- 1 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3185 OF 2015 (MV-I) BETWEEN: SRI PADMAVATHI, W/O UDAYA SHANKAR, AGED ABOUT 50 YEARS, R/AT NO.4, SECTOR NO.1, HMT COLONY, JALAHALLI, BANGALORE - 560 013. …APPELLANT (BY SRI. M ANIL KUMAR.,ADVOCATE) AND: 1. THE DIVISIONAL MANAGER, THE ORIENTAL ASSURANCE CO. LTD, DIVISIONAL OFFICE-7, NO.1, SHANKAR HOUSE, 3RD FLOOR, RMV EXTENSION, MEKRI CIRCLE, BANGALORE - 560 080, (POLICY NO.421701/31/2010/1708 VALID FROM 25.04.2009 TO 24.04.2010) 2. MR SURESH G. P. S/O CHALLAPPA, NO.E-71, RAMANNA BUILDING, KAMAGONDANAHALLI JALAHALLI WEST, BANGALORE - 560 015. …RESPONDENTS (BY SRI. AKSHAY P. V., ADVOCATE FOR SRI. A RAVISHANKAR., ADVOCATE FOR R1; VIDE ORDER DATED 31.03.2022 NOTICE TO R2 IS H/S) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2011 PASSED IN MVC NO.3170/2010 ON THE FILE OF THE VII ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 22.06.2011 passed in MVC No.3170/2010 on the file of the VII Additional Judge, Member, MACT-3, Court of Small Causes, Bangalore, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the both sides. 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 27.03.2010 and filed petition before the Tribunal for compensation of Rs.6,00,000/-. The Tribunal considering - 3 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 the entire evidence on record granted an amount of Rs.2,05,108/- with interest at the rate of 8% p.a. 4. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/claimant was working in administrative department at M/S MN Technical Institute, Kammagondanahalli and earning Rs.7,500/- per month. She was unable to do her work from 27.03.2010 to 31.07.2010 and she had suffered loss of payment during the said period. PW.2 stated that the petitioner suffered 36% disability to the left lower limb and 12% to the whole body. The amounts granted by the Tribunal under the other heads are meagre. Therefore, requested for enhancement of the compensation. 5. Learned counsel for the respondents stated that the Tribunal rightly considered all the aspects and granted reasonable compensation and requested the Court to confirm the same. 6. Though it is stated that the petitioner/injured was working in the administrative department at M/S MN Technical - 4 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 Institute, Kammagondanahalli, which is a private institute and filed Ex.P.7-Salary Certificate. A perusal of the document shows that she was getting a gross salary of Rs.7,000/- per month and after deductions, getting a net salary of Rs.6,650/- per month. Therefore, the Tribunal rightly considered her income as Rs.6,650/- per month. This Court finds no reason to interfere with the said finding. The petitioner/injured was aged 45 years and the applicable multiplier is ‘14’. The petitioner filed Ex.P.5- wound certificate, Ex.P.6-discharge summary and examined the doctor as PW.2. PW.2 stated that the petitioner sustained type- VI schatzker fracture left tibial condyle. She underwent open reduction and internal fixation of left tibial condyle with dual buttress plating on 29.03.2010 and was discharged on 31.03.2010. She was under follow-up treatment and has complained of constant pain over left knee, radiating to leg and foot, cannot bear full weight on left leg. PW.2 further stated that the movements of left knee are restricted and painful, finds difficulty in sitting, standing for short periods, squatting, fast walking, climbing stairs and using Indian toilet and she was limping while walking. PW.2 assessed the disability of 36% to - 5 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 the left lower limb and 12% to the whole body. Though the petitioner stated that she had resigned her job, she has not filed any document. The petitioner was working in a private organization and continued to work even after the accident. Therefore, the Tribunal has not granted any amount under the head loss of future earning capacity. The petitioner filed Ex.P.8 to show that she was on rest for 4 months. Therefore, the Tribunal granted Rs.26,600/- towards loss of income during the laid up period and the said amount is confirmed. The Tribunal also granted a sum of Rs.93,508/- towards medical expenses and Rs.20,000/- towards future medical expenses and the said amounts are confirmed. Considering the period of hospitalization, her occupation, age, nature of injuries and other relevant factors, this Court finds that it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. 7. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,50,108/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 22.06.2011 passed in MVC No.3170/2010 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards loss of amenities 30,000/- 3. Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of income during laid up period 26,600/- 5. Towards medical expenses 93,508/- 6. Towards future medical expenses 20,000/- Total 2,50,108/- - 7 - HC-KAR CNR: KAHC010245962015 NC: 2026:KHC:40375 MFA No. 3185 of 2015 VII Additional Judge, Member, MACT-3, Court of Small Causes, Bangalore, is modified. iii. The claimant is entitled to a sum of Rs.2,50,108/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,05,108/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.45,000/- 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.: 11