- 1 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9404 OF 2025 (MV-I) BETWEEN: 1. SMT.SAHANA, W/O RAJESH S, AGED ABOUT 25 YEARS, RESIDING AT SANGANABASAVADODDI, MAYAGANAHALLI POST, KASABA HOBLI, RAMANAGARA TALUK, RAMANGARA DISTRICT - 562 128. …APPELLANT (BY SRI. K. SHANTHA RAJ, ADVOCATE) AND: 1. SRI BELLAIAH B, S/O LATE BASAVAIAH, AGED MAJOR, RESIDING AT SRIRAMAHALLI VILLAGE, KASABA HOBLI, HEGGADADEVANAKOTE TALUK, H.D.KOTE, MYSORE DISTRICT - 562 163. 2. THE MANAGER, UNIVERSAL SAMPO GEN.INS.LTD., NO.7, 2ND FLOOR, SHAN COMPLEX, 9TH MAIN, 6TH BLOCK, JAYANAGARA, BENGALURU - 560 041. …RESPONDENTS (BY V/O/D 05.01.2026 NOTICE TO R1 IS D/W; SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R2) Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 28.06.2025 PASSED IN MVC NO.364/2023 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT RAMANAGARA 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 28.06.2025 passed in MVC.No.364/2023, by the Additional Motor Accidents Claims Tribunal and I Additional Senior Civil Judge and JMFC, Ramanagara, seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. Notice to respondent No.1 is dispensed with. - 3 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 3. The petitioner/injured claimant met with an accident on 15.09.2023 and filed a petition before the Tribunal claiming compensation of Rs.25,00,000/-. The Tribunal, after considering the entire evidence on record, granted compensation of Rs.8,59,000/- with interest at the rate of 6% p.a. from the date of filing of the petition till the date of deposit. Being aggrieved by the said judgment and award, the present appeal is filed mainly contending that the petitioner/injured, aged about 23 years, was working as tailor cleaner and was also engaged in milk wending business, earning Rs.25,000/- per month. However, the Tribunal has taken her income only at Rs.16,000/- per month. She was an inpatient for 20 days and had spent Rs.5,00,000/- towards medical expenses. The Tribunal examined PW.2-Doctor, who assessed 43% disability to the limb and 15% to the whole body. It is contended that there is no justification for taking 1/3rd of disability, as her earning capacity has been completely diminished. She cannot continue her earlier work, namely - 4 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 tailoring and dairy work. Therefore, considering the disability as 43%, future prospects ought to have been added, and the disability taken by the Tribunal at the rate of 15% is on the lower side. It is further contended that there is no provision under Motor Vehicles Act or the Rules stating that 1/3rd of the disability is to be taken for the calculation of loss of future earnings. The amount granted under the other heads is also on the lower side. Hence, enhancement of compensation is sought, and the interest at the rate of 12% p.a. is also prayed for. 4. Learned counsel for the respondent No.2 contended that the limb disability was assessed at 43% and whole body disability at 15%. Therefore, the Tribunal has rightly considered 15% whole body disability as assessed by the doctor and the same does not call for interference. 5. Though it is stated that the petitioner/injured was earning Rs.25,000/- per month, she has not produced any documentary proof of income. Since the accident - 5 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 occurred in the year 2023, her notional income is taken as Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 23 years and the applicable multiplier is ‘18’. The petitioner/injured sustained fracture of mid-shaft of the right leg (puncture wound measuring 2cm x 2cm), as per original fracture report, which shows both bones of the proximal and middle third displaced fracture of the shaft of the right leg with medial malleolus undisplaced fracture. Further, on 16.09.2023, interlocking nailing with screw fixation of the right leg and ankle was performed. PW.2 has stated that the fracture of the right leg has united; however, she has pain and stiffness of right ankle and had developed infection in the right leg, which healed with multiple dressings, and has a dark hyper-pigmented dark healed scar in her right leg. On examination, the petitioner has difficulty in kneeling, squatting, sitting cross-legged and climbing stairs and - 6 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 slopes. The doctor has assessed the whole body disability at 15%. 6. Learned counsel for the appellant contended that she is not in a position to continue her previous work and therefore the disability of 43% ought to be considered. However, there is no material placed before the Court to show that prior to the accident she was doing tailoring work and dairy farming and that due to the injuries sustained in the accident she is unable to continue the said work. In the absence of such evidence, the Tribunal has rightly considered the notional income and the whole body disability at 15%. Therefore, the argument of the learned counsel for the appellant cannot be accepted. 7. Therefore, the loss of future earning capacity comes to Rs.5,18,400/- (16,000×12×18×15%). The petitioner was hospitalized for a period of 20 days and incurred medical expenses of Rs.1,70,363/- as per the relevant documents, and the said amount is confirmed. Considering the nature of injuries, the period of - 7 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 hospitalization and other relevant factors, this Court finds it reasonable to grant a sum of Rs.75,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended any work for a period of four months. The Tribunal has granted Rs.64,000/- towards loss of income during the laid-up period and the same is confirmed. 8. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Loss of future earning capacity 5,18,400/- 2. Medical expenses 1,70,363/- 3. Pain and suffering 75,000/- 4. Loss of amenities 35,000/- 5. Transportation, extra nourishment and attendant charges 40,000/- 6. Loss of income during the laid-up period 64,000/- Total 9,02,763/- - 8 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.9,02,763/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 28.06.2025 passed in MVC.No.364/2023 on the file of the Additional Motor Accidents Claims Tribunal and I Additional Senior Civil Judge and JMFC, Ramanagara, is modified. iii. The claimant is entitled to a sum of Rs.9,02,763/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,59,000/- granted by the tribunal. - 9 - HC-KAR NC: 2026:KHC:14546 MFA No. 9404 of 2025 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.43,763/- 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 KVR List No.: 1 Sl No.: 52