- 1 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4145 OF 2026 (MV-I) BETWEEN: SMT. HASEENA SULTHAN W/O ARIEF AGED ABOUT 38 YEARS. R/AT No.32/15, 1ST MAIN ROAD OPP. NES OFFICE, L.B.S.NAGAR YELAHANKA, BENGALURU NORTH BENGALURU-560 064. …APPELLANT (BY SRI. SREENIDHI P, ADVOCATE) AND: 1. SMT. A. V. LALITHAMMA C/O LATE VENKATESH REDDY R/AT: ARIKUNTE VILLAGE MANIGANAHALLI POST SRINIVASAPURA TALUK KOLAR DISTRICT-563 135. RC OWNER OF THE CAR BEARING REG.No.KA-07-M-8927). 2. UNIVERSAL SOMPO GEN.INS.CO.LTD., 3RD FLOOR, KVV SAMRAT, 217/A 3RD MAIN, OUTER RING ROAD KASTURINAGAR Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 BENGALURU - 560 043. REP.BY IT' S MANAGER. INSURER OF THE CAR BEARING REG.No.KA-07-M-8927 POLICY No.2311/71182213/00/000 VALID FROM 27.08.2023 TO 26.08.2024. 3. SRI. GIRISH. P.V S/O VENKATARAMAREDDY AGED MAJOR R/AT: PALICETIRLU VILLAGE KASABA HOBLI SIDDLAGHATTA TALUK CHIKKABALLAPURA – 562 105. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 1.7.2026, NOTICE TO R1 & R3 ARE D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:19/01/2026 PASSED IN MVC No.2443/2024 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE, AND THE MOTOR ACCIDENT TRIBUNAL (SCCH-23), AT BENGALURU, BY ENHANCING 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 appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 19.01.2026 passed in MVC No.2443/2024 by Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 the XXI Additional Small Causes Judge and Member, MACT, Bengaluru (SCCH-23). 2. The appellant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident occurred on 05.03.2024 contending that the accident occurred due to rash and negligent driving of the driver of Car bearing Regn.No.KA-07-M- 8927. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Attendant charges, extra nutritious food and conveyance charges 20,400/- 02. Pain and suffering 60,000/- 03. Loss of income during laid-up period 49,500/- 04. Medical expenses 3,75,000/- 05. Loss of future income due to disability 2,37,600/- 06. Loss of future amenities and happiness 50,000/- 07. Future medical expenses - nil - Total 7,92,500/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 3. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 4. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 5. The accident occurred on 05.03.2024 and as on the date of the accident, the claimant was aged 38 years. Considering the said age of the claimant, the Tribunal has rightly applied multiplier ‘15’. The notional income fixed for the year 2024 is Rs.17,000/- p.m. and the same is to be taken as against Rs.16,500/- taken by the Tribunal. 6. The claimant has sustained the following injuries: • Laceration 7 x 2 cm over forehead • Fracture of right femur Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 7. Considering the said injuries the compensation awarded towards pain and suffering in a sum of Rs.60,000/- and loss of amenities in a sum of Rs.50,000/- is just and proper. 8. The claimant has been admitted in the hospital for 17 days and considering the same, the compensation awarded towards attendant, conveyance charges, food and nourishment in a sum of Rs.20,400/- is just and proper. The Tribunal based on the medical bills has rightly awarded medical expenses of Rs.3,75,000/-. The claimant has been fixed with implants and for removal of the same, he has to undergo surgery and the same is stated by PW.2-Doctor. Considering the same, the claimant is entitled to future medical expenses of Rs.30,000/-. 9. The Tribunal has awarded loss of income during laid up period for three months by taking income at Rs.16,500/-. As now the income is taken at Rs.17,000/- p.m., the claimant is entitled to loss of income during laid Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 up period in a sum of Rs.51,000/- (Rs.17,000 x 3 months). 10. PW.2 is the Doctor who examined the claimant and assessed her disability and stated that claimant is having 50% disability to right lower limb and 25% disability to the whole body. The Tribunal has taken disability at 8%. The claimant has only sustained fracture of femur. Considering the same, disability stated by the Doctor is higher. Therefore, the functional disability is to be taken at 12%. In view of the above, the loss of future income due to disability is calculated as under: Rs.17,000 x 12 x 15 x 12% = Rs.3,67,200/- 11. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of future income due to disability 3,67,200/- 02. Pain and suffering 60,000/- 03. Loss of amenities 50,000/- 04. Attendant, conveyance charges 20,400/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 05. Medical expenses 3,75,000/- 06. Future medical expenses 30,000/- 07. Loss of income during laid up period 51,000/- Total 9,53,600/- 12. Considering the above aspects, the claimant is entitled to total compensation of Rs.9,53,600/- as against Rs.7,92,500/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,61,100/-. The claimant is not entitled to interest on future medical expenses of Rs.30,000/-. The claimant is entitled to interest @ 6% p.a. from the date of petition till realization on Rs.1,31,100/-. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. 13. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,61,100/-. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010381622026 NC: 2026:KHC:52769 MFA No. 4145 of 2026 iii) The appellant/claimant is not entitled to interest on future medical expenses of Rs.30,000/-. iv) The claimant is entitled to interest @ 6% p.a. from the date of petition till realization on Rs.1,31,100/-. v) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. vi) The appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 6 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA