- 1 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5257 OF 2017 (MV-I) BETWEEN: SMT. MAHADEVAMMA W/O MAHADEVANAYAK, AGED ABOUT 45 YEARS HOSAPURA HOBLI, T NARASIPURA TALUK, MYSORE DISTRICT-571 101. …APPELLANT (BY SRI. SANATH KUMARA .K.M., ADVOCATE) AND: 1. R. SATHISH S/O K RAMU, AGED ABOUT 36 YEARS R/AT NO.180, YARAGANAHALLI, MYSORE TOWN, MYSORE-570 029. 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., MYSORE TRADE CENTER OPP: KSRTC BUS STAND, MYSORE-570 001. …RESPONDENTS (BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R2, V/O DTD: 07.06.2024 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.02.2013 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 NO.925/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-K, ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 21.07.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed against the judgment and award dated 12.02.2013 passed by the Fast Track Court I and Additional Motor Accident Claims Tribunal, Mysore in MVC No.925 of 2012. 2. The injured claimant met with an accident on 03.02.2012 and filed a claim application claiming compensation of Rs.10,45,000/- with interest. The Tribunal, considering the entire evidence on record, granted compensation of Rs.75,000/- with interest at the rate of 6% per annum from the date of petition till realisation. It was directed by the Tribunal to respondent to deposit the award amount within two months from the date of said order. - 3 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that the Tribunal is erred in granting meagre amount under the other heads. The doctor – P.W.2 stated that she sustained 45% disability to the whole body and walking with a stick during night times and the Tribunal has not considered the said disability and her income was considered on lower side. Thus, requested for enhancement of compensation. 4. Heard the arguments of learned counsel for both sides. 5. Petitioner has stated that she was aged 40 years running petty shop and hotel business and earning Rs.12,000/- per month. But, she has not filed any income proof. She met with an accident in the year 2012 and therefore, her notional income is to be taken as Rs.7,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. Since, she was aged 40 years, relevant multiplier is 15. She filed wound certificate as per Ex.P.5, discharge summary under Ex.P.8. X-ray, C.T. Scan, C.T. Scan report and case sheet are filed under Ex.P.9, 10, 12 and 15 respectively. She examined - 4 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 the doctor as P.W.2 and he stated that the petitioner has sustained two injuries out of which one injury is simple i.e. tenderness present over the chest and the other is grievous in nature i.e. sutured wound over occipital region. P.W.2 stated that that the petitioner is unable to walk with steady gait and she has to walk with a stick in night time and she suffered 45% disability to the whole body. In the cross examination, the doctor has stated that he has done scan to the head injury on 11.12.2012 and he has not found any fracturel injuries and not conducted any operation. As such, he has not issued any disability certificate. Therefore, this Court finds it just and reasonable to take 10% disability to the whole body. Accordingly, loss for future earning capacity comes to Rs.1,26,000/- (7,000x12x15x10%). 6. The petitioner was admitted in hospital for six days. Considering the nature of injuries, period of hospitalization, occupation of the claimant and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- for pain and suffering, Rs.15,000/- for loss of amenities, and Rs.20,000/- for transportation, extra nourishment and - 5 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 attendant charges. She might not have attended to any other work at least for a period of 2 months due to the injuries sustained in the accident. Therefore, Rs.14,000/- (7,000 x 2) is granted towards loss of income during the laid up period. The Tribunal granted Rs.24,300/- for medical expenses as per the relevant documents, Rs.5,000/- for damages caused to the petty shop, and it needs no interference. 7. Thus, in all, the claimant is entitled for the compensation of Rs.2,34,300/- with interest at 6% per annum as against Rs.75,000/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 1,26,000/- 2. Medical expenses 24,300/- 3. Pain and Suffering 30,000/- 4. Loss of amenities 15,000/- - 6 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 5. Transportation, extra nourishment and attendant charges 20,000/- 6. Loss of earning during the laid up period 14,000/- 7. Damages caused to the petty shop 5,000/- Total 2,34,300/- 9. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.2,34,300/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.1,59,300/- with interest at 6% per annum within one month from the date of this order. - 7 - HC-KAR CNR: KAHC010351572017 NC: 2026:KHC:39261 MFA No. 5257 of 2017 (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. (v) In view of the order dated 21.07.2025 passed on I.A.No.1 of 2017, the claimants are not entitled for interest for the delayed period of 1,512 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 76