCH-25).

¶2Even though the appeal is listed for `Admission' today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal.

¶3Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

17.04.2024 due to the rash and negligent driving by the driver of car bearing registration No. KA-01-NA-8423. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Medical expenses Rs.4,20,053.00 Loss of income during treatment Rs.5,500.00 Attendant, food and nourishment charges Rs.11,000.00 Pain and suffering Rs.1,00,000.00 Loss of future earning on account of disability Rs.4,86,000.00

Total Rs.10,22,553.00

¶4The 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.

¶5Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer.

¶6The accident occurred on 17.04.2024 and as on the date of accident the claimant - injured was aged 12 years. Notional income fixed for the year 2024 by the Karnataka State Legal Services Authority is Rs.17,000/- and the same is to be taken as against Rs.15,000/- taken by the Tribunal.

¶7Claimant had sustained the following injuries: "Right femur shaft fracture Nasal bone fracture with Dento Aoveolar fracture of Anterior Maxilla Underwent surgery in the form of closed reduction splinting of Nasal bone fracture and bridge wiring of Dento Alveolar fracture"

¶8Considering the said injuries sustained by the claimant, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.1,00,000/- is enhanced to Rs.1,20,000/-. The Tribunal has not awarded compensation towards loss of amenities. Considering the injuries sustained, claimant is entitled to loss of amenities in a sum of Rs.80,000/-.

¶9Claimant was aged 12 years as on the date of accident. Considering the fractures 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 to loss of income during laid up period for the parent in a sum of Rs.34,000/- (Rs.17,000 X 2 months) as against Rs.5,500/- awarded by the Tribunal.

¶10The Tribunal has rightly awarded attendant charges in a sum of Rs.11,000/- since claimant was admitted in the hospital for 11 days.

¶11The Tribunal has rightly awarded medical expenses in a sum of Rs.4,20,053/- based on the bills.

¶12P.W.4 – Doctor has stated that the claimant has to undergo surgery for removal of implant and therefore, he is entitled to future medical expenses in a sum of Rs.30,000/-.

¶13P.W.3 is the Doctor who has examined the claimant, assessed the disability and stated that claimant is having 26% disability to the right lower limb and 1/3rd to the whole body. In case of disability to the lower limb, 1/3rd of the same is to be taken as disability to the whole body. Therefore, disability to the whole body is 8.66% (1/3rd of 26%).

¶14P.W.5 is the Doctor and he is a Dentist. He has assessed the disability of the claimant and stated that claimant is having 20% disability to the whole body. There is missing of tooth of claimant. Considering the evidence

of P.W.5, disability is to be taken at 10%. Therefore, total disability is 18.66% (8.66% + 10%).

¶15Since the claimant was aged 12 years as on the date of accident, multiplier applicable is `15'.

¶16In view of the above, loss of future income due to disability is calculated as under: 17,000 X 12 X 15 X 18.66% = Rs.5,70,996/-

¶17In view of the above, claimant is entitled to total compensation under various heads as under:

Pain and suffering Rs.1,20,000/-Loss of amenities Rs.80,000/-Medical expenses Rs.4,20,053/-Loss of income during laid up period to the parent Rs.34,000/-Future medical expenses Rs.30,000/-Attendant, conveyance, food etc. Rs.11,000/-Loss of future income due to disability Rs.5,70,996/-

Total Rs.12,66,049/-

¶18Considering the above aspects claimant is entitled to total compensation of Rs.12,66,049/- as against Rs.10,22,553/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.2,43,496/- with interest. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

¶19In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.2,43,496/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. d) Entire enhanced compensation with interest shall be kept in fixed deposit with Karnataka Bank, City Civil

Court Branch, Bengaluru in the name of appellant – claimant (minor) till he attains majority.

(SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 29