- 1 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.3347 OF 2014 (MV-I) BETWEEN: BHAGIAM. A.N. W/O NARAYANA NAYAR, AGED ABOUT 65 YEARS, NO.P1/1, MES QUARTERS, JALAHALLI, BANGALORE - 560 015. …APPELLANT (BY SRI. ANANTHARAM C, ADVOCATE) AND: 1. ICICI LOMBORD GENERAL INSURANCE COMPANY LIMITED, HOSUR ROAD, MADIVALA, BANGALORE - 560 038. 2. VIJAYA B. NAIR, S/O. BHAGIAN .N. NO.2, SURYA APARTMENTS, OFFICERS MODEL COLONY, S.M. ROAD, T. DASARAHALLI, BANGALORE - 560 064. …RESPONDENTS (BY SRI. LAKSHMI NARASAPPA K S, ADVOCATE FOR SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE AWARD DATED 26.9.2013 PASSED IN MVC NO.1799/2012 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE, BANGALORE (SCCH-22) AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT 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 T.M.NADAF ORAL JUDGMENT Though the matter is listed for admission with the consent of both the learned counsel for the parties, the matter is taken up for final disposal. 2. This appeal is by the appellant/claimant seeking enhancement of the compensation dated 26.09.2013 awarded, in MVC.No.1799/2012, on the file of MACT, XX Additional Small Causes Judge, Bangalore (SCCH-22). 3. The parties shall be referred to as per their ranking before the Tribunal for easy reference. 4. The date of accident, involvement of the vehicle, injuries sustained and the liability are not in - 3 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 dispute. The only question that remains for consideration is the quantum of compensation. 5. It is contended that the appellant-injured has suffered grievous injuries apart from suffering simple injuries. Further, it is contended that as per Exhibit-P4, Wound Certificate, the appellant has sustained fracture of head of neck of right humerus and was operated CRIF with K-wiring as per Exhibit-P8, Discharge Summary. The appellant has produced medical bills for a sum of Rs.31,647/-. Though the appellant has examined the Doctor as RW-2, however, the Doctor has stated nothing in respect of the disability suffered by the appellant due to the injuries sustained. Even though there is no document produced by the appellant showing the disability, the learned counsel for the appellant seeks to contend that the Tribunal has not properly considered the injuries, surgery underwent and the medical bills produced. The Tribunal without considering the injuries suffered, surgery underwent and the exhibits produced regarding the - 4 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 medical bills, awarded a paltry compensation sum of Rs.47,575/-, along with interest at 6% per annum and seeks to enhance the compensation under all heads. 6. Refuting the submission, Sri.Lakshmi Narasappa K.S., learned counsel appearing on behalf of Sri.Anup Seetharama Rao for respondent no.1 – insurance company, vehemently submitted that in the absence of the disability certificate and the evidence of Doctor, the Tribunal has rightly considered the case of the appellant and awarded compensation which is just and proper. 7. Having heard the learned counsel for the parties, I have gone through the judgment and perused the trial court record. 8. It is seen from the record produced, that the appellant/claimant has suffered grievous injuries i.e., fracture of head and neck of right humorous bone, which is main bone of the upper limb. She underwent operation for fixation of CRIF with K-wiring as per Exhibit-P8, Discharge Summary. Though the Doctor was examined as - 5 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 PW-2, he has neither stated anything with regard to the disability suffered nor is any document regarding disability produced. Taking note of the fact that the appellant has suffered grievous injuries to the main bone of the upper limb and underwent surgery, the appellant is entitled for appropriate compensation to bring the case within the meaning of just compensation. The compensation awarded by the Tribunal is on the lower side, when compared to the injuries sustained by the appellant and expenses incurred. In view of the same, the compensation determined by the Tribunal requires redetermination. 9. The claimant is a lady aged about 63 years suffered, injury of ‘fracture of head and neck of right humerus bone, which is main bone of the upper limb. Since, the aforesaid injury is grievous in nature, the quantum of compensation awarded by the Tribunal under the head ‘Pain and Sufferings, at Rs.10,000/-, is on lesser side and is enhanced to a sum of Rs.40,000/-. - 6 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 10. The Tribunal has awarded a sum of Rs.31,200/- towards ‘Medical Expenses’. As per medical bills the claimant has spent a sum of Rs.31,647/- which is as per actual medical bills and the same is rounded off to Rs.32,000/-. 11. Admittedly, the appellant-claimant was inpatient for three days and thereafter she was under rest. The Tribunal has awarded a sum of Rs.375/-, towards ‘attendant charges’, which is on lower side and the same is enhanced to a sum of Rs.500/-. Towards ‘food, diet and nourishment’ the Tribunal has awarded a sum of Rs.500/- which is very meager and the same is enhanced to a sum of Rs.5,000/-. Towards ‘conveyance and incidental charges’ the Tribunal has awarded a sum of Rs.500/- which is very meager and the same is enhanced to a sum of Rs.5,000/-. 12. So far as ‘Loss Of Future Amenities’ is concerned, the Tribunal has awarded Rs.5,000/-. The same appears to be on lower side, in view of injuries - 7 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 suffered by the claimant Loss of Future Amenities is enhanced to a sum of Rs.30,000/-. 13. The Tribunal has not awarded any compensation, towards loss of future income. The claimant being a woman, and having suffered grievous injuries, which would affect her future, as such a global compensation in a sum of Rs.25,000/- is awarded towards ‘loss of future income’. 14. The Tribunal has not awarded any compensation towards ‘loss of income during laid up period’. Taking the monthly income of the injured claimant at Rs.7,000/- and laid up period as three months. A sum of Rs.21,000/- (Rs.7,000 x 3 months) is awarded towards loss of income during laid up period. 15. This Court considering the injuries suffered by the appellant and the material placed on record, feels it appropriate to award the following compensation by re- determining the same: - 8 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 Compensation awarded by the Tribunal Compensation awarded by this Court 1. Pain And Suffering : Rs. 10,000/- 40,000/- 2. Attendant Charges : Rs. 375/- 5,000/- 3. Food, Diet & Nourishment : Rs. 500/- 5,000/- 4. Medical Expenses (Rs.31,647/- rounded off to 32,000) : Rs. 31,200/- 32,000/- 5. Conveyance & Incidental charges : Rs. 500/- 5,000/- 6. Loss of Amenities : Rs. 5,000/- 30,000/- 7. Loss of future income global compensation : Rs. 0 25,000/- 8. Loss of income during laid up period (7000 x 3) : Rs. 0 21,000/- TOTAL : Rs. 47,575/- 1,63,000/- 16. The total compensation re-determined by this Court works out to Rs.1,63,000/- as against Rs.47,575/- awarded by the Tribunal. Hence, the appellant – claimant is entitled for an additional compensation of Rs.1,15,425/- (Rs.1,63,000 – 47,575/-) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been - 9 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 awarded by the Tribunal. Respondent No.2 - Insurance Company is directed to deposit the amount of enhanced compensation within Six Weeks from the date of receipt of the certified copy of this judgment. 17. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award passed by the Tribunal dated 26.09.2013, in MVC.No.1799/2012, on the file of MACT, XX Additional Small Causes Judge, Bangalore (SCCH-22) is modified; iii) The appellant – claimant is entitled for an additional compensation of Rs.1,15,425/- (Rs.1,63,000 – 47,575/-) along with interest at 6% per annum from the date of filing of the petition till realization. - 10 - NC: 2025:KHC:15799 MFA No. 3347 of 2014 iv) The enhanced compensation amount shall be deposited by the respondent No.2 - Insurance Company, within Six weeks from the date of receipt of a copy of this order. Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 7