- 1 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3619 OF 2021 (MV-I) BETWEEN: SUNANDA KORI SHETTAR @ SUNANDA M KORI SHETTAR W/O MRUTYUNJAYA KORI SHETTAR AGED 63 YEARS, BUSINESS, RESIDING AT NO.65 ARJUNA VIHAR, GOKUL ROAD HUBBALLI PRESENTLY RESIDING AT SANGAMESHWARA LAYOUT KELAGOTE, CHITRADURGA - 577 501 …APPELLANT (BY SRI. JAGAN MOHAN M.T, ADVOCATE) AND: 1. PARAMESH T N S/O NENGE GOWDA AGED 50 YEARS R/AT P NO. 269/1 SIDDALINGAPURA NOTU MUDRANA NAGARA BELAVATHA V MYSORE - 570 003 OWNER OF THE EICHER CANTER/ 11.10 AND TRUCK 3 STR BEARING REG NO. KA-01/AF-0539 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE BRANCH OFFICE, B.D.ROAD Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 NEAR CORPORATION BANK CHITRADURGA - 577 501 …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2 [VC]; VIDE ORDER DTD.05.04.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.07.2019 PASSED IN MVC NO. 419/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT The petitioner/appellant has preferred this appeal being aggrieved and dissatisfied by the judgment and award dated 08.07.2019 in MVC.No.419/2018 passed by the learned Prl. Senior Civil Judge and Additional MACT-III, Chitradurga. - 3 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 2. The learned Tribunal passed the common judgment dated 08.07.2019 in MVC.No.419/2018 and MVC.No.420/2018. Both the petitioners/appellants in both petitions preferred separate independent appeals. It is submitted that the claimant in MVC.No.420/2018 had preferred MFA.No.3792/2021 before this Court and the said appeal was disposed of vide judgment dated 31.08.2023 by enhancing the compensation of Rs.55,000/-. Now, the claimant in MVC.No.419/2018 is before this Court seeking enhancement of compensation by preferring this appeal. So far as question of rash and negligent driving of the Eicher vehicle and causing the accident is concerned, the said finding of the Tribunal has attained finality. Respondent No.2-Insurance Company or the owner of the Eicher vehicle have not preferred any appeal. 3. It was the case of the petitioner/appellant before the Tribunal, that on 17.07.2017 at about 11:30 a.m., both petitioners in the aforesaid claim petitions were - 4 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 travelling in a car bearing Reg.No.KA-16-M-4312 for their own work to Bangalore. When the car came on NH-4 road near Kuruvanahally U-Turn, at that time, the driver of the Eicher Canter bearing Reg.No.KA-01-AF-0539 by driving the same from Bangalore side in high speed, in negligent manner without giving any signal, suddenly turned to his right side in the U-turn and dashed to the front portion of the petitioners'/appellants' car, resulting the front portion of the said car was completely damaged and the petitioner sustained grievous injuries and fractures. Immediately, both petitioners' were shifted to hospital and took treatment as inpatient. Due to the accident and injury, the petitioner/appellant has spent money towards medical and other expenses. Further it is stated that in MVC.No.419/2018, prior to the date of accident, the petitioner/appellant was hale and healthy and doing business and earning Rs.20,000/- per month. The petitioner/appellant is unable to do any kind of work and lost her working capacity. Due to the said accident, she - 5 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 became permanently disabled woman. Considering the evidence on record, the learned Tribunal has awarded the compensation as under: SI.No. Heads Amount in Rs. 1. Loss of future earnings 1,29,600-00 2. Medical expenses 2,12,875-00 3. Nourishment and Miscellaneous expenses 30,000-00 4. Pain, Injuries and sufferings 50,000-00 5. Loss of amenities, enjoyment of life and discomforts 1,20,000-00 Total 5,42,475-00 4. It is argued by the learned counsel for the petitioner/appellant that, in the said accident, the petitioner/appellant has suffered the following injuries: 1. Lacerated wound over right thigh 2X1 cms. 2. Lacerated wound over fore head 2X2 cms. 3. Ecymisis of left eye. 4. Tenderness and swelling over left wrist. 5. Tenderness over right hip. 6. Tenderness over right thigh. - 6 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 5. As per the opinion of the doctor, injuries No.1 to 3 are simple in nature and injuries No.4 to 6 are grevious in nature. It is brought on record that, she was admitted to Basaveshwara Medical College Hospital and Research Centre, Chitradurga and took treatment as outpatient also. To that effect, she has produced discharge summary for having taken treatment as inpatient. Even she has also taken treatment in KIMS Hospital, Bengaluru from 17.07.2017 to 03.08.2017 and she was diagnosed as inter trochantric fracture of right femur, compound Type-II fracture shaft of (R) femur and fracture distal end of (L) radius, for which they have done CRIF with recon nail to right femur on 17.07.2017, ORIF with plate and screws to left radius on 29.07.2017. To that effect, she has produced discharge summary at Ex.P.10. 