- 1 - HC-KAR NC: 2025:KHC:41621 MFA No. 6649 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6649 OF 2015 (MV-I) BETWEEN: LISSIAMMA M C D/O LATE CHERIAN THARAKAN AGED ABOUT 48 YEARS R/AT NO.177, FLAT NO.193 KHB COLONY KENGERI SATELLITE TOWN BENGALURU - 60 …APPELLANT (BY SRI.SHRIPAD V SHASTRI, ADVOCATE) AND: 1. THE MANAGER THE UNITED INDIA INSURANCE COMPANY LIMITED, T.P.HUB KRUSHI BHAVAN BUILDING 6TH FLOOR, HUDSON CIRCLE BENGALURU -01. 2. THE MANAGING DIRECTOR VRL LOGISTICS LIMITED REGD., & ADMN. OFFICE BANGALORE ROAD VARURU, HUBLI DHARWAD DISTRICT-581207 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41621 MFA No. 6649 of 2015 3. THE ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, NO.89, 2ND FLOOR S.R.V.COMPLEX HOSUR MAIN ROAD MADIVALA BANGALORE BY ITS MANAGER 4. NAMAKKAL TRANSPORT CARRIERS PRIVATE LIMITED NTC TOWERS, NO.A-502 5TH FLOOR, PLOT NO.14C SECTOR-19, GROME HOUSE VASHI, MUMBAI-400075 MAHARASHTRA …RESPONDENTS (BY SRI.PHANEENDRA T.B., ADVOCATE FOR SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R3; SRI.S.KRISHNA KISHORE, ADVOCATE FOR R.1; NOTICE TO R.2 AND R.4 IS D/W V/O/D 18.01.2018) THIS MFA IS FILED U/SEC.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2014 PASSED IN MVC NO.6765/2012 ON THE FILE OF THE 23RD ADDITIONAL SMALL CAUSES JUDGE, 21ST ACMM, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:41621 MFA No. 6649 of 2015 ORAL JUDGMENT This appeal is by the appellant - claimant seeking enhancement of the compensation amount from Rs.6,05,509/- to Rs.15,00,000/- awarded by the Motor Accident Claims Tribunal, XXI A.C.M.M & XXIII A.S.C.J., Court of Small Causes (SCCH-25) Bangalore in M.V.C. No.6765/2012 dated 15.11.2014 on the ground of quantum. 2. Heard Sri.Shripad V. Shastri, learned counsel appearing for the appellant and Sri.S.Krishna Kishore, learned counsel for respondent No.1 and Sri.Phaneendra T.B., learned counsel for Sri..A.N.Krishna Swamy, learned counsel appearing for respondent No.3. Notice to respondent No.2 is dispensed with vide order dated 18.01.2018. 3. The date of accident, involvement of vehicle, injury caused and the liability of the Insurance Company to pay the compensation are not in dispute. The only - 4 - HC-KAR NC: 2025:KHC:41621 MFA No. 6649 of 2015 dispute is with regard to inadequate compensation awarded by the Tribunal as contended by the learned counsel appearing for the appellant. 4. In an accident occurred on 29.10.2012, the appellant herein, a middle aged lady, suffered injuries to her right upper limb resulting in functional disability. As per the opinion of the Doctor, 49% disability caused to the particular limb and 17% to the whole body. Though the appellant has produced the SARAL Forms filed before the Income Tax Authorities showing her gross income more than ₹2,00,000, however, the Tribunal has considered the income at the rate of ₹10,000 and awarded compensation considering the disability at 15% instead of 17%. It is the further argument of Sri.Shripad V Shastri, learned counsel for the appellant that the compensation awarded under all the heads are meager requires re-consideration. 5. Refuting the submission of Sri.Shripad V Shasthri, learned counsel, Sri.S.Kirshna Kishore, learned counsel - 5 - HC-KAR NC: 2025:KHC:41621 MFA No. 6649 of 2015 appearing for respondent No.1 and Sri.Phaneendra T.B., learned counsel appearing on behalf of Sri.A.N.Krishna Swamy, learned counsel for respondent No.3 in unison have submitted that the Tribunal considering the entire materials placed before it awarded appropriate compensation more than the amount permissible in law. In these circumstances, there is no room for enhancement of compensation. Accordingly, sought to dismiss the appeal. 6. Having considered the submissions of the learned counsel appearing for the parties and on perusal of the award passed by the Tribunal, no award passed under ‘Loss of Amenities’ and except this head, the award passed under all other heads seems to be just and proper. Having considered the same, the appellant is entitled for another sum of ₹.40,000/- under the head 'Loss of Amenities' along with interest at the rate of 6% p.a., which would meet the ends of justice. - 6 - HC-KAR NC: 2025:KHC:41621 MFA No. 6649 of 2015 7. Both Insurance Companies are directed to deposit the enhanced compensation of ₹.40,000/- along with interest at the rate of 6% p.a. till realization before the concerned Tribunal within a period of six weeks from the date of receipt of certified copy of this order. Upon such deposit, the entire amount of compensation along with interest shall be released in favour of the claimant – appellant on proper identification. With these above observations, the appeal stands disposed off. Sd/- (T.M.NADAF) JUDGE NBM List No.: 1 Sl No.: 4