- 1 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 10038 OF 2018 (MV-I) BETWEEN: SMT. MANGALAMMA W/O MR. LAXMINATHA AGED ABOUT 31 YEARS, R/AT NO.44, TULASINAGAR, G.HOSAHALLI, BANGALORE - 560 091. …APPELLANT (BY SRI. S.B.HOLLI, ADVOCATE FOR, SRI. KESHAVA MURTHY B., ADVOCATE) AND: 1. M/S. ICICI LOMBARD GENERAL INSURANCE CO.LTD., REGIONAL OFFICE, HOSUR MAIN ROAD, MADIVALA, BANGALORE - 560 068. REP. BY ITS MANAGER 2. MR. SELVA G. S/O MR. GANGAIAH, R/AT NO.667, 5TH MAIN, 3RD CROSS, KAMALANAGARA, BANGALORE - 560 079. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA., ADVOCATE FOR R1 R2 - SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.02.2018 PASSED IN MVC NO.2483/2017 ON THE FILE OF THE MEMBER, PRL. MACT AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.2483/2017 dated 02.02.2018 by the Member, Prl. Motor Accident Claims Tribunal & Chief Judge, Court of Small Causes, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. No appeal is preferred by the Insurance Company. 2. The claim petition was filed seeking compensation of an amount of Rs.9,00,000/- for the injuries sustained by the claimant in the road traffic accident that occurred on 09.05.2015. It is the case of the claimant that on 09.05.2015 were traveling in TATA Magic vehicle from Mayasandra to Yediyur to visit Temple and when the said vehicle reached near Bythara Hosahalli Tank Bund, the driver of the said vehicle driven the same in a rash and negligent manner and the vehicle got turtled and fell into the tank. In the accident, the claimant had sustained "swelling and tenderness present over the left forearm, movement restricted" and "linear oblique fracture - 3 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 involving linear 1/3rd of left radius with minimal displacement". The doctor had assessed the total disability at 34% and whole body disability at 11% and in that the Tribunal had taken 8% as the disability. When it comes to the income, according to the claimant, she was doing tailoring work and earning an amount of Rs.10,000/- per month. The Tribunal had taken the income of the claimant at Rs.7,000/- per month and granted compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 30,000/- 2. Medical Expenses, attendance charges, conveyance charges etc. : Rs. 40,000/- 3. Loss of income during treatment (for 3 months @7,000/- per month) : Rs. 21,000/- 4. Loss of income on account of disability : Rs. 1,14,240/- 5. Loss of amenities in life : Rs. 15,000/- 6. Future medical expenses : Rs. 20,000/- TOTAL : Rs. 2,40,240/- 3. Learned counsel appearing for the appellant/claimant submits that the Tribunal had taken the income of the claimant at Rs.7,000/- per month instead of an amount of Rs.9,000/-. It is submitted that the amount that is granted under the different - 4 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 heads is on the lower side. Further, when the doctor had opined that there is disability of 34% to the limb and 11% disability to the whole body, the Tribunal had taken 8% as the disability to the whole body. It is submitted that on all the counts, the compensation that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the Insurance Company submits that the Tribunal had considered all the aspects, the evidence on record and rightly granted the compensation. There are no grounds seeking enhancement of the compensation. 5. Having heard the learned counsels on either side, perused the entire material on record. The accident had happened in the year 2015. Considering the chart prepared by the Legal Services Authority, this Court is taking the income of the claimant at Rs.9,000/- per month. When the doctor had opined that there is 34% disability to the limb and 11% disability to the whole body, the Tribunal ought to have taken 11% as the disability. Hence, this Court is considering the disability at 11%. - 5 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 6. Coming to the compensation, under the head of pain and sufferings, the Tribunal had granted an amount of Rs.30,000/-. Considering the injuries sustained by the claimant, this Court is granting an amount of Rs.40,000/- toward pain and sufferings. Towards medical expenses, attendance charges, conveyance charges etc., the Tribunal had granted an amount of Rs.40,000/- which is reasonable. Towards loss of income during treatment, as this Court is considering the income of the claimant at Rs.9,000/- per month, an amount of Rs.27,000/- (Rs.9,000x3) is granted. Towards loss of income on account of disability, considering the disability at 11% and the multiplier at 17, this Court is granting an amount of Rs.2,01,960/- (Rs.9,000x12x17x11/100). Towards loss of amenities in life, this Court is granting an amount of Rs.20,000/-. The Tribunal had granted reasonable amount of Rs.20,000/- towards future medical expenses. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 30,000/- 40,000/- 2. Medical Expenses, attendance charges, conveyance charges etc. : Rs. 40,000/- 40,000/- 3. Loss of income during treatment : Rs. 21,000/- 27,000/- 4. Loss of income on account of disability : Rs. 1,14,240/- 2,01,960/- 5. Loss of amenities in life : Rs. 15,000/- 20,000/- 6. Future medical expenses : Rs. 20,000/- 20,000/- 7. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,40,240/- 3,58,960/- Enhancement : Rs. 1,18,720/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.3,58,960/-. 10. Accordingly, the appeal of the appellant/claimant is partly allowed enhancing the compensation from an amount of Rs.2,40,240/- to Rs.3,58,960/-. The Insurance Company is liable to pay the compensation. - 7 - NC: 2025:KHC:12085 MFA No. 10038 of 2018 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.1 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 16