- 1 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4598 OF 2024 (MV-I) BETWEEN: SMT LAKSHMI MANJUNATHA SHET AGED ABOUT 64 YEARS, S/O MANJUNATHA SOMSHET, R/O MARTHI KOPPA, KUMBRIDOWN, SIRSI, UTTARA KANNADA, PRESENTLY R/O OPP GAJANANA RICE MILL, HARKERE, SHIVAMOGGA-577 204 …APPELLANT (BY SRI. CHIDAMBARA G S., ADVOCATE) AND: 1. B.G. KUMARA AGED ABOUT 38 YEARS, S/O BASAVANAGOWDA, R/O BENAKANHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. 2. MANJUNATHA AGE NOT KNOWN TO APPELLANT, S/O RUDRAPPA, R/O VADERPURA VILLAGE, ANAVERI POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 301. 3. THE BRANCH MANAGER TATA AIG INSURANCE COMPANY LIMITED, BRANCH OFFICE AT MYTHRI MOTORS, SHANKARMUTT ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 SHIVAMOGGA-577 201, HEAD OFFICE AT PENINSULA BUSINESS PARK, TOWER A 15TH FLOOR, G K MARK, LOWER PAREL, MUMBAI-400 013. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R3, R1 AND R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2023 PASSED IN MVC NO.306/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, C/C II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MEMBER, AMACT, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL 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 24.11.2023 passed in MVC No.306/2020 on the file of the I Additional Senior Civil Judge and CJM, C/C II Additional Senior Civil Judge AND JMFC, MEMBER, AMACT, Shivamogga, for enhancement of the compensation. - 3 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant met with an accident on 10.01.2020 and filed claim petition claiming compensation of Rs.9,25,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.3,75,500/- along with interest at the rate of 6% p.a. from date of petition till realisation. 4. Aggrieved by the said order, this appeal is preferred in which it is mainly contended that the Tribunal had granted meager amounts under other heads. The petitioner was inpatient for a period of 9 days and she sustained fracture injuries which are grievous in nature. Tribunal ought to have granted 6 months laid up period. The disability was considered by the tribunal as 10%. Though treated doctor stated that she sustained permanent disability of 26.50% to the left lower limb and - 4 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 1.17% to the right lower limb, and the tribunal considered the whole body disability at 10%, which is on the lower side, hence, requested for enhancement of the compensation granted by the tribunal. 5. Learned counsel for the petitioner though stated that she was aged 60 years and she was an agriculturalist and earning Rs.25,000/- per month, she has not filed any income proof. She met with an accident in the year 2020. Tribunal has rightly considered her notional income as Rs.14,500/- per month and her age was taken as 62 years as per Ex.P10/Aadhar card and the relevant multiplier taken is ‘7’. Ex.P9 is the wound certificate. Ex.P11 is the discharge summary. Petitioner also examined the treated doctor as PW1 and marked Exs/C1 to C5. It is stated that CW1 is an Orthopedic Consultant and stated that petitioner sustained fracture tibia plateu left, fresh and grievous and fracture proximal phalanx great toe right, by admitting IV fluids, slab application on 10/12020, operation open reduction and internal fixation of with lag screws on - 5 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 11/1/2020 and she was on iv analgesic and antibiotic and discharged on 13/1/2020 and she was followed up regularly for wound examination and suture removal. She was further followed up and was admitted on 16/3/2020 for physiotherapy of the knee joint and discharged on 18/3/2020. Further she was followed up regularly once in six weeks with X ray for 6 months she was complaining of pain at screw site with united fracture of tibia, hence she was again admitted on 22/09/2020 implant removal done on 22/9/2020. She was discharged on 23/09/2020. She was followed up regularly in OPD and that she complains of difficulty in sitting with cross leg climbing stairs, pain on left knee on using Indian toilets (squatting) pain on kneeling pain on prolonged walking she also complains of occasional pain on right toe, clinically she has tenderness at medical joint line of knee with terminal restriction of movement in left knee joint. She has restriction of movement in right great toe, her x-ray shows united fracture of tibia platau left and united fracture of right - 6 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 great toe, based on the above findings, she sustained permanent disability of 26.50 % on left lower limb and 1.17 % on right lower limb combined she has 27% disability on lower limb. Hence, 1/3rd of 25% comes to 9%, but the Tribunal has taken the same as 10% and it needs no interference. Hence, loss of future earning capacity comes to Rs.14,500 x 12 x 7 x 10% = Rs.1,21,800/- and the Tribunal has rounded off the said amount to Rs.1,22,000/- and it needs no interference. The injured was hospitalised for a period of 9 days. The Petitioner incurred Rs.1,04,500/- towards medical expenses and Rs.20,000/- towards future medical expenses, the said amounts are already granted by the Tribunal and it is confirmed. Considering the nature of injuries period of hospitalization and other relevant factors, Tribunal already granted Rs.50,000/- for pain and suffering and Rs.30,000/- for loss of amenities and it is confirmed. Petitioner is also entitled for an amount of Rs.30,000/- towards transportation, extra nourishment - 7 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 and attendant charges and he might not have attended any other work at least for a period of 4 months. Therefore, Rs.14,500 x 3 = Rs.43,500/- is granted under the head loss of income during laid up paid. 6. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,22,000 2 Pain and suffering 50,000 3 Loss of amenities 30,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 43,500 6 Medical bills 1,04,500 7 Future medical expenses 20,000 Total 4,00,000 - 8 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.3,75,500/- to Rs.4,00,000/- 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. ii. The judgment and award dated 24.11.2023 passed in MVC No.306/2020 on the file of the I Additional Senior Civil Judge and CJM, C/C II Additional Senior Civil Judge And JMFC, Member, AMACT, Shivamogga, is modified. iii. The claimants are entitled to a sum of Rs.4,00,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,75,500/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed - 9 - HC-KAR NC: 2026:KHC:18556 MFA No. 4598 of 2024 to deposit the enhanced compensation of Rs.24,500/- 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.: 75