- 1 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 2215 OF 2017 (MV-I) BETWEEN: 1. BHAGYAMMA W/O ERAPPA AGED ABOUT 33 YEARS, HOUSE WIFE R/O THIRULAPURA VILLAGE HOLALKERE TALUK-577526 …APPELLANT (BY SRI. SHASHIDHARA R., ADVOCATE) AND: 1. P C MAHALINGAPPA S/O CHIKKANNA, AGE MAJOR R/O CHOWDAGONDANAHALLY VILLAGE, HOLALKERE TALUK-577526 OWNER OF MOTOR CYCLE BEARING NO.KA-16/Q-9933. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD OPPOSITE BAPUJI AUDITORIUM MCC-B BLOCK, DAVANAGERE-01. …RESPONDENTS (BY SMT.GEETHARAJ, ADVOCATE FOR R2, R1- P C MAHALINGAPPA SERVED AND UNREPRESENTED) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.10.2016 PASSED IN MVC NO.173/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant challenging the judgment and award dated 24.10.2016 passed in MVC No.173/2014 by the learned Senior Civil Judge and Motor Accident Claims Tribunal at Holalkere1, seeking for enhancement of quantum of compensation. 2. The Tribunal by its judgment and award allowed the claim petition and awarded a total compensation of Rs.1,05,000/- together with interest at 6% p.a. and directed the respondent No.2 - Insurer to pay the compensation awarded. 3. The findings of the Tribunal on negligence and liability is not under challenge and has attained finality. The 1 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 only question to be adjudicated in the present appeal is adequacy of compensation awarded by the Tribunal. 4. Heard Sri Shashidhara R, learned counsel for the appellant/claimant, and Smt.Geetha Raj, learned counsel for the respondent No.2 - Insurer. 5. It is forthcoming that the claimant sustained open head injury with frontal lobe contusion, temporal EDH and defuse central edema. She was treated as an inpatient from 19.10.2013 to 6.11.2013. It is forthcoming from the discharge summary (Ex.P9) that the claimant was treated conservatively. 6. The claimant was examined as PW1. However, no doctor has been examined. The case sheet (Ex.P10) has been produced to show the treatment taken by the claimant. The total medical expenses is Rs.44,883/-. However, the Tribunal has awarded a sum of Rs.40,000/- towards medical expenses. - 4 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 7. The claimant is stated to be a house wife. She was treated as an inpatient for a total period of 18 days. The wound certificate (Ex.P6) discloses the injuries as bleeding in the ear, nose and other injuries. 8. Keeping in mind the aforementioned, the compensation is re-assessed as follows: 8.1 The compensation awarded towards pain and agony is re-assessed as Rs.50,000/- as against Rs.40,000/- awarded by the Tribunal. 8.2 The medical expenses awarded by the Tribunal as per the medical bills is just and proper. 8.3 The Tribunal has awarded a sum of Rs.5,000/- towards attendant charges. However, having regard to the period of treatment as an inpatient, it is just and proper that the compensation towards loss of attendant charges is re-assessed as Rs.15,000/-. 8.4 The claimant is stated to be a house wife. However, having regard to the date of accident, the notional income of the claimant is assessed as Rs.8,000/- per month, and the period of treatment is assessed as two months. - 5 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 Accordingly, compensation of (Rs.8,000/- x 2) Rs.16,000/- is awarded towards the same. 8.5 The compensation awarded by the Tribunal towards loss of amenities in a sum of Rs.20,000/- is just and proper and is not liable to be interfered with. In view of the aforementioned, the compensation is re- assessed as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1 Pain and suffering 40000.00 50000.00 2 Medical expenses 40000.00 40000.00 3 Attendant charges 5000.00 15000.00 4 Loss of amenities 20000.00 20000.00 5 Loss of income during laid up period 0.00 16000.00 Total 105000.00 141000.00 Accordingly, the Claimant is entitled to enhanced compensation of (Rs.1,41,000/- - Rs.1,05,000/-) Rs.36,000/-. - 6 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 ORDER i) The appeal is allowed in part; ii) The judgment and award dated 24.10.2016 passed in MVC No.173/2014 by the learned Senior Civil Judge and Motor Accident Claims Tribunal, at Holalkere is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation in a sum of Rs.36,000/- together with interest at 6% pa., from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) The enhanced compensation together with accrued interest is liable to be deposited by the Respondent No.2 – insurer within six weeks from date of receipt of a copy of the judgment. - 7 - HC-KAR NC: 2025:KHC:20742 MFA No. 2215 of 2017 v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon is to be disbursed to the claimant. vi) The Registry to draw the modified award accordingly. vii) The Registry to transmit the records forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE BKM List No.: 1 Sl No.: 106