- 1 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5732 OF 2017 (MV-I) BETWEEN: SAKAMMA W/O. KALLAPPA, AGED ABOUT 53 YEARS, HOUSEWIFE, R/O. NEETHIGERE VILLAGE, CHANNAGIRI TALUK-577 213, DAVANAGERE DISTRICT. …APPELLANT (BY SRI. SHASHIDHARA R., ADVOCATE) AND: 1. NAGARAJ S/O. SHEKRAPPA, MAJOR, OWNER OF THE CAR BEARING NO.KA-17/N-4433, R/O. HOSABANNIHATTI VILLAGE, CHANNAGIRI TALUK-577 213, DAVANAGERE DISTRICT. 2. THE GENERAL MANAGER NATIONAL INSURANCE CO. LTD., 1ST FLOOR, S.S. COMPLEX, B.H. ROAD, SHIVAMOGGA-577 201. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 (BY SRI. K. KISHOR KUMAR REDDY, ADVOCATE FOR R2; V/O DATED 06.09.2022, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2017 PASSED IN MVC NO.837/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC ADDITIONAL MACT AT CHANNAGIRI, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award passed in MVC No.837/2014 by the Court of the Senior Civil Judge and A.M.A.C.T. at Channagiri (for short, 'the Tribunal') dated 12.01.2017 for enhancing the compensation. 2. Heard the arguments of learned counsel appearing for the appellant and respondent No.2. Notice to respondent No.1 is dispensed with. - 3 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 3. The injured claimant met with an accident on 24.06.2014 and filed a claim petition before the Tribunal claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.28,000/- with interest at the rate of 9% p.a., from the date of petition till its realization. Aggrieved by the said order, the appellant preferred an appeal. 4. Learned counsel for the appellant submitted that the Tribunal has awarded a meager amount. It is further submitted that the injured was admitted to the Hospital for a period of 9 days and she has been examined by the Doctor and the Doctor has assessed the disability at 38%, but it was not considered by the Tribunal on the ground that he is not the treated Doctor. Hence, he sought for enhancement of the compensation. 5. Learned counsel for the respondent No.2 submitted that PW.1 herself has admitted that PW.2-the Doctor, had never treated her. It is further submitted that - 4 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 the assessment of disability is excessive and she has not filed any document to show that she was an inpatient for a period of 9 days. Hence, he prayed to dismiss the appeal. 6. The petitioner has stated that she was a housewife and met with the accident in the year 2014. Therefore, this Court finds it just and reasonable to assess her notional income at Rs.8,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. As she was aged 50 years at the time of the accident, the relevant multiplier is '13'. 7. The petitioner has produced the wound certificate, marked at Ex.P3. On her behalf, PW.2-the Doctor, was examined to assess the disability and he stated that the petitioner had sustained a fracture of L1 Vertebra and lower end of left radius. It is stated that she took treatment from the hospital as she complains pain in the left wrist mid-back difficulties in sitting for long time and doing hard work. On-examination, deformity and - 5 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 tenderness over the L1 vertebra and Left wrist movements of spine flexion:30:movement of left wrist dorsiflexion: 20: On the same day, took X-ray and given disability certificate. As per the disability certificate, the petitioner had suffered 38% permanent disability to the whole body. The Doctor has assessed the disability at 38% to the whole body. The limb disability is not given. He has stated it is whole body disability. Hence, this Court finds it just and reasonable to assess the disability at 20% considering the nature of injuries sustained by her. 8. Though the petitioner has stated that she was an inpatient for a period of 9 days, she has not filed the discharge summary to support her contention. Admittedly, she sustained fracture injuries and this Court finds it reasonable to assess the disability at 20%. As the disability is 20%, she is entitled for future prospects as per the decision reported in the case of New India Assurance Company Limited v. Abdul S/o. Mehabood Tahasildar and others [MFA No.103807/2016 c/w. - 6 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 103835/2016, disposed on 27.05.2022] and she was aged 50 years, the future prospects is to be taken as 25%. So, the 'loss of future earning capacity' comes to Rs.3,31,500/- [(Rs.8,500/- + 25%) X 12 X 13 X 20%]. 9. The Tribunal granted Rs.3,000/- towards 'medical expenses' and the said amount is confirmed. 10. Considering the nature of injuries, this Court finds it just and reasonable to grant an amount of Rs.15,000/- towards 'pain and suffering', Rs.15,000/- towards 'loss of amenities' and 'Rs.15,000/-' towards 'transportation, extra nourishment and attendant charges'. 11. Petitioner might not have attended any other work atleast for a period of two months due to the injuries sustained in the accident. Therefore, ₹17,000/- (8,500 x 2) is granted under the head 'loss of income during laid up period'. 12. Thus in all, award of compensation passed by the Tribunal is modified as under: - 7 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 13. Hence, the compensation is enhanced from Rs.28,000/- to Rs.3,96,500/- along with interest at the rate of 6% per annum from the date of petition till the date of deposit. 14. In the result, the following order is passed: ORDER i. Appeal is allowed-in-part. ii. The judgment and award dated 12.01.2017 passed in MVC No.837/2014 by the Senior Particulars Amount in Rs. Pain and suffering 15,000.00 Loss of amenities 15,000.00 Transportation, extra nourishment and attendant charges 15,000.00 Medical and other incidental charges 3,000.00 Loss of income during laid up period 17,000.00 loss of future earning capacity 3,31,500.00 Total 3,96,500.00 - 8 - HC-KAR NC: 2026:KHC:32524 MFA No. 5732 of 2017 Civil Judge & A.M.A.C.T. at Channagiri, is modified; iii. The appellant is entitled to an enhanced compensation of Rs.3,68,500/- along with interest at 6% p.a. from the date of petition till the date of deposit as against Rs.28,000/-. iv. Respondent No.2 is directed to deposit the said amount within one month from the date of this order. v. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. vi. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE VBS List No.: 1 Sl No.: 18