- 1 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 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. 1919 OF 2024 (MV-I) BETWEEN: 1. SUNEETHA KATTI S/O NARAHARI KULAKARNI AGED ABOUT 38 YEARS RESIDING AT No.36, SIDEDAHALLI NAGASANDRA BANGALORE - 560 073. …APPELLANT (BY SRI SATHISHA T, ADVOCATE) AND: 1. SRI RAVIKUMAR S/O LATE LAKSHMIPATHAIAH KOTE, SOLUR VILLAGE, MAGADI RAMANAGARA - 562 127. 2. THE MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., No.4, 1ST FLOOR, CSR COMPLEX BILEKAHALLI, DEVARACHIKKANA HALLI MAIN ROAD, NEAR TO KARNATAKA BANK LTD., BANGALORE – 560 076. …RESPONDENTS (BY SRI S KRISHNA KISHORE, ADVOCATE FOR R2 V/O DTD. 6.1.2026, NOTICE TO R1 D/W) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.03.2023 PASSED IN MVC No.3468/20210 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 15.03.2023 passed in MVC No.3468/2021 by the IX Addl.Small Causes Judge, Court of Small Causes, Member, MACT-7, Bengaluru. 2. Even though this matter is listed today for admission, it is taken up for disposal with the consent of learned counsel appearing for appellant and learned counsel for respondent No.2. 3. The appellant/claimant filed a claim petition seeking award of compensation for the injuries sustained - 3 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 by him in a road traffic accident took place on 21.06.2021 contending that the accident occurred due to rash and negligent driving of the rider of the motor cycle bearing KA-52-R-8672. The Tribunal recorded the evidence, appreciating the evidence on record assessed the compensation and awarded compensation under different heads as under: Sl.No. Heads Amount 1. Towards pain and sufferings 75,000/- 2. Towards medicine and hospital bill 1,48,869/- 3. Towards loss of amenities 50,000/- Total 2,73,869/- 4. The Tribunal has also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2 – insurer to pay the award amount with interest. The claimant has filed the present appeal seeking enhancement of compensation awarded by the Tribunal. - 4 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 5. Heard the learned counsel for the appellant/claimant and learned counsel for respondent No.2/insurer. 6. Learned counsel for the appellant would contend that the compensation awarded towards pain and suffering and loss of amenities is on lower side considering the fractures sustained by the claimant. The Tribunal has erred in not awarding loss of income during laid up period since she has availed earned leave for 21 days. The interest awarded by the Tribunal @ 6% p.a. is on lower side and the Tribunal ought to have awarded 12%. With this he prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. 8. Having heard the learned counsel, the Court has perused the impugned judgment and award. - 5 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 9. The claimant has sustained fracture of both bones of her left leg. The claimant was working as an Assistant Teacher in Government High School. The Tribunal based on Ex.P13, salary slip held that the claimant’s monthly income is Rs.80,878/-. The Tribunal even though has given finding that the claimant has availed her earned leave for 21 days, has not awarded compensation for loss of income during laid up period on the ground that she has not lost any income. The claimant losing her 21 days of her earned leave itself indicate that he has lost income for 21 days since the earned leave is encashable. Considering the said aspect the claimant is entitled to loss of income during laid up period for 21 days and considering the income of the claimant at Rs.80,878/- p.m., the loss of income during laid up period comes to Rs.56,616/-. Therefore, the claimant is entitled to loss of income during laid up period for 21 days in a sum of Rs.56,616/-. Considering that the claimant has sustained two fractures, the compensation awarded for pain and suffering in a sum - 6 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 of Rs.75,000/- and loss of amenities of Rs.50,000/- is just and proper. The Tribunal has rightly awarded medical expenses in a sum of Rs.1,48,869/-. 10. Considering the above aspect, the claimant is entitled for enhanced compensation of Rs.56,616/- rounded off to Rs.56,620/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the enhanced compensation with interest. 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.56,620/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the said enhanced amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. - 7 - HC-KAR NC: 2026:KHC:32427 MFA No. 1919 of 2024 from this day till payment/deposit of enhanced compensation amount. iv) The appellant-claimant is entitled to release of entire enhanced compensation. v) The appellant-claimant is not entitled to interest for delay period of 250 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 51