- 1 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 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. 6909 OF 2016 (MV-I) BETWEEN: 1. MISS. SHWETHA R D/O RAJASHEKAR R, R/AT NO.178, 34TH CROSS, 2ND MAIN, 2ND BLOCK, RAJAJINAGAR, BENGALURU-560010 …APPELLANT (BY SRI. T N VISWANATHA.,ADVOCATE) AND: 1. KARNATAKA GOVERNMENT INSURANCE DEPARTMENT VISHWESHWARAIAH TOWER, 14TH AND 16TH FLOORS, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001 2. THE EXECUTIVE ENGINEER (ELECL) O& M DIVISION, BESCOM, B.B.ROAD, CHIKKABALLAPURA-562101 …RESPONDENTS (BY SRI.GOPALAKIRSHNA SOODI AGA FOR R1,ADVOCATE) (SMT.GIRIJA PATIL, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED20.04.2016 PASSED IN MVC NO.4236/2015 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, MACT BENGALURU (SCCH- 9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. The common judgment and award was passed by the II Additional Small Causes Judge and XXVIII ACMM, Bengaluru, in MVC No. 4137/2015 and MVC.No.4236/2015 on 20.04.2016. This appeal is filed against the judgment and award of the tribunal in MVC No.4236/2015. 3. The injured/claimant met with an accident on 10.09.2015 and filed a claim petition claiming compensation of Rs.6,00,000/-. The tribunal, after - 3 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 considering the entire evidence on record, granted an amount of Rs.2,03,200/- in MVC.No.4236/2015 with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said award and judgment, the appellant-claimant preferred this appeal in which it is mainly contended that she sustained grievous injuries and the doctor assessed the disability as 10%, but the tribunal has not granted any amount under the head loss of income during the laid up period, though she was under continuous treatment for four months and she lost her avocation. The tribunal not granted adequate compensation for conveyance, nourishment, and attendant charges and the interest granted is only 6%, and thus requested for enhancement of the compensation. 5. Though appellant/claimant has stated that she was studying final year MBA and giving tuition and earning Rs.15,000/- per month she has not filed any income proof. - 4 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 As she met with an accident in the year 2015, this Court finds it reasonable to take the national income of Rs.9,000/- as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 22 years, and the multiplier applicable is 18. 6. Ex.P5 is the wound certificate, Ex.P7 is the discharge summary, Ex.P30 is the case sheet. As per the above documents, she sustained left superior pubic rami fracture multiple abrasions and hematoma scalp. She also examined the doctor as PW3 and he assessed the disability as 10% of the whole body. Therefore this Court finds it reasonable to take the disability as 10%. The loss of future earning capacity comes to Rs.9,000/-x12x18x10% = 1,94,400/-. 7. The tribunal granted Rs.13,600/- towards medical expenses as per Ex.P13 and Ex.P14 and the said amount is confirmed. She was an inpatient for 3 days. PW3 in his evidence stated that as per the radiological - 5 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 examination, there is swelling and tenderness over the left hip region, pelvic compression test positive and left SLR painful and x-ray shows mild malunion fracture left pubic rami and considered the disability at 10% to the whole body. 8. Considering the nature of injuries, period of hospitalization, her age and other relevant factors. This Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering and Rs.30,000/- for loss of amenities and the petitioner might not have attended any work atleast for a period of four months due to injuries sustained in the accident. Therefore, she is entitled to Rs.36,000/- for loss of income during laid-up period and she is also entitled to Rs.30,000/- for transportation, extra nourishment, and attending charges. 9. It is stated that due to the injuries sustained in the accident, she could not perform marriage; as such, this Court finds it reasonable to grant an amount of - 6 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 Rs.3,00,000/- towards loss of future prospects of marriage. 10. The total compensation comes to Rs.1,94,400/- +Rs.13,600/-+ Rs.60,000/- + Rs.30,000/- + Rs.36,000/- + Rs.30,000/- + Rs.3,00,000/- = Rs.6,64,000/-. 11. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 1,94,400.00 2. Medical expenses 13,600.00 3. Towards pain and sufferings 60,000.00 4. Loss of amenities 30,000.00 5. Transportation, extra nourishment and attending charges 30,000.00 6. Towards loss of income during laid up period. 36,000.00 - 7 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 7. Loss of future prospects of marriage 3,00,000.00 TOTAL 6,64,000/- 12. The Tribunal has awarded the compensation of Rs.2,03,200/- in MVC.No.4236/2015 but the appellant/claimant is entitled to total compensation of Rs.6,64,000/-. Compensation is enhanced from Rs.2,03,200/- to Rs.6,64,000/-. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.4236/2015 dated 20.04.2016 by the II Additional Small Causes Judge and XXVIII ACMM, Bengaluru is hereby modified holding that the claimant is entitled for total compensation of Rs.6,64,000/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.2,03,200/- before the tribunal. Therefore, the Insurance Company is directed to - 8 - HC-KAR NC: 2026:KHC:9102 MFA No. 6909 of 2016 deposit the enhanced compensation of Rs.4,60,800/- with interest at the rate of 6% p.a. within 1 month from the date of this order. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 82