6. According to petition averments, the said accident has taken place when she was aged about 60 years. As rightly submitted by learned counsel for the - 7 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 petitioner/appellant, the petitioner/appellant must have suffered a lot because of the said accidental injuries. Even PW.3-Dr. Venkatashivareddy, come before the Tribunal and stated that there was tenderness on the left wrist, right hip, right thigh, right knee present, movements of right hip and right thigh, right knee, left wrist is restricted and painful. There was weakness in right hip, thigh and left forearm muscles, shortening of right thigh component by 2.5 Cms. Thus, considering all these disabilities suffered by the petitioner/appellant and her age etc., the Tribunal has assessed the partial and permanent physical disability of 46% to right thigh, 16% to left forearm and hand and total to the extent of 62%. The Tribunal has taken 62% as partial and permanent disability. Considering the said aspect, it is submitted that, now the petitioner/appellant has suffered 20% disability to the whole body. 7. The learned Tribunal has considered the income at Rs.6,000/- per month in the absence of any - 8 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 documentary evidence regarding her income. It is on the lower side. In the absence of any proof regarding the income that is to be considered as per the guidelines issued by the Karnataka State Legal Services Authority is 'Rs.11,000/-' in respect of the accident that took place in the year 2017. The learned Tribunal has assessed her disability to the extent of 20% to the whole body. As she was aged 60 years at the time of accident, thereby, the proper multiplier applicable is '9'. Thus, her loss of future income due to disability comes to Rs.11,000 X 12 X 9 X 20/100 = Rs.2,37,600/-. Hence petitioner/appellant is held entitled to compensation under the head loss of future earnings at Rs.2,37,600/-. 8. It is stated that the petitioner/appellant has spent Rs.3,50,000/- to Rs.4,00,000/- towards medical expenses. To that effect, she has produced medical bills at Ex.P7. Considering the said medical bills and on proper calculation, the learned Tribunal has awarded - 9 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 Rs.2,12,875/-. In my considered view, the same requires no interference. 9. The learned Tribunal has awarded Rs.30,000/- towards nourishment and miscellaneous expenses, the same requires no interference as the said assessment is just and proper. 10. The learned Tribunal has awarded Rs.50,000/- towards pain, injuries and sufferings. Based upon gravity of the injuries sustained, the Tribunal has awarded proper compensation under this head. The same is just and proper and no interference is required. 11. The learned Tribunal has awarded Rs.1,20,000/- towards loss of amenities. It is on higher side. Therefore, in view of gravity of the injuries sustained, it is to be reduced to Rs.75,000/-. Hence, she is held entitled for Rs.75,000/- towards loss of amenities. 12. The injuries sustained by the petitioner/appellant must have idled her atleast for a - 10 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 period of 3 months. Therefore, she is entitled for loss of income during laid-up period. As her income is taken at Rs.11,000/- per month, for 3 months, it would be Rs.33,000/-. Accordingly, she is entitled for 'loss of income during treatment period' at Rs.33,000/-. Thus, the petitioner/appellant is entitled for enhanced/modified compensation as under: Sl.No. Heads Amount in Rs. 1. Loss of future earnings 2,37,600-00 2. Medical expenses 2,12,875-00 3. Food, Nourishment and Miscellaneous expenses 30,000-00 4. Pain, Injuries and sufferings 50,000-00 5. Loss of amenities, enjoyment of life and discomforts 75,000-00 6. Loss of income during laid- up period 33,000-00 Total 6,38,475-00 13. The petitioner/appellant is held entitled for compensation of Rs.6,38,475/- as against Rs.5,42,475/-, awarded by the learned Tribunal together with interest at - 11 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 6% per annum from the date of filing of petition till realization on the enhanced compensation. 14. Accordingly, I pass the following: ORDER (i) The appeal is allowed. (ii) The appellant/petitioner is held entitled for total compensation of Rs.6,38,475/- as against Rs.5,42,475/- awarded by the learned Tribunal, thereby there would be enhancement of compensation by Rs.96,000/- together with interest at 6% per annum from the date of filing of petition till realization on the enhanced compensation. (iii) The impugned judgment and award passed in MVC Nos.419/2018 dated 08.07.2019 passed by the Principal Senior Civil Judge and Additional MACT- III, at Chitradurga, is hereby modified to the above extent. - 12 - HC-KAR NC: 2025:KHC:30167 MFA No. 3619 of 2021 (iv) Respondent Nos.1 and 2 are jointly and severally held liable to pay the compensation. However, respondent No.2 - Insurance Company is directed to deposit the compensation amount within six weeks from the date of this judgment, together with interest before the tribunal by deducting the compensation already deposited. (v) The order regarding deposit and release of the compensation amount by the tribunal remains unaltered. (vi) There shall be modified award accordingly. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PHM List No.: 1 Sl No.: 22