- 1 - HC-KAR NC: 2025:KHC:37106 MFA No. 7411 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.7411 OF 2024(MV-I) BETWEEN: SMT. NAGARATHNA, W/O AYYAPPAN, AGED ABOUT 39 YEARS, R/AT NO. 1039/40, 9TH CROSS, SUNNADAKERI K. R. MOHALLA, MYSURU- 570 004. …APPELLANT (BY MS. JHANVI, ADVOCATE FOR MS. ANUSHA NANDISH, ADVOCATE) AND: 1. SMT. MAMATHA K. S., W/O. B. S. SRINIVASA, R/AT NO 11, 2ND AROGYA BADAVANE, RAMAKRISHNAGAR, DATTAGALLI, 2ND STAGE Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37106 MFA No. 7411 of 2024 MYSURU - 23. 2. THE BRANCH MANAGER, LEGAL DIVISION, THE RELIANCE GENERAL INSURANCE CO. LTD., OPPOSITE TO KSRTC BUS STAND, BHEEMA JEWELLERS BUILDING, MYSORE - 23. …RESPONDENTS (BY SRI. ABUBACKER SHAFI, ADVOCATE FOR R1 (ABSENT); SRI. ASHOK N. PATIL, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.07.2023 PASSED IN MVC NO.40/2020 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:37106 MFA No. 7411 of 2024 ORAL JUDGMENT At request of Ms.Jhanavi who represents Ms.Anusha Nandish, learned counsel on record for the appellant as well as Sri.Ashok.N.Patil, learned counsel for respondent No.2 the matter is taken up for final hearing and disposal. There is no representation for respondent No.1 on call. 2. The appellant who sustained injuries in a road traffic accident filed a petition claiming compensation of Rs.14,00,000/- in total. The Motor Accident Claims Tribunal, Mysuru which dealt with the case as MVC No.40/2020 rendered orders on 18.07.2023 awarding a sum of Rs.5,50,300/- as compensation. Projecting that she is entitled to a higher sum the present appeal is filed. 3. Learned counsel who represents the appellant contends that the appellant as a tailor was earning Rs.30,000/- p.m. by the date of accident. However, due to the injury sustained she is unable to do any work. Learned counsel states that the appellant took extensive treatment but she is left with complete and total disability in respect of whole body and thus - 4 - HC-KAR NC: 2025:KHC:37106 MFA No. 7411 of 2024 the compensation granted by the Tribunal on all counts is too meager. 4. On the other hand the submission that is made by learned counsel for respondent No.2 is that the compensation granted by the Tribunal is justifiable. However, in the light of the submission that is made by the learned counsel for the appellant there may be marginal enhancement. 5. The appellant succeeded in establishing that she sustained fracture of shaft of right femur and also a head injury. She also established that she underwent surgeries twice during the course of treatment. Considering the evidence that is produced including the evidence of Pw.2, the Tribunal rightly took the disability in respect of whole body as 9%. However, the Tribunal failed to award any sum as compensation towards loss of earnings during laid up period. Having considered the nature of injury sustained and the treatment taken, this Court is of the view that the appellant would not have attended her normal pursuits atleast for a period of 5 months. Having taken the notional income as Rs.14,000/- p.m., the 'loss of earnings during laid up period' comes to Rs.70,000/- (Rs.14,000X5). The - 5 - HC-KAR NC: 2025:KHC:37106 MFA No. 7411 of 2024 Tribunal awarded a sum of Rs.30,000/- under the head pain and suffering. However, this Court is of the view that the appellant is entitled to a sum of Rs.50,000/- under the head pain and suffering. Therefore, the appellant is entitled to an additional sum of Rs.20,000/- under the head 'pain and suffering'. Therefore, the total sum which the appellant is entitled to in addition to the sum that is awarded by the Tribunal is Rs.90,000/- (Rs.70,000+ Rs.20,000). 6. 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, Mysuru through orders in MVC No.40/2020 dated 18.07.2023 is enhanced by Rs.90,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit excluding the period of delay of 311 days as per orders in I.A.No.1/2024. - 6 - HC-KAR NC: 2025:KHC:37106 MFA No. 7411 of 2024 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(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 NS CT:TSM List No.: 1 Sl No.: 78