- 1 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1538 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1540 OF 2024 (MV-I) IN MFA No. 1538/2024 BETWEEN: SHAILAJA B W/O GANGANARASIMHAIAH AGED ABOUT 46 YEARS RA/T NO. E-108, AYADAN FACTORY ROAD, SAJJEPALYA BENGALURU NORTH, BENGALURU. …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. SHOBHA RANI P W/O GAVIRAJU B.S Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 MAJOR R/AT NO.90,1ST MAIN ROAD, 2ND CROSS, MARAPPA LAYOUT RAJARAJESHWARI NAGAR BENGALURU - 560 098. 2. THE MANAGER UNITED INDIA INSURANCE CO., LTD., REGIONAL OFFICE KRUSHI BHAVAN NEAR HUDSON CIRCLE HUDSON CIRCLE BENGALURU - 560 027. (POLICE NO. 0705003121P106740182 VALID FROM 08/10/2021 TO 07/10/2022) …RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2; VIDE ORDER DATED 03.09.2024, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.12.2023 PASSED IN MVC NO.4755/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 IN MFA NO. 1540/2024 BETWEEN: LAKSHMINARAYANA B.N S/O NARASIMHAIAH AGED ABOUT 45 YEARS R/AT NO 829, 6TH MAIN 3RD CROSS, KAMALANAGAR BENGALURU NORTH BENGALURU. ...APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. SHOBHA RANI P W/O GAVIRAJU B S MAJOR R/AT NO 90, 1ST MAIN ROAD 2ND CROSS, MARAPPA LAYOUT RAJARAJESHWARI NAGAR BENGALURU - 560 098. 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE KRUSHI BHAVAN, NEAR HUDSON CIRCLE, - 4 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 HUDSON CIRCLE, BENGALURU - 560 027 (POLICY NO 0705003121P106740182 VALID FROM 08/10/21 TO 07/10/2022) ...RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2; VIDE ORDER DATED 28.05.2024, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.12.2023 PASSED IN MVC NO.4754/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA COMMON ORAL JUDGMENT Heard the arguments of both the sides. 2. MFA.No.1538/2024 is filed against the judgment and award passed in M.V.C.No.4755/2022 dated 06.12.2023 by the Court of Motor Accident Claims Tribunal VII Additional Judge and ACMM Member MACT-3 at Bengaluru. 3. MFA.No.1540/2024 is filed against the judgment and award passed in M.V.C.No.4754/2022 dated 06.12.2023 by the Court of Motor Accident Claims Tribunal VII Additional Judge and ACMM Member MACT-3 at Bengaluru. 4. Injured claimants met with an accident on 25.07.2022 and filed a claim petitions claiming compensation of 20,00,000/- each. The Tribunal after - 6 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 considering the facts and circumstances and evidence on record, has awarded a compensation of Rs.5,88,653/- in MVC.No.4754/2022 and Rs.59,789/- in MVC.No.4755/2022 along with interest at the rate of 6% p.a., from the date of the petition till the date of deposit. 5. Aggrieved by the said order, the claimant in MVC.No.4755/2022 preferred an appeal in MFA.No.1538/2024 and mainly contended that meagre amounts are granted on the other heads. She was admitted in the hospital on 25.07.2022 and discharged on 27.07.2022 and the doctor assessed the disability as 25%. She was earning Rs.30,000/- per month. Therefore, requested for enhancement of the compensation. 6. Though it is stated that the claimant was doing business and earning Rs.30,000/- per month, she has not filed any income proof, as she met with an accident in the year 2022, her notional income is to be taken as Rs.15,500/- per moth, as per the chart prepared by the - 7 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 Karnataka State Legal Services Authority. She was aged 44 years and the applicable multiplier is ‘14’. PW.4/doctor stated that “the petitioner had sustained only rib fracture and she was treated conservatively and the fractures are united.” The doctor has assessed the disability at 25%. The petitioner was hospitalized for a period of 2 days. Considering the medical evidence, this Court finds it reasonable to take 1/3rd of 25%, i.e., 8%, disability for the purpose of calculation. Accordingly, ‘the loss of future earning capacity’ comes to Rs.2,08,320/- (Rs.15,500/- x 12 x 14 x 8%). 7. The Tribunal has awarded the compensation of Rs.16,789/- towards 'medical expenses' as per Ex.P16 and the same is confirmed. 8. The claimant was hospitalized for a period of 2 days. Considering the nature of injuries sustained, period of hospitalisation, her age and other relevant factors, this Court finds it reasonable to grant an amount of - 8 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 Rs.30,000/- under the head of ‘pain and suffering’ and Rs.15,000/- under the head of 'loss of amenities'. 9. This Court is granting an amount of Rs.30,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of three months. Therefore, Rs.46,500/- is awarded under the head of 'loss of income during laid up period' for a period of three months. 10. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 30,000.00 2. Medical Expenses 16,789.00 3. Loss of income during laid up period 46,500.00 4. Loss of future earning capacity 2,08,320.00 4. Loss of amenities 15,000.00 6. Attendant, conveyance, food and nourishment charges 30,000.00 Total 3,46,609.00 - 9 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 11. The Tribunal has awarded the compensation of Rs.59,789/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,86,820/- (Rs.3,46,609/- – Rs.59,789/-). 12. Aggrieved by the said order, the claimant in MVC.No.4754//2022 preferred an appeal in MFA.No.1540/2024 and mainly contended that meagre amounts are granted under the other heads and he sustained grievous injuries. He was in the hospital for more than 7 days and the doctor assessed the disability as 20%. He was earning Rs.50,000/- per month. Therefore, requested for enhancement of the compensation. 13. Learned counsel for the respondents stated that the Tribunal has rightly considered the disability at 6% and also granted reasonable amounts under the others heads. Therefore, this Court finds no reason to interfere with the same. - 10 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 14. Though it is stated that the claimant was doing business and earning Rs.50,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per moth, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 43 years and the applicable multiplier is ‘14’. PW.4/doctor has stated that “the petitioner was advised for medication and rest for three months at the time of discharge from the hospital. After three months of rest of the petitioner can be mobilized from bed. He cannot say that how much time the petitioner cannot stand. The scar will not cause any disability. The compression will not reduce or increase after surgery.” The doctor has assessed the disability at 20%. The petitioner was hospitalized for a period of 7 days. Considering the medical evidence, this Court finds it reasonable to take 1/3rd of 20%, i.e., 7% disability. Accordingly, ‘the loss of future earning capacity’ comes to Rs.1,82,280/- (Rs.15,500 x 12 x 14 x 7%). - 11 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 15. Learned counsel for the respondents stated that, on perusal of the medical bills, it shows that they have charged exorbitantly, but no steps were taken by the Insurance Company before the Tribunal and not filed any appeal. The Tribunal awarded Rs.4,06,479/- towards 'medical expenses' as per Ex.P10 and the same is confirmed. 16. The claimant was hospitalized for a period of 7 days. Considering the nature of injuries sustained, period of hospitalisation, his age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- under the head of ‘pain and suffering’ and Rs.15,000/- under the head of 'loss of amenities'. 17. This Court is granting an amount of Rs.30,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a - 12 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 period of three months. Therefore, Rs.46,500/- is awarded under the head of 'loss of income during laid up period' for a period of three months. 18. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 30,000.00 2. Medical Expenses 4,06,479.00 3. Loss of income during laid up period 46,500.00 4. Loss of future earning capacity 1,82,280.00 4. Loss of amenities 15,000.00 6. Attendant, conveyance, food and nourishment charges 30,000.00 Total 7,10,259.00 19. The Tribunal has awarded the compensation of Rs.5,88,653/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,21,606/- (Rs.7,10,259/- – Rs.5,88,653/-). - 13 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 20. Accordingly, I proceed to pass the following: ORDER i. The appeals are allowed-in-part. ii. The judgment and award passed in M.V.C.No.4755/2022 dated 06.12.2023 by the Court of Motor Accident Claims Tribunal VII Additional Judge and ACMM Member MACT-3 at Bengaluru and the judgment and award passed in M.V.C.No.4754/2022 dated 06.12.2023 by the Court of Motor Accident Claims Tribunal VII Additional Judge and ACMM Member MACT-3 at Bengaluru are hereby modified holding that the claimant in MFA.No.1538/2024 is entitled for enhanced compensation of Rs.2,86,820/- along with interest @ 6% p.a. and the claimant in MFA.No.1540/2024 is entitled for enhanced compensation of Rs.1,21,606/- along with interest @ 6% p.a. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the - 14 - HC-KAR NC: 2026:KHC:15415 MFA No. 1538 of 2024 C/W MFA No. 1540 of 2024 claimants are permitted to withdraw the entire amount along with interest accrued on it. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE SSB