- 1 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO.6093 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.5559 OF 2021(MV-I) IN MFA No. 6093/2021 BETWEEN: SABIHA BANU S/O S.K. MUSHTAQ AHAMED AGED ABOUT 52 YEARS, R/O NO.1098/2, 3RD MAIN, 4TH CROSS, KTJ NAGAR DAVANAGERE - 577 001. …APPELLANT (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. BORANNA N.O. S/O PADLA OBAIAH, AGED ABOUT 27 YEARS, R/O C/O MALLIKARJUNA S/O SANNA THIPPESWAMY Digitally signed by NAGARATHNA M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 R/O NO.45, RAYAPURA POST MOLAKALMURU TALUK - 577 535 CHITRADURGA DISTRICT. 2. MALLIKARJUNA S/O SANNA THIPPESWAMY, MAJOR, R/O NO.45, RAYAPURA POST MOLAKALMURU TALUK - 577 535 CHITRADURGA DISTRICT. 3. THE MANAGER, RELIANCE GENERAL INSURANCE COM. LTD., R/O 1ST FLOOR, MAGANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, B.D. ROAD, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR RESPONDENT NO.3; VIDE ORDER DATED 04.07.2023, NOTICE TO RESPONDENT NOS.1 AND 2 IS DISPESNED WITH) ---- THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.02.2019 PASSED IN MVC NO.506/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MEMBER, MACT-IV, DAVANGERE, PARTLY ALLOWING - 3 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5559/2021 BETWEEN: KHASIM SAB K. S/O KAREEM SAB P AGED ABOUT 42 YEARS, R/O NO.919/2A/89/90, 7TH MAIN, 5TH CROSS, NEAR TRISHUL SCHOOL, K.B. BADAVANE DAVANAGERE - 577 002. ...APPELLANT (BY SRI. HANUMANTHAPPA A., ADVOCATE) AND: 1. BORANNA N.O. S/O PADLA OBAIAH, AGED ABOUT 27 YEARS, R/O C/O MALLIKARJUNA S/O SANNA THIPPESWAMY R/O NO.45, RAYAPURA POST MOLAKALMURU TALUK - 577 535 CHITRADURGA DISTRICT. 2. MALLIKARJUNA - 4 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 S/O SANNA THIPPESWAMY, AGED MAJOR, R/O NO.45, RAYAPURA POST MOLAKALMURU TALUK - 577 535 CHITRADURGA DISTRICT. 3. THE MANAGER, RELIANCE GENERAL INSURANCE COM. LTD., R/O 1ST FLOOR, MAGANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, B.D. ROAD, CHITRADURGA - 577 501. ...RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R3; VIDE ORDER DATED 02.06.2023, NOTICE TO RESPONDENT NOS.1 AND 2 IS DISPENSED WITH) ---- THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.02.2019 PASSED IN MVC NO.508/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 5 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 ORAL JUDGMENT MFA No.6093/2021 is filed by the claimant against the judgment and award dated 08.02.2019 passed by the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, in MVC No.506/2018. 2. MFA No.6093/2021 is filed by the claimant against the judgment and award dated 08.02.2019 passed by the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, in MVC No.508/2018. 3. Brief facts of the case are that on 14.04.2018, appellants/claimants along with their family members were travelling from Davanagere to Bhadravathi in a car bearing registration No.KA-17/N-9975. When the said car was moving near Joladal village on Channagiri - Bhadravathi road at about 2.30 p.m., a tractor bearing registration No.KA-28/6880 being driven by its driver came from opposite direction in a rash and negligent manner, dashed against the car in which the appellants/claimants were travelling. As a result, the appellants/claimants sustained injuries. Immediately, they were - 6 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 shifted to the hospitals for treatment. The injured/claimants filed claim petitions before the Tribunal claiming compensation. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation in respective cases as follows:- IN MVC No.506/2018 SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 20,000 2. Food and nourishment, attendant and conveyance charges 12,000 3. Loss of income during laid up period 18,000 4. Medical expenses 1,60,590 5. Loss of earning due to disability 70,200 6. Loss of amenities and unhappiness 10,000 Total 2,88,790 IN MVC No.508/2018 SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 20,000 2. Food and nourishment, attendant and conveyance charges 4,000 3. Loss of income during laid up period 9,000 4. Medical expenses 31,081 5. Loss of earning due to disability 64,800 6. Loss of amenities and unhappiness 10,000 - 7 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 Total 1,38,881 4. Aggrieved by the compensation awarded by the Tribunal, the claimants in MVC No.506/2018 and MVC No.508/2018 are before this Court in these appeals, seeking for enhancement of compensation. 