- 1 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 532 OF 2026 (MV-I) BETWEEN: SMT. SUSHEELA H N W/O DEVARAJU NOW AGED ABOUT 32 YEARS RESIDING AT BADREGOWDANADODDI KOTTAGAL POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562117. …APPELLANT (BY SRI. GIRI MALLAIAH., ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE NO.20, EAST WING, 5TH FLOOR CENTINARY BUILDING, M.G.ROAD BENGALURU-560001 BY ITS MANAGER 2. MS. RAMYA .R D/O RANGASWAMI MAJOR (AGE R-2 NOT KNOW TO APPELLANT ) RESIDENT OF: HULUGONDANAHALLI VILLAGE MEDAMARANAHALLI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP., ADVOCATE FOR R1, V/O DATED 30.01.2026 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 14.11.2025 PASSED IN MVC NO.4183/2023ON THE FILE OF THE VII ADDITIONAL SCJ AND ACJM, MEMBER, MACT-3 BENGALURU, 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 challenging the judgment and award dated 14.11.2025 passed in MVC No.4183/2023 on the file of the VII Additional SCJ and ACJM, MEMBER, MACT-3 Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 3. The injured claimant met with an accident on 23.05.2023 and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,83,200/- along with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, this appeal is filed in which it is contended that the petitioner sustained fracture injuries which are grevious in nature and she also examined the doctor and doctor assessed the disability of the upper limb as 37% and that of the whole body as 12%. Learned counsel for the appellant contended that the Tribunal granted meager amounts under the other heads and loss of income during laid up period is granted only for one month, which is on lower side and thus requested for enhancement of the compensation. 5. Though petitioner stated that she was working as a helper in Kyavaposa Company and earning Rs.18,000/- per month, she has not filed any income proof. As she met - 4 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 with an accident in the year 2023 Tribunal has rightly considered the notional income as Rs.16,000/- per month and it is confirmed. The injured was aged 33 years and the relevant multiplier is 16. 6. The petitioner filed Ex.P5/wound certificate and also examined the doctor as PW2 and he stated that the petitioner sustained the fracture right scapula and Compression fracture L2, but she was treated conservatively and PW2 noted range of movement of shoulder and X-ray shoulder shows fracture, scapula mal united and assessed disability of the upper limb as 37% and whole body at 12%. In the cross examination, he admitted that he treated the petitioner personally and gave conservative treatment. There is vedge compression at L2 and she can do physical activity with some difficulty. He further admitted that for fracture of right scapula he has treated conservatively and no surgery was done and the two injuries are grievous in nature. He further stated that she requires no future surgery. Hence, disability is taken as 1/3rd of 37% i.e,. 12%. The loss of future - 5 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 earning capacity comes to Rs.16,000 x 12 x 16 x 12%= Rs.3,68,640/-. Considering the medical evidence, nature of injuries and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have done any other work at least for a period of 3 months, hence Rs.16000 x 3 = Rs.48,000/- is granted under the head loss of income during laid up period. 7. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 Hence, the compensation granted by tribunal is enhanced from Rs.3,83,200/- to Rs.5,36,640/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.11.2025 passed in MVC No.4183/2023 on the file of the VII Additional SCJ and ACJM, MEMBER, MACT-3 Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.5,36,640/- along with interest at 6% Sl. Nos. Particulars Amount in Rs. 1 Loss of future income 3,68,640 2 Pain and suffering 60,000 3 Loss of amenities 30,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 48,000 Total 5,36,640 - 7 - HC-KAR NC: 2026:KHC:20549 MFA No. 532 of 2026 p.a., from the date of petition till the date of realization, instead of Rs.3,83,200/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,53,440/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 58