- 1 - HC-KAR NC: 2026:KHC:29143 MFA No. 6717 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6717 OF 2016 (MV-I) BETWEEN: SMT SHOBHA N S W/O SRI SHIVALINGE GOWDA, AGED ABOUT 46 YEARS, R/AT NO, III CROSS, 10TH MAIN, IV STAGE, BASAVESHWARA NAGAR, BENGALURU – 560 079. …APPELLANT (BY SMT. SRIVIDHYA G.K., ADVPCATE FPR SRI. T N VISWANATHA., ADVOCATE) AND: 1. M/S. HDFC GENERAL INSURANCE CO. LTD., H M GENEVA HOUSE, II FLOOR, CUNNINGHAM ROAD, BENGALURU – 560 052. 2. MR SANDEEP Y R S/O RAJENDRA PRASAD, MAJOR, R/AT NO.6, I MAIN ROAD, OPP. VIDYA GANAPATHI TEMPLE, KAMALA NAGAR, BENGALURU – 560 079. …RESPONDENTS (BY SRI. D VIJAYAKUMAR, ADVOCATE FOR R1, R2 SERVED AND UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29143 MFA No. 6717 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.07.2016 PASSED IN MVC NO.4811/15 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING 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 22.07.2016 passed in MVC No.4811/15 on the file of the III Additional Senior Civil Judge and MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 23.08.2015 and filed claim petition claiming compensation of Rs.6,00,000/- . The Tribunal considering the entire evidence on record - 3 - HC-KAR NC: 2026:KHC:29143 MFA No. 6717 of 2016 granted an amount of Rs.1,12,000/- along with interest at the rate of 9% p.a., from the date of petition till realization. 4. Aggrieved by the said order, the injured preferred an appeal and mainly contended that she sustained grievous injuries. But the tribunal not granted adequate compensation towards conveyance, nourishment and attendant charges and further contended that the tribunal granted meager amounts under the other heads and tribunal ought to have taken laid up period for 4 months and requested the Court for enhancement of the compensation and to grant 9% interest, as per the citation reported in Dharampal and Others v. U.P. State Road Transport Corporation reported in (2008) 12 SCC 208. 5. The petitioner was aged 45 years working as Sub- Staff (Attender) at M/s. Mahila Co-operative Bank Ltd., Bangalore and drawing a salary of Rs.18,000/- per month. She filed salary certificate under Ex.P9 and she was continuing the job even after the accident. As such, she is not entitled for any amount under the head loss of future earning capacity. She was aged 45 years as per Ex.P11/Driving Licence and the - 4 - HC-KAR NC: 2026:KHC:29143 MFA No. 6717 of 2016 relevant multiplier is ‘14’. The petitioner filed Ex.P6/Wound Certificate and also examined doctor as PW2 and he stated in his evidence that the petitioner has sustained left frontal lobe hemorrhagic contusion with minimal sub arachnoid hemorrhage. She took treatment as an inpatient for a period of 8 days and filed Ex.P12/case sheet. The doctor has not assessed the disability, but he stated that the injury is grievous in nature. The frontal lobe hemorrhage contusion with minimals of anarchoid hemorrhage. Therefore, this Court finds that it is just and reasonable to grant an amount of Rs.40,000/- for pain and suffering. The Tribunal already granted Rs.40,000/- for loss of amenities and this court also finds that it is just and reasonable to grant Rs.30,000/- for transportation, extra nourishments and attendant charges. The Tribunal granted Rs.39,000/- towards loss of earnings during leave period, as she applied leave for 47 days and filed Ex.P10/leave record. The said amount is confirmed. It was further held that though petitioner stated that she incurred Rs.1,00,000/- towards medical expenses she has not filed any medical bills and the Tribunal observed that she might have got the same - 5 - HC-KAR NC: 2026:KHC:29143 MFA No. 6717 of 2016 reimbursed by the bank authorities, therefore no amount is granted towards medical expenses. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.1,12,000/- to Rs.1,49,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 40,000 2 Loss of amenities 40,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Loss of income during laid down period 39,000 Total 1,49,000 - 6 - HC-KAR NC: 2026:KHC:29143 MFA No. 6717 of 2016 ii. The judgment and award 22.07.2016 passed in MVC No.4811/15 on the file of the III Additional Senior Civil Judge and MACT, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.1,49,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,12,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.37,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 66