- 1 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7837 OF 2025 (MV-I) BETWEEN: RATHNAMMA W/O MAHADEVAIAH AGED ABOUT 45 YEARS R/AT HYAKANURU VILLAGE T. NARASIPURA TALUK MYSURU DISTRICT NOW R/AT C/O BASAVARAJU DEVANGA BEEDHI, KOLLEGALA TOWN YELANDUR TALUK CHAMARAJANAGARA DISTRICT - 571 441. …APPELLANT (BY SRI SREENIVASAN M.Y, ADVOCATE) AND: 1. SWARAJ SATHYANARAYAN S/O T. SATHYANARAYAN MAJOR, R/AT No. 299, VINAYA MARGA, SIDDARTHA NAGARA MYSURU - 570 011. 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO LTD., No.846, NEW KANTHARAJ ROAD ABOVE KRISHNA BAKERY NEAR AKSHAYA BHANDAR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 KUVEMPU NAGAR MYSURU - 570 023. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; VIDE ORDER DATED 30.07.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.03.2025 PASSED IN MVC No.48/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 29.03.2025 passed in MVC No.48/2020 by Senior Civil Jude and Additional MACT, Kollegal. 2. Even though the matter is listed today for orders, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. - 3 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by her in a road traffic accident occurred on 26.12.2019 contending that the accident occurred due to rash and negligent driving by the driver of Maruthi Bus bearing registration No.KA-09-D-3366. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Towards Pain and sufferings Rs. 30,000/- 2. Towards Medical expenses Rs. ----- 3. Towards diet, food, nourishment, attendant, conveyance charges and other expenses Rs. Rs.5,000/- 4. Towards loss of future earning capacity on account of permanent physical disability Rs. Rs.2,52,000/- 5. Loss of amenities of life and discomfort Rs. 30,000/- 6. Loss of income during the laid up period Rs. 28,000/- Total Rs. 3,45,000/- - 4 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to deposit the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant would contend that, the claimant has sustained two simple injuries and one grievous injury and the said grievous injury is fracture of neck of scapula (R) as per Ex.P5 - Wound Certificate. Considering the said injury, the compensation awarded towards pain and suffering, loss of amenities and loss of income during laid up period are on the lower side. He further submits that the compensation awarded towards loss of future earning is just and proper. With these, he prayed to allow the appeal. - 5 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 8. 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. With these, he prayed for dismissal of the appeal. 9. Having heard the learned counsel for appellant and learned counsel for respondent No.2/insurer, the Court has perused the Judgment, Award and Ex.P5 - certified copy of Wound Certificate which is made available by learned counsel for the appellant. 10. As per Ex.P5 - Wound Certificate, the claimant has sustained the following injuries: a) Swelling and tenderness in the (R) chest & (R) Hemithorax b) Swelling and tenderness in the (R) Parietal region c) Swelling and tenderness in the (C) knee joint. - 6 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 11. Out of the above said injuries, injury No.1 is a grievous injury and it is a fracture of neck of scapula (R). The claimant has been admitted in hospital for five (05) days. Considering the said injuries, the compensation awarded towards pain and suffering in a sum of Rs.30,000/- requires to be enhanced to Rs.60,000/- and loss of amenities in a sum of Rs.30,000/- requires to be enhanced to Rs.50,000/-. The Tribunal has awarded loss of income during laid up period for two (02) months. Considering the injuries sustained by the claimant, she has to take rest atleast for three (03) months and therefore, she is entitled for loss of income during laid up period for three (03) months in a sum of Rs.42,000/- as against Rs.28,000/- awarded by the Tribunal. 12. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: - 7 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 Sl. No. Particulars Amount 1. Towards Pain and sufferings Rs. 60,000/- 2. Towards Medical expenses Rs. ----- 3. Towards diet, food, nourishment, attendant, conveyance charges and other expenses Rs. Rs.5,000/- 4. Towards loss of future earning capacity on account of permanent physical disability Rs. Rs.2,52,000/- 5. Loss of amenities of life and discomfort Rs. 50,000/- 6. Loss of income during the laid up period Rs. 42,000/- Total Rs. 4,09,000/- 13. The claimant is entitled to total compensation of Rs.4,09,000/- as against Rs.3,45,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 14. Consequently, the claimant is entitled to enhanced compensation of Rs.64,000/- (Rs.4,09,000/- - Rs.3,45,000/-) with interest at the rate of 6% per annum from the date of petition till realisation. 15. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. - 8 - HC-KAR CNR: KAHC010686452025 NC: 2026:KHC:39928 MFA No. 7837 of 2025 16. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.64,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 18