- 1 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3511 OF 2015 (MV-I) BETWEEN: SMT LALIBAI W/O LATE THAVARENAIKA AGED ABOUT 65 YEARS R/O KURUDIHALLY LAMBANIHATTY CHALLAKERE TOWN - 577 522. …APPELLANT (BY SRI. R SHASHIDHARA ., ADVOCATE) AND: 1. M N RAJU S/O NAGANAGOWDA AGED ABOUT 42 YEARS OWNER OF LAKSHMI EXPRESS BUS BEARING NO. KA-17/A-6558 R/O MADAGINAKERE JAGALURU TALUK DAVANAGERE - 577 001. 2. THE BRANCH MANAGER NATIONAL INSURANCE CO. DIVISIONAL OFFICE SHIVA NARADAMUNI PLAZA MCC B BLOCK DENTAL COLLEGE ROAD DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, SRI. A. SRIKANTH, ADVOCATE FOR R1) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.01.2015 PASSED IN MVC NO.43/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, CHALLAKERE, 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 A common order was passed by Senior Civil Judge and Additional MACT, Challakere, (hereinafter referred as Tribunal) in MVC Nos.45/2014 c/w 43/2014 dated 16.01.2015. 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 16.01.2015 passed in MVC No.43/2014 on the file of the Senior Civil Judge and Additional MACT, Challakere, for enhancing the compensation. 3. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 The ranks of the parties are retained as per tribunal for the sake of convenience. 4. Injured claimant met with an accident on 14.11.2013 and filed claim petition claiming compensation of Rs.5 laksh. The Tribunal considered the entire evidence on record and granted an amount of Rs.21,758/- along with interest at the rate of 6% p.a., from the date of petition till realization. 5. Aggrieved by the said order appellant/claimant preferred this appeal and contended that the Tribunal granted meager amount under the other heads and further contended that the petitioner had spent more than Rs.50,000/- towards medical expenses, but the Tribunal granted Rs.3,758/- towards medical expenses and the amounts granted under other heads are meager. Appellant was doing coolie work and earning Rs.5,000/- per month. Doctor was examined as PW3 and he assessed the disability as 9% to the lower limb and 38% to the upper - 4 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 limb. But the Tribunal has taken only 9%. The tribunal has not granted any amount under the head loss of future income and thus requested for enhancement of the compensation. 6. Learned counsel for the respondents stated that the PW3 is not a treated doctor. As such, the tribunal has rightly not granted any amount under the head loss of future income, therefore requested this Court to confirm the order of the Tribunal Court. 7. Further, the learned counsel for petitioner stated that she was coolie and was earning Rs.5,000/- per month but she has not filed any income proof. As she met with an accident in the year 2013, this Court finds that it is just and reasonable to take her notional income as Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority and she was aged 65 years and the relevant multiplier is ‘7’. She filed Ex.P3/wound certificate and Ex.P20 is the disability certificate and she - 5 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 examined the doctor as PW3 and he stated that the petitioner sustained (1) Tenderness of thigh and hip joint, (2) Abrasion over occipital region and (3) Tenderness of right elbow and out of the said injuries, injury Nos.1 and 3 are grevious in nature and No.2 is simple. PW3/Doctor who is an orthopedic surgeon stated that the petitioner sustained fracture of greater trochanter of the (L) femur and fracture of the L/E of (R) radius, following which she was given first aid at Government General Hospital and treated conservatively for both the fractures and she further compalained of pain in the (L) hip (R) wrist and difficulty in carrying out activities of daily living. Further stated that on clinical examination there is mal united fracture, as such, he assessed the disability as 9% to the affected lower limb and 38% to the upper limb. But as he is not a treated doctor, the Tribunal has not considered the disability assessed by the doctor. Relying upon the medical evidence this court finds that it is just and reasonable to consider 1/3rd of 47% (38+9) = 16%. - 6 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 Hence, loss of future income is considered as Rs.8000 x 12 x 7 x 16% = Rs.1,07,520/-. So considering her occupation, age, nature of injuries, period of hospitalization and other relevant factors, this Court finds that it is just and reasonable to grant an amount of Rs.40,000/- for pain and suffering, Rs.20,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 4 months. Therefore, Rs.32,000 is to be granted under the head loss of income during laid up period. Tribunal already granted Rs.3,758/- towards medical expenses and the said amount is confirmed. 8. Thus in all, components awarded by this court are as below, - 7 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 Hence, the compensation granted by tribunal is enhanced from Rs.21,758/- to Rs. 2,33,278/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 16.01.2015 passed in MVC No.43/2014 on Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,07,520 2 Pain and suffering 40,000 3 Loss of amenities 20,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 32,000 6 Medical bills 3,758 Total 2,33,278 - 8 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 the file of the Senior Civil Judge and Additional MACT, Challakere is modified. iii. The claimant is entitled to a sum of Rs. 2,33,278/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.21,758/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.2,11,520/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR CNR: KAHC010267422015 NC: 2026:KHC:45634 MFA No. 3511 of 2015 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 16