- 1 - HC-KAR NC: 2025:KHC:35677 MFA No. 4467 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4467 OF 2024(MV-I) BETWEEN: HEMAVATHI, S/O. SOMASHEKARA, AGED ABOUT 49 YEARS, R/O. OLD D C C BANK ROAD, ARAKERE VILLAGE AND HOBLI, SRIRANGAPATNA TQ, MANDYA DISTRICT - 571438. …APPELLANT (BY SRI. SREENIVASAN M. Y., ADVOCATE) AND: 1. SUHAS K., S/O. SANKEREDDY, MAJOR, NO. 56 K R MILL COLONY, KESARE SIDDALINGAPURA, B O, MYSORE - 570 003. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35677 MFA No. 4467 of 2024 2. THE MANAGER, CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD., UNIT NO 4, 9TH FLOOR LEVEL 6, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGAR, BANGALORE - 570 023. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; V/O. DATED 06.02.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 18.12.2023 PASSED IN MVC NO.1002/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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:35677 MFA No. 4467 of 2024 ORAL JUDGMENT At request of Sri.Sreenivasan.M.Y learned counsel for the appellant as well as Sri.Mallikarjun 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 claimant in MVC No.1002/2021 which stood pending before the Motor Accident Claims Tribunal, Srirangapatna and was disposed of through order dated 18.12.2023 is before this Court projecting a version that compensation granted by the Tribunal is grossly low. 3. Sri.Sreenivasan.M.Y appearing for the appellant contends that the appellant sustained fracture of right pubic Rami which is grievous in nature. The Doctor who treated the appellant assessed the disability in respect of right hip as 17% However, the Tribunal took the disability in respect of whole body as 6%. Learned counsel submits that the appellant being women is facing much difficulty in attending her day to day activities due to injury sustained to the pubic rami. Learned counsel submits that the Tribunal awarded meager sum as - 4 - HC-KAR NC: 2025:KHC:35677 MFA No. 4467 of 2024 compensation under all heads and therefore, the petitioner is entitled for a higher sum. 4. The submission that is made by learned counsel who represents respondent No.2 on the other hand is that the compensation that is granted by the Tribunal is valid on all aspects and therefore, the appeal is not maintainable. 5. By all the evidence produced, the appellant succeeded in establishing that she sustained un-displaced fracture of right pubic rami and took treatment for the said injury. The appellant also succeeded in establishing that she took treatment as inpatient for a period of four days. Having considered the nature of injuries sustained, this Court is of the view that the compensation granted under the head pain and suffering i.e., Rs.20,000/- is grossly low. The compensation granted towards attendant, transportation and Miscellaneous expenses i.e., Rs.4,000/- and towards loss of amenities and for nutritional food i.e., Rs.4,000/- is also on lower side. In the light of the injuries sustained, this Court is of view that the appellant would have taken bed rest atleast for a period of three months. However, the Tribunal granted a sum of - 5 - HC-KAR NC: 2025:KHC:35677 MFA No. 4467 of 2024 Rs.11,473/- only towards loss of income during laid up period. Considering all these facts, this Court is of the view that globally the appellant is entitled to an additional sum of Rs.75,000/-. On adding Rs.75,000/- to the compensation which was already granted by the Tribunal, the entire sum would become justifiable. 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, Srirangapatna through orders in MVC No.1002/2021 dated 18.12.2023 is enhanced by ₹75,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (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. - 6 - HC-KAR NC: 2025:KHC:35677 MFA No. 4467 of 2024 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 30