- 1 - HC-KAR NC: 2025:KHC:24810 MFA No. 2332 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.2332 OF 2024(MV-I) BETWEEN: SMT. M. SUPRITHA, W/O RAGHU, AGED ABOUT 27 YEARS, RESIDENTS OF: ARIYAJJIHALLI VILLAGE, RAGALAHALLI POST, HULIKUNTE HOBLI, SIRA TALUK, NOW RESIDING AT: 7TH CROSS, MARUTHI NAGAR TUMAKURU CITY. …APPELLANT (BY SRI. SATHISHA T., ADVOCATE) AND: 1. SRI. C. GOVARDHAN, S/O. CHANDRAPPA, AGED ABOUT 31 YEARS, R/AT. WARD NO.26, OPP. MASJID, HARISCHANDRA GHAT, HIRIYUR TOWN, CHITRADURGA DISTRICT. 2. THE MANAGER, SRIRAM GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, NO.5, 3RD FLOOR, MONARCH CHAMBERS, OPP. INFANTRY WEDDING HALL, INFANTRY ROAD, BANGALORE - 560 001. …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24810 MFA No. 2332 of 2024 (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2 (VK NOT FILED); V/O. DATED 21.11.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.09.2023 PASSED IN MVC NO.479/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, TUMAKURU, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.479/2022 dated 14.09.2023 by the II Additional District Judge and Additional Motor Accident Claims Tribunal, Tumakuru, the appellant/claimant is before this Court seeking enhancement of compensation. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. The Tribunal has awarded an amount of Rs.10,50,810/-. 2. It is the case of the claimant that on 23.02.2022 at about 10:30 p.m., the claimant along with the family members was proceeding in the car. When they reached near country club gate, Kallambella Hobli, Sira Taluk, the driver of the car - 3 - HC-KAR NC: 2025:KHC:24810 MFA No. 2332 of 2024 drove the same in rash and negligent manner and hit the lorry and caused accident. As a result, she sustained injuries and immediately, she was shifted to the hospital and was treated as inpatient. 3. It is the case that the claimant was eking out her livelihood by doing tailoring work and as per the evidence of the doctor there is fracture to the femur and the disability as per the doctor is 69% to the limb. The Court had taken 23% of disability to the whole body. Considering Rs.15,500/- p.m. as salary, the Court had granted an amount of Rs.7,27,260/- towards permanent physical disability and when it comes to pain and suffering, an amount of Rs.75,000/- was granted and towards loss of amenities an amount of Rs.35,000/- was granted. 4. Learned counsel appearing for the appellant/claimant submits that considering the head injury and femur fracture, the Court has not granted sufficient amount under the head pain and suffering. He submits that the Court ought to have taken the future prospects into consideration as the claimant is a tailor and had sustained femur fracture and disability of 23%, but that aspect was not considered by the - 4 - HC-KAR NC: 2025:KHC:24810 MFA No. 2332 of 2024 Court. He submits that under all heads the compensation that is awarded is not just and reasonable compensation. 5. Learned counsel appearing for the insurance company submits that the Court had granted reasonable compensation and no evidence is adduced regarding the head injury and no interference is called for with well reasoned order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused the order, wherein considering the injuries that are sustained by the claimant i.e., fracture to the femur and also the head injury, this Court is granting an amount of Rs.1,00,000/- under the head of pain and suffering. Coming to the medical expenses, the Court had already granted and no interference is called for. Even under the head of future medical expenses, food, diet and conveyance expenses and also under the head loss of income during laid up period, the Court had granted reasonable amount and no interference is called for. Coming to the loss of future earnings, considering the disability of 23% and the claimant is tailor by profession and femur fracture and disability would have an impact on her future earning, - 5 - HC-KAR NC: 2025:KHC:24810 MFA No. 2332 of 2024 considering the age of claimant i.e., 26, this Court is inclined to grant future prospects @ 40%. The income along with future prospects comes to (Rs.15,500+40%) Rs.21,700/-. under the head of future loss of income, he is entitled for an amount of Rs.10,18,164/- (Rs.21,700X12X17X23/100). Coming to loss of amenities, considering the injuries sustained, this Court is granting an amount of Rs.50,000/-. 7. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 75,000/- 1,00,000/- 2. Medical expenses : Rs. 96,550/- 96,550/- 3. Food, diet and other charges : Rs. 25,000/- 25,000/- 4. Future medical expenses : Rs. 30,000/- 30,000/- 5. Loss of income during laid up period : Rs. 62,000/- 62,000/- 6. Loss of future income in account of permanent disability : Rs. 7,27,260/- 10,18,164/- 7. Loss of amenities : Rs. 35,000/- 50,000/- TOTAL : Rs. 10,50,810/- 13,81,714/- Enhancement : Rs. 3,30,904/- - 6 - HC-KAR NC: 2025:KHC:24810 MFA No. 2332 of 2024 8. Altogether the claimant is entitled for compensation of an amount of Rs.13,81,714/-. 9. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.10,50,810/- to Rs.13,81,714/-. 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.2-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 NS CT:TSM, List No.: 3 Sl No.: 34