- 1 - HC-KAR CNR: KAHC010328562017 NC: 2026:KHC:39837 MFA No. 4801 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4801 OF 2017 (MV-I) BETWEEN: MRS. THESIAMMA AGED ABOUT 72 YEARS, W/O.LATE LUKOSE, REP. BY HER SON JOSEPH P.L. AGED ABOUT 49 YEARS, S/O.LATE LUKOSE, R/O.PARAPURAM HOUSE, JADKAL VILLAGE, KUNDAPURA TALUK. APPELLANT (BY SRI. K. PRASANNA SHETTY.,ADVOCATE) AND: 1. MR SIBI MAJOR IN AGE, S/O.P.J.JOSEPH, R/O.PAYYAMPALLI HOUSE, MUDOOR POST & VILLAGE, KUNDAPURA TALUK. 2. UNITED INDIA INSURANCE CO.LTD. SREE LAXMI NARASIMHA COMPLEX, OPP. KSRTC DEPOT, NH-66, VADERHOBLI, KUNDAPURA. RESPONDENTS (BY SRI. O MAHESH.,ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010328562017 NC: 2026:KHC:39837 MFA No. 4801 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2016 PASSED IN MVC NO.206/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR ADMISSION, 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 22.12.2016 passed in MVC.No.206/2015 on the file of the learned Senior Civil Judge and Additional Motor Vehicle Accidents Claims Tribunal, Kundapura, seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 26.10.2014 and filed claim petition claiming - 3 - HC-KAR CNR: KAHC010328562017 NC: 2026:KHC:39837 MFA No. 4801 of 2017 compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,02,140/- along with interest at the rate of 6% per annum from the rate of petition till realization. Aggrieved by the said order, she preferred an appeal and mainly contented that she sustained grievous injuries, she cannot work after the accident. She spent Rs.2,00,000/- for treatment, nourishment and attendant charges. But, the Tribunal granted meager amounts under the other heads. Therefore, requested for enhancement of the compensation. 4. Learned counsel for respondent No.2 submits that the Tribunal has already considered all the aspects and granted reasonable amounts and thus, it no interference. 5. Though, the petitioner was aged 70 years at the time of the accident and she filed Ex.P3 - wound certificate which shows that she sustained right closed supracondylor femur fracture, right undisplaced patellar fracture, frontal lobe haematoma, sutured wound over 6 cms in length over right temporal region, which are grievous in nature and Exhibit P8 is the treatment certificate issued by KMC. She also examined the - 4 - HC-KAR CNR: KAHC010328562017 NC: 2026:KHC:39837 MFA No. 4801 of 2017 doctor as PW3 and he stated that she suffered disability of 20% to the right lower limb. Considering the said aspects, the Tribunal granted reasonable amounts under the other heads. Therefore, this Court finds no reason to interfere with the said order. 6. In the result following: ORDER i) The appeal is dismissed confirming the order of the Tribunal; ii) Respondent No.2/Insurance company has already deposited the said amount and the petitioner is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 14