- 1 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3775 OF 2017 (MV-I) BETWEEN: SMT RATHNAVATHI, NOW 15 EYARS, W/O. P MARIMUTHU, R/O. KURUNJIGUDDE HOUSE, SULLIA KASBA VILLAGE, SULLIA TALUK, D K DISTRICT, NOW R/O. C.R.C. COLONY KOWDICHAR, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT - 574 201. …APPELLANT (BY SRI. MANOJ K., ADV FOR SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. N. DAYANANDA, NOW AGED 32 YEARS, S/O. JANARDHANA GOWDA, R/O. H.NO.60, PADNADKA NIDUBE HOUSE, KALMAKKARU POST AND VILLAGE, SULLIA TALUK, D K DISTRICT - 574 239. 2. HDFC ERGO GENERAL INSURANCE CO LTD, REGD. CORPERATE OFFICE, 6TH FLOOR, LEELA BUSINESS PARK, ANDHERI (E), MUMBAI - 400 059. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 3. MR. POONACHA, MAJOR, S/O.DEVAIAH T G, R/O. MUDDANAHALLI VILLAGE, PERIYAPATNA TLAUK, MYSORE KARNATAKA - 571 107. …RESPONDENTS (BY SRI. D VIJAYAKUMAR., ADV FOR R2; V/O/D 20.11.2018 NOTICE TO R1 AND R3 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.06.2016 PASSED IN MVC NO.211/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988. The Tribunal had passed common award in MVC Nos.211/2015 and 212/2015 dated 10.06.2016. This MFA No.3775/2017 is filed against the award of the Tribunal in MVC 211/2015 challenging the judgment and award dated 10.06.2016, by the V Additional - 3 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 District and Sessions Judge, D.K. Mangaluru, sitting at Puttur, D.K. for enhancing the compensation. 2. Heard the arguments of both the learned counsel. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.8,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.2,15,800/- with interest at the rate of 7% p.a., from the date of petition till the date of deposit. Aggrieved by the said order, this appeal is filed. It is contended that petitioner's income was not properly considered and the amounts granted under all the heads are on the lower side. Therefore, the petitioner/injured requested for enhancement of compensation. 4. The petitioner/injured was aged 52 years and was doing agriculture work, earning Rs.15,000/- per month. However, as she did not produce any income proof, the Tribunal considered her income at Rs.9,000/- per month. This Court finds no reason to interfere with the said order. As per the wound certificate at Ex.P.7, the Petitioner sustained the following injuries: - 4 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 1. Tenderness pain and swelling over the right hip joint. 2. Crush injuries over the right hand index finger and middle finger and little finger. 3. Tenderness over the right thigh and right leg knee joint. X-ray shows the dislocation of waist bone, fracture of little finger bone. The doctor, who issued wound certificate, opined that injury No.1 and 2 are grievous in nature and injury No.3 is simple in nature. 5. Ex.P.8 is the discharge summary which shows that the petitioner was admitted to the hospital on 03.06.2014 and discharged on 28.08.2014. Ex.P.10 is the medical bills for an amount of Rs.28,000/-. The petitioner also examined PW.3- Doctor, who stated that the petitioner has undergone operation, wound debridement and K-wire fixation to her right hand and closed reduction to her right hip was done. He further stated that the right hand injuries were united, but pelvis of both hips were concentric reduction of right hip and movements of right hip joint was restricted. There is flexion of 90 degree, internal and external rotation 10 degree due to which petitioner is unable to squat, and to fold the leg. She cannot bend forward the leg and cannot sit/stand for long time. She cannot walk and unable to lift weight from her right hand due to restriction of - 5 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 movement at MCP joints. She lost grip of right hand. She cannot twist and by using right hand she cannot do any hard work. On considering the same doctor has examined the injured and issued Ex.P.9-disability certificate stating that petitioner ihas sustained permanent disability to the extent of 20% to the whole body. However, the Tribunal has taken disability at 10%. This Court finds no reason to interference with the said finding. The 'loss of income due to disability' comes to Rs.1,18,800/-(9,000 X 12 X 11 X 10%). However, considering the nature of the injuries and the period of hospitalization, this Court finds it reasonable to enhance the compensation by awarding Rs.40,000/- under the head ‘pain and suffering’, Rs.60,000/- towards ‘medical expenses’, Rs.10,000/- towards ‘loss of amenities and future discomfort’, Rs.30,000/- towards ‘extra nourishment, transportation, and attendant charges’ and Rs.27,000/- towards 'loss of income during laid up period' as awarded by the Tribunal. 6. Thus in all, compensation awarded by this Court is as below, - 6 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,85,800/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 10.06.2016 passed in MVC No.211/2015, by V Additional Particulars Amount in Rs. Loss of income due to disability 1,18,800.00 Pain and suffering 40,000.00 Medical expenses 60,000.00 Loss of amenities and future discomfort 10,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 27,000.00 Total 2,85,800.00 - 7 - HC-KAR NC: 2025:KHC:37852 MFA No. 3775 of 2017 District and Sessions Judge, D.K. Mangaluru, sitting at Puttur, D.K., is modified; iii. The claimant is entitled to a sum of Rs. 2,85,800/- along with interest at 6% p.a., instead of Rs.2,15,800/- granted by the tribunal, from the date of petition till the date of realization. iv. Respondent No.2/Insurance company is directed to deposit the amount within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. The appellant is not entitled to interest for the delayed period of 224 days. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 17