- 1 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4257 OF 2018 (MV-I) BETWEEN: KUM RUKSAR FATHIMA D/O DADAPEER @ G.MOHAMMED DADAPEER, AGED ABOUT 21 YEARS R/O BADAMAKANA, CHITRADURGA 577501 …APPELLANT (BY SRI. A K SREEHARSHA, ADVOCATE) AND: 1. M/S RELIANCE GEN INS CO LTD BY ITS MANAGER, BRANCH OFFICE, MAGANOOR BASAPPA COMPLEX, DAVANAGERE ROAD, CHITRADURGA-577501 2. SRI FAIZULLA S/O T.N.NASARULLA AGED ABOUT 50 YEARS, OWNER OF AUTO RICKSHAW NO.KA-16/A-1030 R/O BHOVI COLONY, BEHIND COMMUNIST OFFICE, DAVANAGERE ROAD, CHITRADURGA-577501 …RESPONDENTS (BY SRI. ASHOKA H, ADVOCATE FOR SRI. PRADEEP B, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DTD 27.05.2022) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07/11/2017, PASSED IN MVC NO.639/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed challenging the judgment and award dated 07.11.2017 passed in MVC No.639/2016 by the Principal Senior Civil Judge and Chief Judicial magistrate, Chitradurga1, wherein the Tribunal has partly allowed the claim petition and awarded a total compensation of `3,15,950/- together with interest at 9% pa. Being aggrieved, the present appeal is filed by the claimant for enhancement of compensation. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the 1 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 present appeal is with regard to the adequacy of the compensation awarded. 3. Heard the submissions of learned counsel Sri A.K.Sreeharsha for the appellant and learned counsel Sri Ashok H for learned counsel Sri Pradeep B for respondent No.1-insurer. 4. It is forthcoming that the claimant was an 18 year old girl as on the date of the accident i.e., as on 6.2.2015. The wound certificate (Ex.P5) and disability certificate (Ex.P7) disclose that the claimant sustained lacerated wound over the front scalp, tenderness over the right head and tenderness in the back. The claimant sustained compression fracture of T11 vertebra, fracture of middle phalanx of 3rd finger and proximal phalanx of 4th finger of the right hand. Doctor - PW.2 has deposed that the injuries sustained by the claimant were treated conservatively. The Tribunal has assessed the disability at 11%, which is just and proper. The Tribunal has assessed the notional income at `9,000/- pm. However, having regard to the date of the accident, the notional income of the claimant is re-assessed as `9,500/- pm. - 4 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 5. In view of the aforementioned, the compensation is re-assessed as follows: 5.1 Having regard to the nature of injuries sustained, it is just and proper that the compensation towards pain and suffering be re-assessed as `60,000/- as against `35,000/- awarded by the Tribunal. 5.2 The compensation of `4,111/- awarded by the Tribunal towards medical expenses is as per the bills, which is just and proper. 5.3 The Tribunal has also awarded compensation of `25,000/- towards loss of academic year, which is not liable to be interfered with. 5.4 Loss of future earning is re-assessed as (`9,500/- x12x18x11%) `2,25,720/- as against ` `2,13,840/- awarded by the Tribunal. 5.5 Having regard to the nature of injuries sustained and the resultant disability, it is just and proper that the compensation towards loss of amenities be re-assessed as `40,000/- as against `20,000/- awarded by the Tribunal. 5.6 The Tribunal has taken the laid up period as 2 months. However, having regard to the fact that the injuries - 5 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 have been treated conservatively, laid up period is taken as 4 months and accordingly, loss of income during laid up period is re-assessed as (`9,500/-x4) `38,000/- as against `18,000/- awarded by the Tribunal. 5.7 The Tribunal has not awarded any amount towards food and nourishment. Hence, it is just and proper to award a sum of `20,000/- towards the same. 5.8 It is noticed that the Tribunal has awarded interest at 9% pa. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re- assessed by this Court. 6. Accordingly, the total compensation under various heads is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1. Towards pain and suffering 35000.00 60000.00 2. Towards medical expenses 4111.00 4111.00 3. Loss of future earning capacity due to disability 213840.00 225720.00 4. Loss of amenities 20000.00 40000.00 5 Loss of income during laid up period 18000.00 38000.00 6 Loss academic year education 25000.00 25000.00 7 Food and nourishment 0.00 20000.00 Total 315951.00 412831.00 - 6 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 7. Hence, the claimant is entitled for enhanced compensation of `96,881/- (`3,15,950/- – `4,12,831/-). 8. In the result, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 07.11.2017 passed in MVC No.639/2016 by the Principal Senior Civil Judge and Chief Judicial magistrate, Chitradurga, is modified to an extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered. iii) The claimant is entitled for enhanced compensation of Rs.96,881/- with interest at the rate of 7% p.a. from the date of petition till its realisation in addition to the compensation awarded by the Tribunal; iv) Respondent No.1 – insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; - 7 - HC-KAR NC: 2025:KHC:21841 MFA No. 4257 of 2018 vi) The Registry to draw the modified award accordingly; vii) Records of the Tribunal be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 44