- 1 - HC-KAR NC: 2025:KHC:36533 MFA No. 5633 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA M.F.A. NO. 5633 OF 2019 (MV-I) BETWEEN: 1. S.G. CHOODAMANI W/O LATE K G RANGANATHA AGED ABOUT 38 YEARS, R/AT KUDLURU VILLAGE, TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577 228 … APPELLANT (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: 1. SOMASHEKARA S/O PUTTAIAHGOWDA AGED ABOUT 43 YEARS, R/AT VIGNESHWARA NILAYA SAGARA ROAD, HALKOLA SHIVAMOGGA DIST-577 401 2. M/S UNITED INDIA INSURANCE COMPANY LTD NO.1137/947 RUB BUIDLING B.H. ROAD, SHIVAMOGGA-577 201 REP BY ITS BRANCH MANAGER (POLICY NO.2404003115P103382134) … RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36533 MFA No. 5633 of 2019 (BY SRI. H.C. VRUSHABENDRAIAH, ADVOCATE FOR R2; V/O DATED 18.06.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09/01/2019, PASSED IN MVC NO.242/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC., AND MAMACT, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 09.01.2019 passed in MVC No.242/2016, by the Senior Civil Judge and MACT, Tarikere, and seeking enhancement of compensation. 2. The status of the parties before the Tribunal is retained for the sake of convenience. 3. A common award was passed by the Tribunal in M.V.C.No. 257/2016 filed by the appellant seeking compensation due to the death of her husband and in - 3 - HC-KAR NC: 2025:KHC:36533 MFA No. 5633 of 2019 M.V.C.No. 242/2016 filed by the same appellant seeking compensation for the injuries sustained by her. This appeal is preferred against the award passed in M.V.C.No.242/2016 in which a global compensation of Rs.10,000/- along with interest at 6% per annum from the date of petition till the date of deposit, has been granted. 4. The appellant contended that she was a pillion rider and she fell down and sustained grievous injuries to head, chest and other parts of the body and she was shifted to the hospital in an Ambulance. It is contended that the Tribunal erred in granting Rs.10,000/- global compensation and no amount is granted for 'loss of earning during laid up period', 'medical expenses' etc., and requested for grant Rs.50,000/- for treatment. 5. Heard the arguments of learned counsel for both parties. - 4 - HC-KAR NC: 2025:KHC:36533 MFA No. 5633 of 2019 6. Petitioner was aged 35 years at the time of accident and she was working as home maker. She met with an accident on 08.10.2015 and sustained following injuries: a. fresh cut lacerated wound over left forehead b. tooth injury over upper and lower tooth loose and tenderness c. fresh abrasion over left knee 7. The appellant states that she has spent around Rs.2,00,000/- for her treatment, but she has not produced any documents to substantiate her version. This Court finds it reasonable to grant Rs.10,000/- towards pain and suffering, Rs.5,000/- towards loss of amenities, Rs.10,000/- towards medical expenses and Rs.5,000/- towards conveyance and extra nourishment. She might not have attended any other work during laid up period atleast for a period of 2 months. Therefore, since the accident has occurred during 2015, her notional income is to be taken as Rs.9,000/- per month as per the guidelines - 5 - HC-KAR NC: 2025:KHC:36533 MFA No. 5633 of 2019 of the Karnataka State Legal Services Authority. Accordingly, an amount of Rs.18,000/- (Rs.9,000/- x 2) is awarded towards loss of income during laid up period. 8. Thus in all, award of compensation passed by the Tribunal is modified as under: Compensation under different Heads Amount (Rs.) Pain and sufferings 10,000/- Loss of amenities 5,000/- Medical expenses 10,000/- Conveyance and extra nourishment 5,000/- Loss of income during laid up period 18,000/- Total 48,000/- 9. Accordingly, the compensation is enhanced from Rs.10,000/- to Rs.48,000/-. 10. In the result, the following order is passed: ORDER i. Appeal is allowed. - 6 - HC-KAR NC: 2025:KHC:36533 MFA No. 5633 of 2019 ii. The judgment and award dated 09.01.2019 passed in MVC No.242/2016, by the Senior Civil Judge and MACT, Tarikere. iii. The claimant is entitled to a sum of Rs.48,000/- along with interest at 6% per annum from the date of petition till the date of realization as against Rs.10,000/-. iv. Respondent No.2 - Insurance Company is directed to deposit the said amount within one month from the date of this order. v. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. vi. 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. vii. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE VP