- 1 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 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. 818 OF 2025 (MV-I) BETWEEN: THE MANAGER UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., 3RD FLOOR, KVV SAMRAT, NO. 217/A, 3RD MAIN ROAD, RING ROAD, KASTHOORI NAGAR, BENGALURU - 560 043. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. GIRIJA MOGERTHI W/O JATTU YANE RAMA, AGED ABOUT 78 YEARS, R/O 1-136, HALNADU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. 2. THEJARAJA SHETTY S/O SATHISH KUMAR SHETTY, AGED ABOUT 41 YEARS, R/O MUDUMUNDA, BELLALA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. 3. BHARATHI SHEDTHY W/O SATHISH KUMAR SHETTY, AGED ABOUT 61 YEARS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 R/O MUDUMUNDA, BELLALA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SMT. GIRIJA MOGERTHI, R1 - SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.09.2024 PASSED IN MVC NO.540/2020 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), AWARDING COMPENSATION OF RS. 3,73,508/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A. FROM THE DATE OF PETITION TILL PAYMENT. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the insurer challenging the quantum of compensation awarded in the Judgment and Award dated 10.09.2024 passed in MVC No.540/2020 by Additional District Judge and Additional MACT, Udupi, (sitting at Kundapura). 2. Even though the matter is listed today for orders/admission, with the consent of both the learned - 3 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 counsel for appellant/insurer and learned counsel for respondent No.1, the matter is taken up for disposal. 3. Heard the learned counsel for the appellant/insurer and learned counsel for respondent No.1. 4. Learned counsel for the appellant/insurer would contend that, the Doctor has stated disability of the claimant at 30% of particular limb and the Tribunal has taken disability to the whole body at 20% and it is on higher side and the Tribunal ought to have taken 1/3rd of 30% i.e., 10%. The injured in her evidence has stated that, she was getting income of Rs.9,000/-. Inspite of that, the Tribunal has taken the income of Rs.11,045/-. With these he prayed to allow the appeal. 5. Inspite of service of notice, respondent No.1/claimant remained absent and unrepresented. 6. Respondent No.1/claimant has filed a claim petition for injury sustained by her in a road traffic - 4 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 accident took place on 24.01.2020 and contending that the accident occurred due to rash and negligent driving by the driver of Maruthi Breeza car bearing registration No.KA-20-MC-2472. 7. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: 1. Loss of future income arising out of permanent disability Rs. 1,32,540/- 2. Loss of income during the period of treatment Rs. 66,270/- 3. Medical bill, conveyance, nutrition and attending charges Rs. 1,19,698/- 4. Pain and suffering Rs. 25,000/- 5. Loss of amenities Rs. 30,000/- Total Rs. 3,73,508/- 8. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed the appellant/insurer to deposit the compensation amount with interest. - 5 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 9. The appellant/insurer challenging the quantum of compensation has filed the present appeal. 10. Having heard both the learned counsel for appellant/insurer, the Court has perused the impugned Judgment and Award. 11. The Doctor has been examined as P.W.2 who has stated that there is an amputation of three fingers of right leg of the claimant and damage to her skin, tendons and movements of her ankle of right lower limb. Considering the avocation of the claimant as coolie work, even though the Doctor has stated that the 30% disability of particular limb, the Tribunal has taken the disability at 20% of the whole body. Considering the fact that the claimant is aged seventy three (73) years and avocation as coolie work, the disability is to be taken at 10% as it is 1/3rd of disability of lower limb. Therefore, the disability is to be taken at 10% to the whole body. - 6 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 12. Even though, the claimant in her evidence stated that, she was working and earning Rs.9,000/-. The Tribunal has taken the income at Rs.11,045/- by considering the minimum wages. The accident occurred in the year 2020 and as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the said year is Rs.14,500/- and the notional income is to be taken as against Rs.11,045/- taken by the Tribunal. The Tribunal has awarded loss of income during laid up period for six months and it is to be re-calculated taking the income at Rs.14,500/-. Considering the above aspect, the claimant is entitled to loss of future income as under: 14,500 X 12 X 5 X 10% = 87,000/- 13. The claimant is entitled to loss of income during laid up period for six months i.e., Rs.87,000/- (14,500 X 6). - 7 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 14. The Tribunal has rightly awarded the medical expenses, pain and suffering and loss of amenities. 15. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Compensation Heads Amount 1. Loss of future income Rs. 87,000/- 2. Loss of income during laid up period Rs. 87,000/- 3. Medical expenses Rs. 1,19,698/- 4. Pain and suffering Rs. 25,000/- 5. Loss of amenities Rs. 30,000/- Total Rs. 3,48,698/- 16. The claimant is entitled to total compensation of Rs.3,48,698/- as against Rs.3,73,508/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 17. The appellant/insurer is liable to pay the said compensation amount with interest. 18. In view of the above, the following: - 8 - HC-KAR NC: 2026:KHC:32495 MFA No. 818 of 2025 ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The claimant is entitled to total compensation of Rs.3,48,698/- as against Rs.3,73,508/-/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. iii) The appellant/insurer shall deposit the entire compensation amount with interest before the Tribunal (excluding the amount already deposited) 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) If there any excess amount deposited by the appellant/insurer, the Tribunal shall refund the same to the appellant/insurer. v) Registry is directed to transmit the amount in deposit to the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 5