- 1 - HC-KAR NC: 2025:KHC:35630 MFA No. 4852 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4852/2016 (MV-I) BETWEEN: SMT HUSNA BEGUM, ALIAS KHUSNABHI, W/O NOUSHAD PASHA, AGED ABOUT 27 YEARS, R/AT KRUSHIDA BEGUM COMPOUND, NEAR BILA MASZID, SHAHEENSHA NAGAR, KOLAR CITY-563 101. &APPELLANT (BY SRI. SUGUNA R REDDY., ADVOCATE) AND: 1. THE BRANCH MANAGER, M/S LANCO INFRATECH LIMITED, NO.14, CHELUVANA HALLI VILLAGE, ARABIKOTHANUR POST, KOLAR TQ & DIST. PIN CODE-563 101. 2. THE BRANCH MANAGER, BHARATHI AXA GENERAL INSURANCE LIMITED, PRIDE QUADRA, NO.30, II FLOOR, HEBBAL ROAD, BANGALORE-560 051. &RESPONDENTS (BY SRI. ASHOK N. PATIL., ADVOCATE FOR R2, V/O DATED 01.04.2024 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35630 MFA No. 4852 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.03.2016 PASSED IN MVC NO.466/14 ON THE FILE OF THE MACT AND 1ST ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. The learned MACT and I Additional Senior Civil Judge, Kolar, by an order dated 05.03.2016 passed common judgment and award in MVC Nos.465 of 2014 and 466 of 2014. 3. This appeal is preferred against the award of the Tribunal in MVC No.466 of 2014 by the petitioner-injured claimant for enhancement of the compensation. The petitioner filed claim application claiming compensation of Rs.2,90,000/-. But, the tribunal granted Rs.15,000/- with interest at the rate of 6% per annum from the date of filing the petition till realisation. - 3 - HC-KAR NC: 2025:KHC:35630 MFA No. 4852 of 2016 4. Aggrieved with the said order, this appeal is filed, in which, it is contended that the petitioner was inpatient for one month and outpatient for more than a year. But the Tribunal simply contended that the petitioner sustained simple injuries. The petitioner filed medical bills to an extent of Rs.17,691/-, but the Tribunal erred in granting Rs.4,999/- only taking Exhibits P.12 to P.22, and in all granted global compensation of Rs.15,000/-. Hence, requested for enhancement of compensation. 5. Learned counsel for the appellant-claimant contended that the claimant met with the accident on 01.10.2011 and immediately, she filed an application before the Principal Senior Civil Judge, MACT, Bangalore, in MVC No. 7252/2011. Later, filed an application for transfer to the MACT at Kolar on the ground of jurisdiction on 18.03.2014. The Tribunal granted interest from the date of petition i.e. from 18.03.2014, but not from 03.12.2011. The learned counsel for the respondent contended that, initially, the MVC was filed before the wrong Court and as such, she is not entitled for compensation from the said period. However, this Court feels that filing of an - 4 - HC-KAR NC: 2025:KHC:35630 MFA No. 4852 of 2016 application before wrong forum is not a ground to deny the interest from the date of petition, as it was transferred to Jurisdictional Court, disposed of subsequently. For all purposes, the date of filing the application immediately after the accident can be taken as 03.12.2011 only. Therefore, the claimant is entitled for interest from the date of filing petition on 03.12.2011. 6. As per the discharge summary - Exhibit P10, the claimant sustained the following injuries: i) Multiple Abrasions over face ii) Abrasion and contusion over both hips iii) 5 x 4 cm abrasion over lateral aspects of right foot. 7. The claimant was hospitalized for two days. Therefore, this Court finds it reasonable to grant an amount of Rs.6,000/- for injuries, Rs.5,000/- for pain and suffering, Rs.5,000/- for loss of amenities and Rs.5,000/- for medical expenses. 8. The claimant was aged 26 years, working as police and she might not have attended work at least for a period of one month. As she met with the accident in the year 2011, her income is to be taken as Rs.6,500/- per month and therefore, - 5 - HC-KAR NC: 2025:KHC:35630 MFA No. 4852 of 2016 she is entitled for Rs.6,500/- towards loss of income. This Court also finds it reasonable to grant an amount of Rs.5,000/- for transportation and extra nourishment. 9. Thus, the total compensation comes to Rs.32,500/- with interest at the rate of 6% per annum from 03.12.2011 till the date of deposit as against the amount of Rs.15,000/- awarded by the Tribunal. 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Injuries 6,000/- 2. Pain and suffering 5,000/- 3. Loss of amenities 5,000/- 4. Medical expenses 5,000/- 5.Transportation, extra nourishment and attendant charge 5,000/- 6. Loss of earning during the laid up period 6,500/- Total 32,500/- - 6 - HC-KAR NC: 2025:KHC:35630 MFA No. 4852 of 2016 11. In the result, the following order is passed: (i) Appeal is allowed. (ii) The claimant is entitled for the total compensation of Rs.32,000/- with interest at 6% per annum from 03.12.2011 till the date of deposit. (iii) Respondent No.2-insurance company is directed to deposit the aforesaid compensation amount along with interest from 03.12.2011, within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the amount along with interest accrued thereon. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 62.2