- 1 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T M.F.A NO. 5056 OF 2018 (MV-I) BETWEEN: VIMALA R KOTIAN AGED ABOUT 52 YEARS W/O RATHNAKARA KOTIAN, R/AT NEAR LOBO GARDEN, 5TH CROSS, NAYAMPALLI, SANTHEKATTE POST, UDUPI TALUK AND DISTRICT …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. CHANDRA B. GOUDA AGED ABOUT 42 YEARS S/O LATE BILLIYA, R/O KELAKUDRU HOUSE, AMMUNJE, THENKABETTU POST, UPPOR, VILLAGE, UDUPI TALUK AND DISTRICT-576101. 2. THE NATIONAL INSURANCE CO.LTD DIVISIONAL MANAGER, DIVISIONAL OFFICE, VIDYA POORNA COMPLEX, 1ST FLOOR, NEAR HEAD POST OFFICE, UDUPI-576101 REP BY ITS MANAGER 3. THE UNITED INDIA INSURANCE CO.LTD BRANCH OFFICE MANIPAL, Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 REP: BY ITS DIVISIONAL MANAGER, MANIPAL, UDUPI TALUK AND DISTRICT-576101. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE FOR R2 & R3; V/O DATED 24.06.2022, NOTICE TO R1 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25/04/2018, PASSED IN MVC NO.716/2015, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimant challenging the judgment and award dated 25-04-2018 passed in M.V.C. No.716 of 2015 on the file of the learned Additional Motor Claims Tribunal and II Additional Senior Civil Judge, Udupi, whereby the Tribunal awarded compensation of Rs.5,27,484/- with interest at the rate of 9% per annum from the date of petition till the date of realisation. - 3 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 3. Brief facts of the case are that on 20-06-2015 at about 7:30 p.m., when the petitioner was standing near Ashirvad Junction road, Santhekatte Kalyanapura in order to go to Manipal, one motor bike bearing Registration No.KA-20-Q- 1032, came from Santhekatte side towards Udupi on N.H.66, drove the same in a rash and negligent manner and dashed against the petitioner. As a result, the petitioner sustained severe grievous injuries. The petitioner was shifted to K.M.C. Hospital, Manipal, for treatment, wherein the petitioner was treated as an inpatient for a period of 30 days. The petitioner suffered hemipharasis on her right side wherein the doctor advised the injured for follow up treatment once in a month and advised for continuous treatment for both to subluxation C- 5 and also tibia fibula fracture. Hence, the claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation. The petitioner was aged about 49 years, working as House Keeping at Mahe Hostel, Manipal and was earning a sum of Rs.6,500/- per month. - 4 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 4. The Tribunal, considering the evidence on record at Exs.P1 to P28, Ex.R1 to Ex.R3 and oral evidence of PWs.1 to 3 and RW-1, partly allowed the claim petition awarding a total compensation of Rs.5,27,484/- with interest at the rate of 9% per annum from the date of petition till its realisation. Being aggrieved by the same, the claimant filed this appeal seeking enhancement of compensation. 5. Sri Pavana Chandra Shetty H., learned counsel for the appellant/claimant, contended that the appellant / claimant was hale and healthy. She was working as House Keeping at Mahe Hostel, Manipal and was earning a sum of Rs.6,500/- per month. The Tribunal, without properly considering the evidence on record, erred in considering the disability at 11.5% towards the whole body and awarded meagre compensation, which is inadequate. Hence, he prayed to allow the appeal. 6. Per contra, Sri S.V. Hegde Mulkhand, learned counsel for respondents No.2-Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under - 5 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 each heads, which does not call for interference at the hands of this Court. Thus, he prayed to dismiss the appeal. 7. As there is no dispute with regard to the injuries sustained by the claimant in the road traffic accident, the only point that would arise for our consideration in this appeal is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? 8. After hearing both the counsel and perusal of the impugned judgment and award of the Tribunal, we are of the view that the compensation awarded by the Tribunal is just and reasonable in all other aspects except on the quantum of disability. 9. As per Ex.P4 – Wound Certificate, the claimant sustained following injuries: Left tibia shaft fracture C5-C6 bifacetal dislocation with quadriparesis (ASIA C) Further the claimant has pain in bilateral upper limbs, difficulty in doing heavy work, numbness in bilateral lower - 6 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 limbs, she requires partial assistance for activities of daily living on account of injuries sustained i.e., left tibia shaft fracture, C5-C6 bifacetal dislocation with quadriparesis (ASIA C). In order to establish this aspect and in support of her oral evidence, she examined herself as PW-1 as also doctor (PW-2) and employer (PW-3) and furnished 28 documents which are marked as Ex.P1 to Ex.P28. As per the evidence deposed by doctor (PW-2), the claimant sustained grievous injuries, and she has suffered 23% disability in respect of spine and locomotor system. In this case, as per disability certificate- Ex.P6, the claimant has suffered 23% disability to the whole body, whereas the Tribunal considered the functional disability at 11.5%, which is on the lower side. It is well-settled principle that a person must be compensated for physical injuries as well as non-pecuniary losses suffered due to the injury. The purpose of compensation under the act is to fully and adequately restore the injured to the position prior to the accident. 10. By looking into the evidence of PW-1 and nature of injuries sustained by the claimant and disability certificate, the - 7 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 disability is reassessed at 15%. Hence, loss of future earning capacity is reckoned as under:- Rs.6,582 x 12 = 78,984/- Rs.78,984 x 15/100 = 11,847.60/- Rs.11,847.60 x 13 = 1,54,018.80 (rounded off to Rs.1,54,020) 11. The Tribunal has awarded fair and reasonable compensation under all other heads, which does not call for our interference. 12. Thus, the claimant is entitled for the following compensation: HEADS Rs. Injury, pain and sufferings 1,50,000.00 Medical expenses 39,404.00 Future medical expenses 40,000.00 Loss of future earning capacity 1,54,020.00 Loss of amenities 1,50,000.00 Food, conveyance, nourishment and attendant charges 30,000.00 TOTAL 5,63,424.00 Less: Compensation awarded by the Tribunal 5,27,484.00 ENHANCED COMPENSATION 35,940.00 - 8 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 13. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award dated 25.04.2018 passed by learned Additional MACT & II Additional Senior Civil Judge, Udupi in MVC No.716/2015 is modified to the extent stated hereinabove. The claimant is entitled for a total compensation of Rs.5,63,424/- as against Rs.5,27,484/- awarded by the Tribunal with interest at the rate of 9% per annum on the additional compensation of Rs.35,940/- from the date of filing of the claim petition till the date of its realisation. iii. Respondent No.2-Insurance Company is directed to deposit the additional compensation amount together with interest within six weeks from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. - 9 - HC-KAR NC: 2025:KHC:29755-DB MFA No. 5056 of 2018 v. Draw modified award accordingly. vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PRS List No.: 1 Sl No.: 58