- 1 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 1626 OF 2023 (MV-I) BETWEEN: SMT. CHANDRIKA W/O RAGHURAMA BANGERA AGED ABOUT 41 YEARS R/AT BHOOMIKA NIVASA KUNTIBAILU POST MIYYAR VILLAGE KARKALA TALUK – 574 107. …APPELLANT (BY SMT. SHRIDEVI A SHETTY, ADVOCATE FOR SRI DHANANJAY KUMAR, ADVOCATE) AND: 1. SRI T G SRINIVAS AGED ABOUT 47 YEARS S/O SRI GOVINDA GOWDA R/AT No.1074, 8TH CROSS B S K, 1ST STAGE, 2ND BLOCK BANGALORE – 560 050. 2. THE BRANCH MANAGER BHARTI AXA GENERAL INS CO. LTD., REGISTERED OFFICE 1ST FLOOR FERNS ICON, SURVEY No. 28 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 DODDANEKUNDI BANGALORE - 570 037. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 R-1 T G SRINIVAS -SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED:01.10.2021 PASSED IN MVC No.628/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, UDUPI, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 01.10.2021 passed in MVC No.628/2020 by the Senior Civil Judge and AMACT, Karkala, Udupi. 2. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident occurred on 25.01.2020 contending that the accident occurred due to rash and - 3 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 negligent driving of the driver of Mahindra XUV 500 bearing Regn.No.KA-51-MF-6363. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards pain and sufferings 75,000/- 02. Towards conveyance, attendant charges and nourishing food 20,000/- 03. Towards loss of income during laid up period 27,000/- 04. Loss of future income 1,13,400/- 05. Medical expenses 1,61,540/- 06. Future medical expenses 25,000/- Total 4,21,940/- 4. The Tribunal also awarded interest @ 7% p.a. from the date of petition till realization and directed the respondent No.2/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. - 4 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 6. Learned counsel for appellant would contend that claimant has sustained two fractures and underwent two surgeries. PW.2-Doctor has stated that she has to take rest for six months. Considering the said aspect, the compensation awarded towards loss of income during laid up period is on lower side. The Doctor has stated that the claimant has to undergo surgery for removal of implants and the cost of the same is Rs.35,000/-. Considering the same the compensation awarded for future medical expenses is on lower side. The Tribunal has taken notional income at Rs.9,000/- p.m. But as per the chart prepared by the Karnataka State Legal Services Authority, the notional income for the year 2020 is Rs.14,500/-. With this she prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. - 5 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 8. Having heard the learned counsels, the Court has perused the judgment, award and trial Court records. 9. The Tribunal has taken income of the claimant at Rs.9,000/- p.m. The accident occurred on 25.01.2020 and the claimant was aged 38 years as on the date of accident. The notional income fixed by the Karnataka State Legal Services Authority for the year 2020 is Rs.14,500/- p.m. and the said income is to be taken as against Rs.9,000/- taken by the Tribunal. The Tribunal has rightly taken disability @ 7% and applied multiplier ‘15’. In view of the same, loss of future income is calculated as under: Rs.14,500 x 12 x 15 x 7% = Rs.1,82,700/- 10. As per Ex.C5 – disability certificate, the claimant has sustained the following injuries: • Supracondylar # (R) Femur • #L/E of (R) Radius - 6 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 11. PW.2 – Doctor has stated that the claimant has to take rest atleast for six months. The Tribunal has awarded loss of income during laid up period for 3 months. Considering the evidence of Doctor and the fracture sustained by the claimant she has to take rest atleast for five months and therefore, she is entitled to loss of income during laid up period in a sum of Rs.58,000/- (Rs.14,500 x 5 months). The Tribunal has not awarded loss of amenities. Considering the injuries sustained, the claimant is entitled to loss of amenities in a sum of Rs.50,000/- 12. The Tribunal has rightly awarded pain and suffering, attendant charges and medical expenses. The Doctor has stated that the claimant has to undergo surgery for removal of implant and cost of the said surgery is Rs.35,000/- Considering the same, the claimant is entitled to future medical expenses of Rs.30,000/- as against Rs.25,000/- awarded by the Tribunal. - 7 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 13. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards pain and sufferings 75,000/- 02. Towards conveyance, attendant charges and nourishing food 20,000/- 03. Towards loss of income during laid up period 58,000/- 04. Loss of future income 1,82,700/- 05. Medical expenses 1,61,540/- 06. Future medical expenses 30,000/- 07. Loss of amenities 50,000/- Total 5,77,240/- 14. Considering the above aspects, the claimant is entitled to total compensation of Rs.5,77,240/- as against Rs.4,21,940/- with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.1,55,300/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. The claimant is not entitled to interest for the delay period of 273 days in filing the appeal. - 8 - HC-KAR CNR: KAHC010130142023 NC: 2026:KHC:41888 MFA No. 1626 of 2023 15. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,55,300/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellant/claimant is entitled to release of entire enhanced compensation. v) The claimant is not entitled to interest for delay of 273 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 28 Ct.sm