- 1 - HC-KAR NC: 2025:KHC:37636 MFA No. 3350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3350 OF 2025(MV-I) BETWEEN: SMT RENUKAMMA W/O. LATE PARAMESHWARAPPA, AGED ABOUT 57 YEARS, R/O. MALENAHALLI VILLAGE, SHIVAMOGGA - 577 201. …APPELLANT (BY SRI. M. V. MAHESWARAPPA, ADVOCATE) AND: 1. MALLIKARJUNA S/O. SUBRAMANYA, AGED ABOUT 34 YEARS, R/O.VIDYANAGARA, HOLEHONNUR VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA - 577201. 2. THE MANAGER MAGMA GENERAL INSURANCE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37636 MFA No. 3350 of 2025 O.T. ROAD, II CROSS, SHIVAMOGGA - 577 2012 …RESPONDENTS (BY SRI. MALLIKARJUN REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; R1- V/C/O DATED 02.06.2025, NOTICE IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2024 PASSED IN MVC NO.42/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JLUDGE AND CJM AND MACT, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37636 MFA No. 3350 of 2025 ORAL JUDGMENT At request of Sri.M.V.Maheswarappa, learned counsel for the appellant as well as Sri.Mallikarjuna Reddy N.A., who represents Sri.Pradeep B., learned counsel on record for respondent No.2, the matter is taken up for final hearing and disposal. 2. The appellant who is the claimant in MVC No.42/2023 that stood pending before the Motor Accident Claims Tribunal, Shivamogga and was disposed of on 22.04.2024 is before this Court through this appeal seeking enhancement of compensation. 3. Sri.M.V.Maheswarappa, learned counsel for the appellant submits that the appellant sustained two grievous injuries in a road traffic accident and took extensive treatment. During the course of treatment she underwent a surgery also. However, without considering the evidence produced, the Tribunal awarded meager sum as compensation and therefore the present appeal is filed. 4. On the other hand the submission that is made by learned counsel who represents respondent No.2 is that the - 4 - HC-KAR NC: 2025:KHC:37636 MFA No. 3350 of 2025 appellant except examining herself as PW1 did not chose to examine any witnesses to establish the genuineness of the medical record produced. Learned counsel states that the appellant did not establish the aspect of disability also. However, the Tribunal awarded exorbitant sum as compensation and therefore the appeal is not maintainable. 5. As rightly contended, the appellant did not chose to examine either the Doctor who treated her or the medical expert who assessed the disability if any. The Tribunal through the impugned order granted a sum of Rs.50,000/- under the head pain and suffering, Rs.46,500/- towards loss of income during laid up period, Rs.17,500/- towards medical expenditure, Rs.10,000/- towards loss of future income, Rs.20,000/- for diet and conveyance, Rs.30,000/- towards loss of amenities and Rs.25,000/- for permanent physical impairment. The Tribunal granted a sum of Rs.1,99,000/- in total. 6. The version of the appellant is that she became permanently and completely disabled due to the injuries sustained. However, the appellant did not chose to establish - 5 - HC-KAR NC: 2025:KHC:37636 MFA No. 3350 of 2025 said fact before the Tribunal. However, the fact remains is that the appellant sustained two grievous injuries in a road traffic accident and underwent a surgery also. 7. The version of the appellant is that by attending coolie work, she was earning Rs.20,000/- per month. Thus, considering the occupation of the appellant and nature of injuries sustained, which admittedly impairs the appellant to certain extent in performing her duties to eke out her livelihood, this Court is of the view that, a sum of Rs.40,000/- is liable to be awarded in addition to the sum that is awarded by the Tribunal, so that the compensation which the appellant receives in total would be justifiable. 8. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Shivamogga, through orders in MVC No.42/2023 dated 22.04.2024 is enhanced by Rs.40,000/-. - 6 - HC-KAR NC: 2025:KHC:37636 MFA No. 3350 of 2025 iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 278 days as per orders on IA No.1/2025. iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 36