- 1 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3718 OF 2025 (MV-I) BETWEEN: SMT. SUJATHA W/O. KRISHNA K, AGED ABOUT 28 YEARS, R/AT NO. WARD NO.5, KUMBARA ONI, NEAR SUNKALAMMA TEMPLE, SANGANAKAL VILLAGE, HAGARI BOMMANAHALLI, BELLARY TALUK AND DISTRICT. NOW R/AT IN A SHED, ADITHYA ROYAL APARTMENT, 80 FEET ROAD, M.P.M. EXTENSION, MALLATHAHALLI, BENGALURU. …APPELLANT (BY SRI. THIPPESWAMY B.C, ADVOCATE) AND: 1. SRI. DHANUSH A S/O. RAMACHANDRAMURTHY, ABHIRAM KUMAR, R/AT NO. 186, 7TH CROSS, BAPUJI LAYOUT, VIJAYANAGARA, BENGALURU. (OWNER OF TATA CAR BEARING NO. KA-41-MD-5982) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 2. THE BRANCH MANAGER TATA AIG GEN. INS. CO. LTD., 2ND FLOOR, AP AND BEFI JAMBU KESHAVA ARCADE, NO. 69, MILLERS ROAD, BENGALURU - 560 032. (POLICY NO. 62001342070000 VALID FROM 31-01-2020 TO 01-02-2025) …RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2; VIDE ORDER DATED 09.09.2025, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.10.2024 PASSED IN MVC NO. 5949/2022 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 the Motor Vehicles Act, 1988 challenging the judgment and award dated 01.10.2024 passed in MVC No.5949/2022 on the file of the XXI Additional Small - 3 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 Cause Judge and ACJM Member - MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of both sides. The ranks of the parties shall be referred to as per their status before the Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 03.09.2022 and filed a claim petition claiming compensation of Rs.40,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.4,59,600/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the claimant has preferred this appeal mainly contending that the Tribunal has granted meager amounts under other heads. The petitioner examined the doctor as PW2 and he assessed the whole body disability as 15% but the Tribunal has considered 6% disability which is on the lower side. It is further contended that the Tribunal ought to - 4 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 have granted loss of income during laid up period for 6 months and interest is to be granted at the rate of 9% per annum. Thus, requested for enhancement of the compensation. 4. Though petitioner stated that she was doing housekeeping work and earning Rs.30,000/- per month, she has not filed any income proof. As she met with an accident in the year 2022, her notional income is to be taken as Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 25 years and the relevant multiplier applicable is 18. 5. The petitioner has filed Ex.P6 – Wound Certificate and Ex.P8 - discharge summary. The petitioner examined the doctor as PW2, Consultant Plastic Surgeon and he deposed that the petitioner sustained injury of thermal burns (6% to 8%) involving both thighs just below the buttock and the lower part of the left leg. He has further stated that the petitioner was treated - 5 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 conservatively for acute burns care and underwent split thickness skin grafting to the post burns raw area of bilateral posterior thighs and the left leg. The petitioner complained of pain in the left thigh on prolonged sitting and after routine activities. On examination, the following disabilities were noted: i) Scar over bilateral posterior thighs and left leg. ii) Skin donor region disfiguration on the right thigh. iii) Minimal contracture of grafted skin on the left thigh to deeper structure. iv) Tenderness over bilateral posterior thighs. v) Loss of touch sensation over skin grafted area. The doctor assessed disability as 15% to both lower extremities but not the whole body. In the cross- examination, it is stated that the petitioner sustained burn injuries. The surgery was successful and the wounds are healed. As such, the Tribunal has rightly considered one- third of 15% ie., 6% as whole body disability. This Court - 6 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 finds no reason to interfere with the disability assessed by the Tribunal. Accordingly, loss of future earning capacity comes to Rs.15,500/- x 12 x 18 x 6% = Rs.2,00,880/-. The Tribunal has granted Rs.1,01,700/- towards medical expenses as per Ex.P9 and Ex.P10 and it is confirmed. The petitioner was hospitalized for a period of 7 days. Considering the nature of injuries, period of hospitalisation, her occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities, Rs.40,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 4 months. Therefore, Rs.62,000/- (Rs.15,500 x 4) is granted towards loss of income during laid up period. 6. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.5,29,580/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.10.2024 passed in MVC No.5949/2022, by XXI Additional Small Cause Judge and ACJM Member - MACT, Bengaluru, is modified; Particulars Amount in Rs. Loss of future earning capacity 2,00,880 Pain and suffering 75,000 Loss of amenities 50,000 Transportation, extra nourishment and attendant charges 40,000 Loss of income during laid up period 62,000 Medical Expenses 1,01,700 Total 5,29,580 - 8 - HC-KAR NC: 2026:KHC:19650 MFA No. 3718 of 2025 iii. The claimant is entitled to a sum of Rs.5,29,580/- along with interest at 6% p.a as from the date of petition till the date of realization, instead of Rs.4,59,600/- granted by the tribunal. iv. Respondent No.2 has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.69,980/- along with the interest at the rate of 6% within one month from the date of this order. v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SHS/List No.: 1 Sl No.: 20