- 1 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3431 OF 2025 (MV-I) BETWEEN: HARIJANA SUVARNAMMA W/O HARIJANA SUBBA RAYADU, 50 YEARS, R/AT NO.16, 1ST CROSS, CHIKKAGOWDANAPALYA, UTTARAHALLI POST, BENGALURU - 560 061. …APPELLANT (BY SMT. SHARADAMBA A.R., ADVOCATE) AND: 1. PRAMILA H.B. W/O KRISHNE GOWDA, AGE-MAJOR, R/AT NO.11, 2ND MAIN ROAD, BENGALURU - 560 050. 2. UNITED INDIA INSURANCE CO. LTD., T.P. HUB, 5TH AND 6TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA RAOD, BENGALURU - 01. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. A.M. VENKATESH, ADVOCATE FOR R2; VIDE ORDER DATED 03.06.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2025 PASSED IN MVC NO.7073/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 17.02.2025 passed in MVC No.7073/2023 by Chief Judge, Court of Small Causes and Principal MACT, Bengaluru (SCCH-1). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. - 3 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by her in a road traffic accident occurred on 06.08.2023 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-51-MB-4383. 4. 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: Sl. No. Particulars Amount 1. Pain and suffering Rs. 50,000/- 2. Medical expenses Rs. 1,39,434/- 3. Incidental expenses Rs. 8,000/- 4. Loss of income during treatment Rs. 80,000/- 5. Loss of amenities and future happiness Rs. 35,000/- Total Rs. 3,12,434/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till - 4 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 realisation and directed respondent No.2/insurer to deposit the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant would contend that, even though there is a disability, the Tribunal has not awarded loss of future income. P.W.3 - Doctor has stated that disability of the claimant at 56% to the limb and the Tribunal ought to have taken 1/3rd of the said disability as disability to the whole body i.e., 18%. Even though, P.W.3 - Doctor has stated that, for removal of implants, the claimant has to undergo operation and for which, the estimated cost is around Rs.40,000/- to Rs.50,000/-. The Tribunal has not awarded future medical expenses. The claimant has been admitted in hospital for four (04) days. The claimant has sustained fracture of left - 5 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 ankle (medial and lateral) Malleolus i.e., lower end of tibia and fibula left leg. Considering the said injuries, the compensation awarded for pain and suffering and loss of amenities are on lower side. The Tribunal has taken the income of the claimant at Rs.16,000/-, but as per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/- and the said income is to be taken. With these, she prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award. - 6 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 10. The accident occurred on 06.08.2023 and as on the date of accident, the claimant was aged forty eight (48) years. The occupation of the claimant was coolie. As per wound certificate, the claimant has sustained fracture of left ankle (medial and lateral) Malleolus i.e., lower end of tibia and fibula left leg. The claimant has been admitted in hospital as an inpatient from 06.08.2023 to 09.08.2023. P.W.3 is a Doctor who examined the claimant and assessed her disability and stated that, the claimant is having 56% disability to the limb and 28% to the whole body. Even though there is a disability, the Tribunal has not considered the case of the claimant for award of compensation for loss of future income. As the disability stated by P.W.3 - Doctor at 56% to the lower limb, therefore 1/3rd of it is to be taken to the whole body i.e., 18%. 11. The notional income fixed for the year 2023 is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal and multiplier applicable - 7 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 is '13' as the claimant was aged forty eight (48) years. Considering the above aspect, the claimant is entitled to loss of future income as under: Rs.16,250/- X 12 X 13 X 18% = Rs.4,56,300/- 12. Considering the injuries sustained by the claimant noted supra, the compensation awarded for pain and suffering in a sum of Rs.50,000/- requires to be enhanced to Rs.60,000/-. The compensation awarded by the Tribunal for loss of amenities in a sum of Rs.35,000/- is just and proper. The Tribunal has rightly awarded medical expenses of Rs.1,39,434/-. The claimant has been admitted in hospital for four (04) days and therefore, he is entitled to food, nourishment, attendant and conveyance charges etc., in a sum of Rs.4,000/- (Rs.1,000/- X 4 days) as against Rs.8,000/- awarded by the Tribunal. The Tribunal has awarded loss of income during laid up period for five (05) months. As the income is taken at Rs.16,250/-, the claimant is entitled to loss of income - 8 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 during laid up period in a sum of Rs.81,250/- (Rs.16,250 X 5). P.W.3 - Doctor has stated that the clamant has to undergo operation for removal of implants and for which, the estimated cost is around Rs.40,000/- to Rs.50,000/-. The Tribunal has not awarded anything towards future medical expenses. Considering the said evidence of P.W.3 - Doctor, the claimant is entitled to future medical expenses in a sum of Rs.30,000/-. 13. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Pain and suffering Rs. 60,000/- 2. Medical expenses Rs. 1,39,434/- 3. Incidental expenses Rs. 4,000/- 4. Loss of income during treatment Rs. 81,250/- 5. Loss of amenities and future happiness Rs. 35,000/- 6. Loss of future income Rs. 4,56,300/- 7. Future medical expenses Rs. 30,000/- Total Rs. 8,05,984/- - 9 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 14. The claimant is entitled to total compensation of Rs.8,05,984/- as against Rs.3,12,434/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 15. Consequently, the claimant is entitled to enhanced compensation of Rs.4,93,550/- (Rs.8,05,984/- - Rs.3,12,434/-) with interest at the rate of 6% per annum from the date of petition till realisation. 16. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 17. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.4,93,550/- with interest at the rate of 6% per annum from the date of petition till realisation. - 10 - HC-KAR CNR: KAHC010302432025 NC: 2026:KHC:39237 MFA No. 3431 of 2025 iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 49