- 1 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2479 OF 2020(MV-I) BETWEEN: PADMASHREE AGED ABOUT 43 YEARS W/O SHABARNATH RAO R/O NO 15TH 2ND CROSS N BLOCK, KUVEMPUNAGARA MYSORE-570012. …APPELLANT (BY SRI.PRASANNA.K, ADVOCATE) AND: 1. THE MANAGING DIRECTOR K S R T C, PUTTUR DEPOT PUTTUR TALUK DAKSHINA KANNADA DISTRICT-574201. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD DIVISIONAL OFFICE, 4TH FLOOR FORTUNE OPP. ATHENE HOSPITAL AVERY JUNCTION, FALNIR, MANGALORE DAKSHINA KANNADA DISTRICT-575001. …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R1: NOTICE TO R1 IS DISPENSED WITH V/O DATED: 01.02.2023) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.09.2019 PASSED IN MVC NO.658/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER AMACT, XI D.K.MANGALURU, SITTING AT PUTTUR, PARTLY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.1,23,126/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured, is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1 Pain and sufferings 25,000 2 Medical expenses 25,126 3 Loss of income during laid up period 25,000 4 Special diet nutrition and attendants charges 8,000 - 3 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 5 Traveling expenses 10,000 6 Future medical expenses 20,000 7 Loss of amenities in life 10,000 Total 1,23,126 4. It is the primary contention of the learned counsel appearing for the appellant-claimant that the Tribunal has erred in not granting any compensation on the head of ‘future loss of income’ for the reason that the claimant failed to place any records to show that due to the injuries and disability, her earning capacity was reduced. By placing reliance on the evidence of PW2, the doctor, and Ex.P14, the Disability Certificate, he submits that the claimant has sustained 15% permanent disability and the same was stated in the testimony of PW2. He also contends that in the other heads, the Tribunal has awarded a meager compensation. As such, he prays to allow the appeal by enhancing the compensation on all the heads. - 4 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 5. Per contra, learned counsel appearing for the respondent No.2-Insurance Company by supporting the impugned award, submitted that the Tribunal upon appreciation of the entire evidence on record has awarded just and reasonable compensation. According to her, since the claimant is engaged in the work of counseling, she failed to demonstrate that due to the accident or the disability, she lost the earning capacity or the same was reduced. In such circumstances, as per the disability certificate and the wound certificate, the nature of injuries will not come in the way of continuing her work. As such, the Tribunal is justified in not awarding any compensation on the account of ‘future loss of income’. Further, the compensation awarded by the Tribunal under other heads are just compensation. Hence, she prays to dismiss the appeal. 6. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. - 5 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 7. Having given my anxious consideration both on the submission and on perusal of the entire materials on record, the accident in question and the coverage of the insurance policy to the offending vehicle, are not in dispute. The only point for consideration in this appeal is with regard to enhancement of the compensation. 8. PW2, the doctor, in his evidence has stated that the petitioner has sustained 15% disability to a particular limb. No doubt, the said doctor is not a treated doctor. The Tribunal has opined that due to the injuries, the earning capacity of the claimant was not reduced. However, the evidence of the claimant, PW1, clearly depicts that due to the injuries, she is unable to carry weight and to perform her daily routine activities. As such, the same has caused adverse effect on her earning capacity. The said evidence of the claimant was not discarded by the Insurance Company by placing any relevant evidence or material before the Tribunal. In such circumstances, the evidence of PW1 remains unchallenged. In my considered view, the - 6 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 Tribunal has erred in not awarding any compensation on the account of 'future loss of income'. 9. The accident is of the year 2015. Since the petitioner has failed to place any authenticated or reliable documents to prove the income, it is appropriate to take the notional income as per the Karnataka State Legal Services Authority i.e. Rs.9,000/- per month. The injured was aged 41 years. The appropriate multiplier would be ‘14’. PW2's evidence depicts that the claimant sustained 15% permanent disability and one-third of the same has to be considered as whole body disability for the purpose of determining compensation under the head of 'future loss of income’, which comes to 5%. Thus, on the head of 'future loss of income', the petitioner is entitled for a sum of Rs.75,600/- (Rs.9,000 x14x12x5%). 10. The Tribunal has awarded compensation of Rs.25,000/- on the head of ‘pain and sufferings’. Considering the nature of injuries sustained and long - 7 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 standing effect of the injuries, the same has to be enhanced to Rs.40,000/-. 11. The Tribunal has awarded Rs.25,126/- towards ‘medical expenses’, which is based on the medical bills produced by the claimant. Hence, the same has to be retained. 12. The Tribunal has awarded Rs.25,000/- under the head of ‘loss of income during the laid-up period’. The nature of injuries suggests that claimant must have been under rest and treatment for a period of 3 months. Thus, the claimant is entitled to a sum of Rs.27,000/- (Rs.9,000 x3 months) under the said head. 13. The compensation of Rs.8,000/- awarded by the Tribunal under head of ‘special diet, nutrition and attainment charges’ and Rs.10,000/- under the head of ‘traveling expenses’ remain unaltered as the same are proper and adequate. - 8 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 14. Under the head of ‘future medical expenses’, the Tribunal has awarded Rs.20,000/-. By considering the evidence of doctor, the same has to be enhanced to another Rs.10,000/- i.e., Rs.30,000/-. 15. The compensation under the head of 'loss of amenities' is concerned, the Tribunal has awarded Rs.10,000/-. Considering the nature and injuries and other aspects, the same has to be enhanced to another Rs.15,000/- i.e., Rs.25,000/-. 16. Thus, the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1 Pain and sufferings 25,000 40,000 2 Medical expenses 25,126 25,126 3 Loss of income during laid up period 25,000 27,000 4 Special diet nutrition 8,000 8,000 - 9 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 and attendants charges 5 Traveling expenses 10,000 10,000 6 Future medical expenses 20,000 30,000 7 Loss of amenities in life 10,000 25,000 8 Future loss of income 0 75,600 Total 1,23,126 2,40,726 17. In the result, the following order is passed: ORDER a) The appeal is allowed in part. b) The judgment and award of the Tribunal is modified. c) The claimant is entitled to a total compensation of Rs.2,40,726/- as against Rs.1,23,126/- awarded by the Tribunal. d) In view of judgment of the Division Bench of this Court in the case of Ms.Joyeeta Bose and others – v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on - 10 - HC-KAR NC: 2026:KHC:33971 MFA No. 2479 of 2020 24.8.2020), the enhanced compensation shall carry interest at 6% per annum. e) The Insurance Company is directed to deposit the compensation amount along with interest from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 35