- 1 - HC-KAR NC: 2026:KHC:12141 MFA No. 4747 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4747 OF 2024 (MV-I) BETWEEN: 1. SRI VANAJAKSHI W/O GOPAL, AGED ABOUT 47 YEARS, R/AT NO.63, SOCIETY ROAD, AVALAHALLI NEAR MARIYAMMA TEMPLE, GOVT ELECTRIC FACTORY, BENGALURU SOUTH, BENGALURU-560026 …APPELLANT (BY SRI. MAHADEVA SWAMY P.,ADVOCATE) AND: 1. THE MANAGER SHRIRAM TRANSPORT, NO.395, SRI JAYALAKSHMI COMPLEX, ITPL, WHITE FIELD ROAD, HOODI, BENGALURU-560048 2. THE MANAGER IFFCO TOKIO GEN INS CO LTD., NO.141, 5TH FLOOR, SHANTHI TOWERS, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12141 MFA No. 4747 of 2024 NGEF LAYOUT, KASTURINAGAR, BENGALURU-560043 …RESPONDENTS (BY SRI.B.PRADEEP., ADVOCATE FOR R2) (V/O DATED 22.04.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2024 PASSED IN MVC NO.2737/2023 ON THE FILE OF THE II ADDITIONAL JUDGE, ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL 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. This appeal is filed by the appellant/claimant challenging the judgment and award dated 20.04.2024 passed in MVC No.2737/2023, passed in common judgement and award in MVC.No.2737/2023 C/W MVC.No.3422/2023 by the II Additional Judge and ACMM, Court of Small Causes, Bengaluru (hereinafter referred to - 3 - HC-KAR NC: 2026:KHC:12141 MFA No. 4747 of 2024 as 'the Tribunal' for short) seeking enhancement of compensation. 3. The injured/claimant met with an accident on 02.04.2023 and filed a claim petition claiming compensation of Rs.70,00,000/-. Tribunal considering the entire evidence on record granted Rs.52,58,606/- with interest at the rate of 6% within 1 month from the date of this order. 4. Aggrieved by the said award, she preferred an appeal and mainly contended that she was aged 46 years and working as a tailor and earning Rs.25,000/- per month. But the tribunal has taken her notional income as Rs.16,000/- per month. Appellant/claimant examined the doctor as PW2. As it is the case of amputation, he assessed the disability as 40%, but her functional disability is to be taken as 100%. The tribunal has granted Rs.16,80,606/- as per the documents, and it is on the lower side. Amounts granted under the other heads are - 4 - HC-KAR NC: 2026:KHC:12141 MFA No. 4747 of 2024 meager and thus requested for enhancement of the compensation. 5. Though it is stated that the petitioner was a tailor and earning Rs.25,000/- per month she has not filed any income proof. As she met with an accident in 2023, the tribunal has rightly considered her notional income as Rs.16,000/- per month, and it needs no interference. She was aged 47 years and the multiplier applicable is '13' and she examined the doctor as PW2 and he stated that she sustained crush injury of left leg and foot (mangled) from mid 3rd of leg upto the foot. Bones in the area fractured. Muscles vessals and nerves lacerated skin loss present exposing the underlying structures, fracture shaft of left femur, fracture of right leg both bones. 6. Based on the disability, tribunal has taken 80% disability and this Court finds no reason to interfere with the said award. The loss of future earning capacity comes to Rs.2,40,000/- X 13 X 80% = Rs. 24,96,000/-. - 5 - HC-KAR NC: 2026:KHC:12141 MFA No. 4747 of 2024 7. As per the relevant medical bills filed before the tribunal, tribunal has rightly granted Rs.16,80,606/- towards medical expenses and it is confirmed. She was hospitalised for a period for 42 days. Considering the said aspect, the tribunal granted Rs.1,50,000/- towards pain and sufferings, Rs.50,000/- for loss of amenities, and Rs.50,000/- for transportation, extra nourishment and attending charges. The tribunal granted meager amounts under the other heads. The order passed by the tribunal is confirmed in toto and there are no merits in the appeal. Accordingly, I pass the following order: ORDER The appeal is dismissed. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1