- 1 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6262 OF 2023 (MV-I) BETWEEN: 1. SMT. LAKSHMIDEVI @ VENKATALAKSHMI D/O LAKSHMAPPA AGED ABOUT 22 YEARS R/OF JANATHA COLONY, SULIBELE HOSKOTE TALUK BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI KAILAS SHANKAR P S, ADVOCATE) AND: 1. SRI MUNIRAJU K M S/O MUNIYAPPA, MAJOR R/OF No.40, KAMMASANDRA VILLAGE HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. 2. THE MANAGER HDFC ERGO GEN. INSURANCE CO. LTD., REGIONAL OFFICE No. 25/1, 2ND FLOOR BUILDING No. 2, SHANKARANARAYANA BUILDING No. 1, M.G. ROAD BANGALORE – 560 001. …RESPONDENTS (BY SRI H S LINGARAJ, ADVOCATE FOR R2 V/O DTD. 22.09.2023 NOTICE TO R1 D/W) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2023 PASSED IN MVC No.2240/2020 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER - MACT, BENGALURU (SCCH-5), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 12.01.2023 passed in MVC No.2240/2020 by VII Additional Small Causes Judge and M.A.C.T., Bengaluru (SCCH-5) 2. Even though the matter is listed today for admission, with the consent of the learned counsels appearing for both parties, the matter is taken up for disposal. 3. The appellant - claimant made a claim petition seeking award of compensation for the injury sustained by - 3 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 him in a road traffic accident which took place on 03.03.2020 contending that the accident occurred due to rash and negligent driving of the driver of the LGV bearing registration No.KA-53/D-2385. The Tribunal recorded the evidence and appreciating the evidence, assessed compensation under different heads as under: SL. No. Head of Compensation Amount in Rs. 1. Loss of future income 1,87,920-00 2. Pain and sufferings 15,000-00 3. Conveyance, nourishment and attendant charges 15,000-00 4. Medical Expenses 8,990-00 5 Loss of amenities in life 15,000-00 6. Loss of income during laid up period 14,500-00 Total 2,56,410-00 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.1 - Insurer to pay the compensation amount with interest. The claimant filed the present appeal seeking enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 5. Heard the learned counsel for appellant and learned counsel for respondent No.1 - Insurer. 6. Learned counsel for the appellant would contend that the claimant has sustained right interior pubic rami fructure, right iscennic anterior acetablar fracture and right greater trochanteric of femur avulsion fracture. P.W.2 -the doctor, who has treated the claimant and assessed the disability of lower limb at 34% and whole body at 11%. The tribunal has erred in taking disability at 6%. The compensation awarded for pain and suffering, loss of income during laid up period, loss of amenities are on lower side. With these, he prayed to allow the appeal and enhance the compensation awarded by the tribunal. 7. Learned counsel for respondent No.1 –insurer would contend that the disability taken by the Tribunal and compensation awarded on all heads are just and proper and there are no grounds for enhancement. With these, he prays to dismiss the appeal. - 5 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 8. Having heard learned counsels, the Court has perused the impugned judgment and award. 9. Ex.P4 - Wound Certificate and Ex.P6 - Discharge Summary indicates that the following injuries are sustained by the claimant; a) Right interior pubic rami fructure, b) Right iscennic anterior acetablar fracture c) Right greater trochanteric of femur avulsion fracture P.W.2 -Doctor, who has examined the injured and assessed the disability has stated that the disability to the lower limb is at 34% and the whole body at 11%. The Tribunal has erred in taking disability to the whole body at 6%. Therefore, the disability is to be taken at 11% to the whole body. The Tribunal has rightly taken the notional income of the claimant at Rs.14,500/- and applied multiplier '18'. The claimant is entitled compensation under the head 'loss of future income' is calculated as under: - 6 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 Rs.14,500/- x 12 x 18 x 11% = Rs.3,44,520/-. 10. Considering the injuries noted supra, the compensation awarded by the Tribunal for pain and suffering requires to be enhanced from Rs.15,000/- to Rs.90,000/-, loss of amenities from Rs.15,000/- to Rs.50,000/-. The claimant has been admitted in the hospital for 13 days, she is entitled to conveyance, attendant charges in sum of Rs.13,000/- as against Rs.15,000/- awarded by the Tribunal. The Tribunal has awarded loss of income during laid up period for 01 month. Considering the fractures sustained, the claimant has take rest at least for a period of 03 months and therefore, she is entitled to loss of income during laid up period for 03 months in a sum of Rs.43,500/- (Rs.14,500/- X 3 months). The Tribunal has rightly awarded the medical expenses of Rs.8,990/-. - 7 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 11. Considering the above aspect, the claimant is entitled to total compensation under different heads as under: SL. No. Head of Compensation Amount in Rs. 1. Loss of future income 3,44,520/- 2. Pain and sufferings 90,000/- 3. Conveyance, nourishment and attendant charges 13,000/- 4. Medical Expenses 8,990/- 5 Loss of amenities in life 50,000/- 6. Loss of income during laid up period 43,500/- Total 5,50,010/- 12. The claimant is entitled to total compensation of Rs.5,50,010/- as against Rs.2,56,410/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.2,93,600/- (Rs.5,50,010 - Rs.2,56,410) with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.1 - Insurer is liable to pay enhanced compensation amount with interest. - 8 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 13. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant - claimant is entitled to enhanced compensation of Rs.2,93,600/- with interest at the rate of 6% per annum from the date of petition till realization. iii) Respondent No.1 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The appellant - claimant is entitled to release of entire enhanced compensation amount. - 9 - HC-KAR NC: 2026:KHC:32418 MFA No. 6262 of 2023 v) The appellant - claimant is not entitled to interest for the delay period of 140 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 47