- 1 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5470 OF 2025 (MV-I) BETWEEN: SMT. NAGARATHNA AGED ABOUT 48 YEARS W/O. BALEENDRAPPA C.K. R/O.CHIKKAVALI VILLAGE UDRI POST, KASABA HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 577 429. …APPELLANT (BY SRI CHIDAMBARA G.S., ADVOCATE) AND: 1. SRI PRASANNA S. P. AGED ABOUT 25 YEARS S/O. SHIVANANDAPPA T.H. R/O. BIDARAGERI VILLAGE KASABA HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 577 429. 2. SRI BALEENDRAPPA C.K. AGED ABOUT 56 YEARS S/O. KERIYAPPA R/O. CHIKKAVALI VILLAGE UDRI POST KASABA HOBLI SORABA TALUK SHIVAMOGGA DISTRICT - 577 429. 3. DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 B.H. ROAD, COURT SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R3; VIDE ORDER DATED 10.09.2025, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.04.2024 PASSED IN MVC.NO.289/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT XIII, SORABA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the sides. 2. The tribunal has passed the common award in M.V.C.Nos.289/2023, 290/2023 and 292/2023 dated 18.04.2024 by the Senior Civil Judge and JMFC and Additional MACT XIII, Soraba (for short, 'tribunal'). But this MFA No.5470/2025 is filed by the appellant-claimant against the award of the tribunal in M.V.C.No.289/2023. 3. Parties to the appeal shall be referred to as per their status before the tribunal. - 3 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 4. The injured claimant met with an accident on 12.11.2022 and filed claim petition claiming compensation of Rs.25,00,000/-. But the tribunal considering the entire evidence on record has granted an amount of Rs.2,14,454/- with interest at the rate of 6% per annum from date of petition till its realisation. 5. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal. 6. Learned counsel for appellant-claimant contended that PW.4-Doctor has opined the permanent disability at 15%, whereas the tribunal has assessed the disability at 3%, which is erroneous. He also contended that the interest component awarded by the tribunal is on the lower side, which requires to be enhanced. Hence, he seeks enhancement of compensation. 7. Per contra, learned counsel for respondent- Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does - 4 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 not call for interference. Hence, he seeks dismissal of the appeal. 8. In the present case, the claimant was doing agricultural work and also working as an Asha worker and was earning an amount of Rs.15,000/- per month. But, she has not filed any income proof. As the accident was occurred on 12.11.2022, the tribunal has rightly taken the notional income as Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 46 years as per Ex.P13-Aadhar card and the multiplier is taken as '13'. 9. PW.4-Doctor has stated that the claimant has sustained a fracture of both bones of the left leg, a fracture of right shaft of femur and injury to lower jaw. Further, he has stated in his evidence that the claimant has occasional pain, difficult in squatting and cross legged sitting, stiffness in left ankle and has assessed 15% permanent disability in her lower limb. Therefore, - 5 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 considering the medical evidence on record, the tribunal considered one-third of 15% disability opined by PW.4- Doctor as 5%. But, the tribunal has taken the disability at 3%, which requires to be enhanced. Accordingly, loss of future income due to disability comes to Rs.1,20,900/- (Rs.15,500/- x 12 x 13 x 5%). 10. The tribunal awarded Rs.79,254/- towards medical expenditure as per Exs.P12 to P141 and it is confirmed. 11. The claimant was hospitalised for a period of 11 days. Therefore, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering. The tribunal has not awarded any compensation under loss of amenities. Considering the nature of injuries sustained and other relevant factors, this Court finds it reasonable to grant an amount of Rs.25,000/- towards loss of amenities. - 6 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 12. The tribunal awarded Rs.5,000/- towards attendant charges and Rs.10,000/- towards food and nourishment and other miscellaneous expenses, which is on the lower side. Therefore, this Court finds it reasonable to grant an amount of Rs.30,000/- under these heads. 13. The claimant might not have attended any other work at least for a period of three (3) months, therefore, she is entitled for compensation of Rs.46,500/- (Rs.15,500/- x 3) under the head of loss of income during laid up period. 14. Thus, in all, the claimant is entitled for the following compensation : Sl. No. Particulars Amount (In.Rs.) 1. Loss of future income due to disability 1,20,900-00 2. Medical expenditure 79,254-00 3. Pain and suffering 50,000-00 4. Loss of earning during laid-up period 46,500-00 5. Attendant charges, food and nourishment and other miscellaneous expenses 30,000-00 6. Loss of amenities 25,000-00 Total 3,51,654-00 - 7 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 15. The tribunal has awarded the compensation of Rs.2,14,454/- but the appellant-claimant is entitled to total compensation of Rs.3,51,654/-. Therefore, the appellant-claimant is entitled to enhanced compensation of Rs.1,37,200/- (Rs.3,51,654/- - Rs.2,14,454/-). 16. Accordingly, I pass the following: ORDER i. The appeal is allowed-in-part; ii. The judgment and award dated 18.04.2024 passed in M.V.C.No.289/2023 by the Senior Civil Judge and JMFC and Additional MACT XIII, Soraba is hereby modified holding that the appellant-claimant is entitled for enhanced compensation of Rs.1,37,200/- along with interest @ 6% p.a.; iii. Respondent - Insurance Company is directed to deposit the enhanced compensation amount along with interest at the rate of 6% p.a., within a period of - 8 - HC-KAR NC: 2026:KHC:8875 MFA No. 5470 of 2025 one month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it; iv. The appellant-claimant is not entitled for interest for the delayed period of 331 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 25