- 1 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7592 OF 2024(MV-I) BETWEEN: SMT. PAVITHRA K.P. W/O LATE GIRISH AGED ABOUT 36 YEARS R/O K. HOSURU VILLAGE THIRUMALASAGARA CHATHRA PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. …APPELLANT (BY SRI. K.V. SATEESHCHANDRA, ADVOCATE) AND: 1. MR. ANANDA K.C. S/O LATE CHALUVA AGED ABOUT 35 YEARS R/O NO.65 KADATHANALU VILLAGE K. SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 138. 2. THE MANAGER ICICI LOMBARD INSURANCE CO. LTD NO.204 MYTHRI ARCADE KANTHARAJE URS ROAD Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 NEAR AXIS BANK SARASWATHIPURAM MYSURU DISTRICT - 570 009. …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2; V/O DATED 25.07.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.07.2024 PASSED IN MVC NO.154/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 10.07.2024 passed in MVC No.154/2023 by the Additional Senior Civil Judge and - 3 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 Motor Accident Claims Tribunal, Pandavapura (for short, 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with an accident on 17.09.2022 and filed a claim petition claiming compensation of Rs.28.25,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.2,67,000/- with interest at 6% per annum from the rate of petition till realisation. 4. Aggrieved by the said order, the appellant preferred this appeal, mainly contending that she was engaged in cow farming and also working in an Anganwadi, earning Rs.30,000/- per month. It is contended that the Tribunal failed to award just compensation. The doctor assessed the disability at 40% to 46%, however, the Tribunal granted only a global compensation of Rs.50,000/- under the said head. It is further contended that the amounts awarded under other heads are meager. Therefore, the appellant requested for - 4 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 enhancement of compensation and interest at the rate of 18% per annum instead of 6%. 5. Learned counsel for respondent No.2 submitted that the appellant herself admitted in her cross- examination that she is continuing in the same employment as an Anganwadi worker and is drawing a salary of Rs.12,384/- per month even after the accident. Hence, the Tribunal has rightly not granted any amount under the head of loss of future earning capacity. On the other hand, the learned counsel for the appellant relied upon the judgment in C.A.No.4953-4957/1998 dated 07.12.2006 (State of Karnataka and others and Ameerbi and others), wherein it was held that an 'Anganwadi worker is not a Government employee'. It was argued that since the employment is part-time, notional income should be considered and compensation under the head of loss of future earning capacity ought to be awarded. 6. There is no dispute that the appellant is an Anganwadi worker. She admitted the same and produced - 5 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 Ex.P-10-statement of account, showing her salary as Rs.12,384/- per month. She was treated as an inpatient for eight days. She was aged 36 years at the time of the accident. As per Ex.P.2-wound certificate and Ex.P-5- discharge summary and the evidence of PW-2 (orthopaedic surgeon), she sustained the following injuries: i. Lateral tibial plateau fracture (left side) ii. Swelling over the left knee iii. Tenderness over the left proximal tibia She underwent ORIF with LCP under SAB on 17.09.2022. During follow-up, she complained of persistent pain in the right knee, difficulty in squatting, sitting cross-legged, standing for long durations, and standing on one leg. On examination: i. Healed scar present ii. Tenderness present iii. Range of motion painful and restricted - 6 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 iv. X-ray shows malunited proximal tibial fracture with implant in situ 7. The doctor opined that the fracture had united with implants in situ and advised another surgery for removal of implants, estimating the cost at Rs.50,000/-. He assessed permanent disability at 46%. Though the appellant claimed income from cow farming, no documentary evidence was produced. As an Anganwadi worker, she earned Rs.12,384/- per month and admitted in cross-examination that she earned Rs.11,000/- per month. 8. Learned counsel for the appellant submitted that she works only for four hours as an Anganwadi worker and is not a Government employee, as the appointment is under the Integrated Child Development Services (ICDS) Scheme, which is not a statutory employment. 9. Considering that the Motor Vehicles Act is a beneficial legislation, this Court finds it appropriate to take a liberal view in favour of the claimant. The appellant - 7 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 being a part-time Anganwadi worker, her notional income is assessed as per the chart prepared by the Karnataka State Legal Services Authority. Though she produced Ex.P- 10, considering the fact that accident occurred in 2022, her notional income is taken at Rs.15,500/- per month. As she aged 36 years, the applicable multiplier is '15'. The functional disability is taken at 15% (one-third of 46%). Accordingly, the loss of future earning capacity is calculated as Rs.15,500/- × 12 × 15 × 15% = Rs.4,18,500/-. The Tribunal awarded Rs.89,000/- towards medical expenses and Rs.50,000/- towards future medical expenses, which are hereby confirmed. 10. She was hospitalised for a period of eight days. Considering the nature of injuries, the period of hospitalisation and other relevant factors, the Tribunal has already granted Rs.60,000/- towards pain and suffering. This Court finds it reasonable to award Rs.30,000/- towards loss of amenities and Rs.30,000/- for transportation, extra nourishment and attending charges. - 8 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 The appellant might not have done any other work at least for period of two months. Therefore, Rs.15,500/- x 2 = Rs.31,000/- is awarded under the head loss of income during laid-up period. 11. Thus, the compensation awarded by this Court is as follows: 12. In summary, the appellant/claimant is entitled to a total compensation of Rs.7,08,500/- as against Rs.2,67,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.4,41,500/-. To this extent, the award passed by the Tribunal is modified. 13. In the result, pass the following: Particulars Amount in Rs. Loss of future earning capacity 4,18,500.00 Medical bills 89,000.00 Pain and suffering 60,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 31,000.00 Future Medical expenses 50,000.00 Total 7,08,500.00 - 9 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 10.07.2024 passed in MVC No.154/2023 by the Additional Senior Civil Judge and Motor Accident Claims Tribunal, Pandavapura, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.4,41,500/- (Rs.7,08,500/- minus Rs.2,67,000/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.4,41,500/- with - 10 - HC-KAR NC: 2026:KHC:19913 MFA No. 7592 of 2024 interest rate of 6% within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 69