- 1 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4742 OF 2016(MV-I) BETWEEN: SMT. SHANTHAMMA W/O GANGAPPA AGED ABOUT 47 YEARS COOLIE, R/O HOODIGARAHALLI VILLAGE SAKREPATNA HOBLI KADUR TALUK CHIKKAMAGALURU DISTRICT PIN CODE – 577 135. …APPELLANT (BY SRI. S. VISWESWARAIAH, ADVOCATE) AND: 1. SRI.R. CHANDRSHEKARA S/O RAMACHANDRA NAYAK AGED ABOUT 32 YEARS R/O KEREHOSALLI VILLAGE, SRIRAMPURA, HOSADURGA TALUK, CHITRADURGA DISTRICT, PIN CODE: 577 542. DRIVER OF TATA ACE BEARING REG NO.KA-18/B-2004. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 2. SRI SIDDESH M K S/O KALLESHAPPA AGED ABOUT 43 YEARS R/O MUNDRE VILLAGE TARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE – 577 228. OWNER OF TATA ACE BEARING REG NO.KA-18/B-2004. 3. M/S ICICI LOMBARD GENERAL INS. CO. LTD. ZENITH HOUSE, KESHAVARAO KHADE MARG., MAHALAKSHMI MUMBAI – 400 034. REPTD. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R3; V/O DATED 24.09.2019, NOTICE TO R1 IS D/W; R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.03.2016 PASSED IN MVC NO.362/2013 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE & MEMBER, MACT, CHIKKAMAGALURU, 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 - 3 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 ORAL JUDGMENT Heard the arguments of both sides. 2. Common judgment and award in MVC Nos. 316/2013 and 362/2013 was passed on 08.03.2016. The present appeal arises out of the award passed in MVC No. 362/2013 by the Court of the Principal District Judge and Member of the Motor Accident Claims Tribunal, Chikkamagaluru (hereinafter referred to as ‘the Tribunal’), seeking enhancement of compensation. 3. The injured claimant met with an accident on 13.02.2013 and filed a claim petition seeking compensation of Rs.3,00,000/-. The Tribunal, after considering the entire evidence on record, awarded global compensation of Rs.10,000/- with interest at the rate of 6% per annum from the date of the petition till the date of deposit 4. Aggrieved by the said order, the appellant has preferred the present appeal, mainly contending that, at the time of the accident, she was standing by the side of - 4 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 the road along with her daughter. At that time, the Tata Ace bearing Reg. No.KA-18/B-2004 came in a rash and negligent manner and dashed against her, as a result of which she sustained fracture injuries, which are grievous in nature. The appellant was admitted to the hospital as an inpatient from 15.02.2013 to 01.03.2013 for a period of 15 days. She incurred substantial medical expenses and suffered 5% disability. However, the Tribunal awarded a global compensation of Rs.10,000/-, which is meager and inadequate. She also examined the doctor as CW.2 thus, enhancement of compensation. 5. The appellant stated that she was aged 44 years, working as an agricultural labourer and earning Rs.150/- per day. However, she has not produced any documentary evidence to establish her income. As the accident occurred in the year 2013, this Court finds it just and reasonable to take her notional income at Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The appellant was aged 44 - 5 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 years at the time of the accident, the relevant multiplier is ‘14’. 6. The appellant filed wound certificate as Ex.P.49 and also examined the doctor as CW.2. She sustained fracture of the right inferior pubic ramus and left superior pubic ramus, which are grievous in nature. Ex.P.50 is the discharge summary issued by Wenlock Hospital, Mangaluru, which shows that the petitioner had sustained fracture of the right inferior pubic ramus and left superior pubic ramus and was admitted as an inpatient from 15.02.2013 to 01.03.2013. The discharge summary under Ex.P.50 further discloses that the petitioner had not undergone any surgery and that the injuries were treated conservatively. An X-ray was taken, which showed that the fractures had united. The doctor has also stated that the movements of both hips were full and the muscle power of both hips was normal. The pubic bone fracture had healed well and the range of movement of both hip joints was normal. Hence, he has assessed the disability at - 6 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 5% in respect of the above injuries. Considering the nature of the injuries and the medical evidence on record, this Court finds it just and reasonable to take the disability at 5%. Therefore, the loss of future earning capacity comes to Rs.8,000/- x 12 x 14 x 5% = Rs.67,200/-. 7. Considering the nature of the injuries, her age, occupation and other relevant factors, this Court finds it just and reasonable to grant an amount of Rs.30,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities and Rs.15,000/- towards transportation, extra nourishment and attendant charges. The appellant might not have attended to her work for a period of at least three months. Therefore, an amount of Rs.24,000/- is granted towards loss of income during the laid-up period. 8. As the appellant had sustained fracture injuries and undergone treatment, this Court finds it just and reasonable to award an amount of Rs.5,000/- towards medical expenses. - 7 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 9. Thus, the compensation awarded by this Court is as follows: 10. In summary, the appellant/claimant is entitled to a total compensation of Rs.1,56,200/- as against Rs.10,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,46,200/-. To this extent, the award passed by the Tribunal is modified. 11. In the result, pass the following: Particulars Amount in Rs. Loss of future earning capacity 67,200.00 Pain and suffering 30,000.00 Loss of amenities 15,000.00 Transportation, extra nourishment and attendant charges 15,000.00 Medical expenses 5,000.00 loss of income during laid- up period 24,000.00 Total 1,56,200.00 - 8 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 ORDER i. The appeal is allowed in-part. ii. The judgment and award dated 08.03.2016 passed in MVC No.362/2013 by the Court the Principal District Judge and Member of Motor Accident Claims Tribunal, Chikkmagalur, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,46,200/-. (Rs.1,56,200/- minus Rs.10,000/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.3/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.1,46,200/- with interest rate of 6% within one month from the date of this order. - 9 - HC-KAR CNR: KAHC010543702016 NC: 2026:KHC:41954 MFA No. 4742 of 2016 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.: 58