- 1 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2785 OF 2026 (MV-I) BETWEEN: SMT VASANTHA SHEKAR W/O. GUNASHEKAR M. AGED ABOUT 52 YEARS R/AT. NO.929, 32ND 'E' CROSS, CARMEL CONVENT SCHOOL, 4 TH 'T' BLOCK, JAYANAGAR, BENGALURU SOUTH, BENGALURU 560 041. APPELLANT (BY SRI. SREENIDHI P.,ADVOCATE) AND: 1. SRI NANDEESH D K C/O. KEMPE GOWDA NO.5/5, NEAR LIBRARY ROAD, THALAGATTAPURA, BENGALURU 560 062. (R.C.OWNER OF CAR BEARING REG. NO. KA-51-AD-0318) 2. UNITED INDIA INSURANCE COMPANY LIMITED KRISHIBHAVAN, 5TH AND 6TH FLOOR, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU 560 001. (INSURER OF CAR BEARING Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 REG. NO.KA-51-AD-0318 POLICY NO.0704053123P109032724 VALIDITY PERIOD- 30.10.2023 TO 29.10.2024). RESPONDENTS (BY SRI. AN KRISHNA SWAMY.,ADVOCATE FOR R2; V/O DTD 21.04.2026 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2025 PASSED IN MVC NO.4630/2024 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUES AND ACJM, MACT, BENGALURU, (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. 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 09.10.2025 passed in MVC.No.4630/2024 on the file of the learned VIII Additional Judge Court of Small Causes and ACJM and the Motor Accident - 3 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 Claims Tribunal (SCCH-5), Bengaluru, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 26.05.2024 and filed the claim petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.6,15,574/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner was aged 50 years, working as a tailor and earning Rs.22,000/- per month. She examined the doctor and doctor assessed the permanent disability of the right upper limb as 40%, whole body disability as 14%. But the Tribunal has erred in taking the same as 10% which is on lower side. The Tribunal granted meager amounts under the other heads and interest is - 4 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 to be granted at the higher rate and thus requested for enhancement of compensation. 4. Though the petitioner stated that she was earning Rs.22,000/- per month, she has not filed any income proof. As she met with accident in year 2024, her notional income is taken as Rs.16,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 50 years and the relevant multiplier is '13'. She filed Ex.P8 wound certificate, Ex.P10 discharge summary, Ex.P14 case sheet, Ex.P16 OPD book and Ex.P17 X-ray films. She examined the doctor as PW.3, he is an orthopedic surgeon. He stated that the petition sustained right proximal humerus fracture. She took internal fixation of proximal humerus. She complains of pain in right shoulder, difficulty to ablution lift weight over the head with right upper lib, combing putting on clothes, difficulty to do routine activities. Radiological examination shows fracture mal- united with implants in sittu. He further submits that she suffers permanent physical disability of 40% to the right upper limb and 14% to the whole body. She needs one more surgery for removal of implants. In the cross-examination, he admitted that he is not a treated doctor, he further stated that due to the - 5 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 fall right proximal humerus fracture may occur and physiotherapy may reduce the percentage of the disability. Considering that the Medical evidence on record, this Court finds it reasonable to take 1/3rd of 40% i.e., 13% disability instead of 10% which was taken by the Tribunal without any basis. Loss of future earning capacity come to Rs.16,500/- X 12 X 13 X 13% = Rs.3,34,620/-. The Tribunal has granted an amount of Rs.2,53,674/- towards medical expenses and the said amount is confirmed. She was admitted in the hospital for a period of 2 days. Considering the nature of injuries sustained, period of hospitalization, occupation, age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.40,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities, Rs.30,000/- towards transportation, food nourishment and attendant charges and Rs.20,000/- towards future medical expenses. The petitioner might not have attended any work at least for a period of three months. Therefore, she is entitled for an amount of Rs.49,500/- towards loss of income during laid up period. 5. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.7,47,794/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 09.10.2025 passed in MVC.No.4630/2024 on the file of the learned VIII Additional Judge Court of Small Causes and ACJM and the Motor Accident Claims Tribunal (SCCH-5), Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.7,47,794/- along with interest at 6% p.a., from Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 40,000/- 2. Towards loss of amenities 20,000/- 3. Towards transportation, food, nourishment 30,000/- 4. Towards loss of income during laid up period 49,500/- 5. Towards loss of future earning capacity 3,34,620/- 6. Medical expenses 2,53,674/- 7. Future medical expenses 20,000/- Total 7,47,794/- - 7 - HC-KAR NC: 2026:KHC:23992 MFA No. 2785 of 2026 the date of petition till the date of realization, instead of Rs.6,15,574/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,32,220/- along with the interest at the rate of 6% 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. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 57