- 1 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6396 OF 2014 (MV-I) BETWEEN: SOMAMMA W/O DODDAIAH, AGED ABOUT 56 YEARS, R/AT JANEKERE VILLAGE, KASABA HOBLI, SAKALESHPUR TALUK, HASSAN DISTRICT - 573 102. …APPELLANT (BY SRI. NINGARAJA M.N, ADVOCATE) AND: 1. B.R.VASANTHA KOKILA D/O RAJASHEKAR, NO.322, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE - 560 079. 2. THE MANAGER I.C.I.C.I LOMBARD INSURANCE CO.LTD, I.C.I.C.I LOMBARD HOUSE, NO.414, VEER SAVARKAR MARG, NEAR SIDDHI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI - 25. REPRESENTED BY THE BRANCH MANAGER, I.C.I.C.I LOMBARD INSURANCE CO.LTD, KRUTHIKA ARCADE, 2ND FLOOR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 N.R. CIRCLE, HASSAN - 573 201. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 12.09.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2013 PASSED IN MVC NO.615/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, SAKLESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is absent. 2. Learned counsel for respondent No.2 is present. 3. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.08.2013 passed in MVC No.615/2012 on the file of the Senior Civil - 3 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 Judge & JMFC, MACT, Sakaleshpur, seeking enhancement of the compensation. 4. Heard the arguments of learned counsel for respondent No.2. The ranks of the parties are retained as per Tribunal for the sake of convenience. 5. The petitioner/injured claimant met with an accident on 31.03.2012 and filed petition before the Tribunal for compensation of Rs.5,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.70,500/- with interest at the rate of 6% p.a., from the date of petition till the date of realization. 6. Aggrieved by the said order, this appeal is filed and mainly contended that the Tribunal had granted inadequate compensation. Due to the accident, the petitioner sustained grievous injuries. The doctor has assessed the permanent disability as 11%. The Tribunal has granted meagre amounts under the other heads. - 4 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 Therefore, requested for enhancement of the compensation. 7. Though the petitioner stated that he was doing agriculture, milk vending business and also coolie work, earning Rs.10,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2012, his notional income is to be taken as Rs.7,000/- per month, as per the chart preferred by the Karnataka State Legal Services Authority. The petitioner was aged 55 years and the relevant multiplier is ‘11’. The petitioner filed Ex.P.6-wound certificate and also examined the doctor as PW.2. As per Ex.P.6-wound certificate, the petitioner sustained the following injuries: " i) pain in right leg and thigh ii) pain in pelvic region. " Out of which, injury No.1 is simple in nature and injury No.2 is grievous in nature. - 5 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 The petitioner was referred to a higher centre. As per x-ray of right thigh and left thigh there is no fracture. The C.T. scan reveals that comminuted undisplaced fracture over right inferior pubic ramus. PW.2-doctor stated that the petitioner had suffered from fracture of pubic ramus and there is restricted movements, pain over the right waist and difficulty in lifting the weighted articles, sitting cross-legged and walk on up and downs road. Thus, PW.2 opined that the petitioner has sustained permanent disability as 11%. But the Tribunal has taken the disability as 10%. This Court finds no reason to interfere with the disability taken by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.92,400/- (7,000 × 12 × 11 × 10%). The petitioner has not filed any discharge summary to show the period of hospitalization. But considering fact that the petitioner sustained one grievous injury, this Court finds that it is just and reasonable to grant a sum of Rs.15,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities and - 6 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 Rs.15,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have done any other work at least for a period of 2 months. Therefore, a sum of Rs.14,000/- (7,000 × 2) is awarded under the head of loss of income during the laid-up period. The petitioner spent a sum of Rs.3,000/- towards medical expenses and the said amount is confirmed. 8. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 15,000/- 2 Towards medical expenses 3,000/- 3 Towards transportation, extra nourishment and attendant charges 15,000/- 4. Towards loss of amenities 15,000/- 5 Towards loss of income during the laid up period 14,000/- 7 Towards loss of future earning capacity 92,400/- Total 1,54,400/- - 7 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,54,400/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 01.08.2013 passed in MVC No.615/2012 on the file of the Senior Civil Judge & JMFC, MACT, Sakaleshpur, is modified. iii. The claimant is entitled to a sum of Rs.1,54,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.70,500/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before - 8 - HC-KAR CNR: KAHC010348742014 NC: 2026:KHC:39700 MFA No. 6396 of 2014 the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit enhanced compensation of Rs.83,900/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 42