- 1 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 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. 4540 OF 2024 (MV-I) BETWEEN: MRS. ASMINA W/O. H. MOHAMMAD ASHRAF, AGED ABOUT 23 YEARS, RESIDING AT 21-GL-B-21, DEVINAGARA, KUNJATHBAIL, MANGALURU, D.K. DISTRICT - 575 015. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. MR. B N JAFAR S/O. B. N. AHAMMAD SAHEB HARADY, ADULT, RESIDING AT HONNALA POST, KUKUDE, BRAHMAVARA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 of 2024 UDUPI DISTRICT - 576 213. 2. THE BRANCH MANAGER UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED, CITY TRADE, 1ST FLOOR, OPP. CITY HOSPITAL, KADRI, MANGALURU, D.K. DISTRICT - 575 003. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY N.A, ADVOCATE FOR SRI. B. PADEEP, ADVOCATE FOR R2; R1 - VIDE ORDER DATED 10.09.2025, NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.04.2024 PASSED IN MVC NO.399/2021 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MACT-I, D.K, MANGALURU, 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:35776 MFA No. 4540 of 2024 ORAL JUDGMENT At request of Sri. Ravishankar Shastry.G learned counsel for the appellant as well as Sri. Mallikarjuna Reddy N.A who represents Sri. B.Pradeep learned counsel on record for respondent No.2, the matter is taken up for final hearing and disposal. 2. Projecting that the sum granted by the Motor Accident Claims Tribunal-I, D.K, Mangaluru through orders in M.V.C No.399/2021 dated 03.04.2024 is grossly low, the present appeal is filed by the claimant therein. 3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained multiple injuries in a road traffic accident. She took treatment as inpatient for about one month. She spent lakhs of rupees for the treatment. However, she could not regain normalcy and the Doctor Who examined her assessed the permanent physical disability in respect of left upper limb as 37%. Without considering the nature of injuries sustained and the disability, the tribunal granted palty sum as compensation and aggrieved by the same, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 of 2024 4. Learned counsel further submits that the appellant by working at her husband's tea stall was earning ₹18,000/- per month but the tribunal took the notional income of the appellant as ₹12,000/- per month unjustifiably. Learned counsel also contends that the accident occurred in the year 2021 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as ₹15,000/- per month for settlement of claims and at least the said figure should have been adopted by the tribunal. 5. Learned counsel who represents respondent No.2 on the other hand states that the tribunal taking into consideration the totality of evidence produced has awarded justifiable sum and in the light of the submission that is made by learned counsel for the appellant there maybe marginal enhancement. 6. The tribunal through the impugned order awarded a sum of ₹50,000/- towards pain and suffering, Rs.2,56,765/- towards medical expenses, ₹1,29,600/- towards loss of income due to disability and ₹25,000/- towards loss of amenities. The tribunal awarded a sum of ₹4,61,365/- rounded off to ₹4,61,500/- in total. As rightly contented by learned counsel for - 5 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 of 2024 the appellant the appellant succeeded in establishing that she sustained multiple injuries in the road traffic accident which includes an injury to the left ear with underlying fracture of external auditory canal, an injury on forehead, an injury on the nose, contusion on upper lip, fracture of distal inter-phalangeal joint of index finger and middle finger including loss of skin and muscle tissue over palm, a contusion on the right knee joint and contusion on the left knee joint. The appellate also established that she took treatment as inpatient from 25.01.2021 to 21.02.2021. However, the appellant failed to establish her actual earnings by the date of accident. But considering the submission that is made by learned counsel for the appellant, this Court considers desirable to take the notional income of the appellant as ₹15,000/- per month. As per the evidence of PW-2 the disability in respect of left upper limb is 37%. However, the tribunal took the disability in respect of whole body as 5%. 7. Considering the evidence of PW-2 and Ex.P-11 Disability Certificate this Court is of the view that the disability in respect of whole body is required to be taken as 7%. On taking the notional income of the appellant as ₹15,000/- per - 6 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 of 2024 month, the disability as 7% in respect of whole body and applying the appropriate multiplier '18', the appellant being aged about 19 years by the date of accident, the compensation which the appellant is entitled to under the head loss of future earnings is as under:- Heads Amount in Rs. Notional income 15,000.00 Annual income 1,80,000.00 On applying appropriate multiplier '18' 32,40,000.00 Loss of future earnings due to permanent physical disability in respect of whole body being 7% 2,26,800.00 8. Having considered the nature of injuries sustained and the treatment taken this Court is of the view that the appellant would have taken bed rest at least for a period of 3 months. Therefore, loss of earnings during laid up period comes to ₹45,000/- (15,000 x 3). The tribunal failed to award any amount under the head loss of income during laid up period. Also considering the injury sustained to the left palm, as rightly stated by learned counsel for the appellant, the appellant is entitled to a certain amount as compensation for the - 7 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 of 2024 disfiguration. This Court considers desirable to award a sum of ₹15,000/- as compensation for disfiguration. 9. This Court is also of the view that the appellant is entitled to a sum of ₹20,000/- for the food, extra nourishment, conveyance and attendant charges. The tribunal failed to award any amount under the said head. Also this Court is of the view that the appellant is entitled to a sum of ₹60,000/- under the head pain and suffering. Thus, the total compensation which the appellant is entitled to under each head is as under: Heads Amount in Rs. Compensation for pain and suffering 60,000.00 Medical expenses 2,56,765.00 Loss of future earnings 2,26,800.00 Towards food, extra nourishment, conveyance and attendant charges 20,000.00 Loss of income during laid up period 45,000.00 Loss of amenities in life 25,000.00 Compensation for disfigurement 15,000.00 Total 6,48,565.00 10. Therefore, the compensation which the appellant is entitled to receive in the light of the aforementioned discussion - 8 - HC-KAR NC: 2025:KHC:35776 MFA No. 4540 of 2024 is ₹6,48,565/-. 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-I, D.K., Mangaluru through orders in M.V.C. No.399/2021 dated 03.04.2024 is enhanced from ₹4,61,500/- to ₹6,48,565/-. 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 8 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 VS List No.: 1 Sl No.: 8, CT: BHK