5. The submission of the learned counsel for the appellant/claimant in MFA No.6093/2021 is that the appellant/claimant has sustained lacerated wound over scalp (20 cms) and fracture of shaft right humerus. The injured/claimant has taken treatment at Maax Hospital and she underwent surgery and taken treatment for a period of ten days. The doctor assessed her disability as 13.14%. However, the Tribunal has not considered same. Further, it is submitted that the Tribunal has awarded Rs.10,000/- towards loss of amenities, Rs.12,000/- towards food, nourishment, attendant and conveyance charges, Rs.18,000/- towards loss of income during laid up period, which required to be enhanced. In fact, the appellant/claimant was working as beautician and was earning Rs.25,000/- per month. The Tribunal without application of mind, arrived at a conclusion that she was - 8 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 earning Rs.9,000/- per month, which is arbitrary and without any basis. By making such submissions, the learned counsel for the appellant/claimant prays to enhance the compensation. 6. The submission of the learned counsel for the appellant/claimant in MFA No.5559/2021 is that the appellant/claimant has sustained Type-II open fracture ulna right and lacerated wound 7 cms over ulna lower 3rd right forearm. Though the injuries are grievous in nature, the Tribunal has committed error in awarding meager compensation towards pain and suffering. The Doctor has assessed the disability at 11.22%. However, the Tribunal has not considered same. The compensation awarded by the Tribunal towards loss of amenities, food, nourishment and attendant charges, loss of income during laid up period is not just and proper. The monthly income of the claimant assessed by the Tribunal is also meager. In fact, the appellant was working as a driver by profession and he was earning Rs.15,000/- per month. Due to the said injuries, he cannot work as earlier. Therefore, the income and disability has to be considered properly. By making such submissions, learned - 9 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 counsel for the appellant/claimant prays to enhance the compensation. 7. Per contra, the learned counsel for the Insurance Company in both the appeals submitted that the compensation awarded by the Tribunal is just and proper and there is no need to interfere with the said compensation. By making such submissions, the learned counsel for the Insurance Company prays to dismiss the appeals. 8. Having heard the learned counsel for the respective parties and on perusal of the judgment and award passed by the Tribunal, it would indicate that the appellant/claimant in MFA No.6093/2021 has sustained lacerated wound over scalp (20 cms) and fracture of shaft right humerus. She was working as a beautician and earning Rs.25,000/- per month. Having regard to the age, avocation and nature of the injuries sustained by the claimant, this Court considers it appropriate to take income of the claimant at Rs.12,500/- per month. Further, the compensation awarded by the Tribunal towards other heads requires to be modified. Hence, the compensation - 10 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 payable to the appellant/claimant in MFA No.6093/2021 is modified as follows:- IN MVC No.506/2018 (MFA No.6093/2021) SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000 2. Food and nourishment, attendant and conveyance charges 12,000 3. Loss of income during laid up period (for 3 months) (12,500 x 3) 37,500 4. Medical expenses 1,60,590 5. Loss of earning due to disability (12,500 x 12 x 13 x 5%) 97,500 6. Loss of amenities and unhappiness 30,000 Total 3,87,590 9. Hence, the appellant/claimant in MFA No.6093/2021 is entitled to the total compensation of Rs.3,87,590/- as against Rs.2,88,790/- awarded by the Tribunal. She is entitled to enhanced compensation of Rs.98,800/- (3,87,590 - 2,88,790) rounded off to Rs.1,00,000/- with interest at the rate of 6% per annum from the date of claim petition till the date of payment. - 11 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 10. The appellant/claimant in MFA No.5559/2021 has sustained Type-II open fracture ulna right and lacerated wound 7 cms over ulna lower 3rd right forearm. He was working as a driver and earning Rs.15,000/- per month. Having regard to the age, avocation and nature of the injuries sustained by the claimant, this Court considers it appropriate to take income of the claimant at Rs.12,500/- per month. Further, the compensation awarded by the Tribunal towards other heads requires to be modified. Hence, the compensation payable to the appellant/claimant in MFA No.5559/2021 is modified as follows:- IN MVC No.508/2018 (MFA No.5559/2021) SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000 2. Food and nourishment, attendant and conveyance charges 10,000 3. Loss of income during laid up period (for 3 months) (12,500 x 3) 37,500 4. Medical expenses 31,081 5. Loss of earning due to disability (12,500 x 12 x 15 x 4%) 90,000 6. Loss of amenities and unhappiness 30,000 Total 2,48,581 - 12 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 11. Hence, the appellant/claimant in MFA No.5559/2021 is entitled to the total compensation of Rs.2,48,581/- as against Rs.1,38,881/- awarded by the Tribunal. He is entitled to enhanced compensation of Rs.1,09,700/- (2,48,581 - 1,38,881) rounded off to Rs.1,10,000/- with interest at the rate of 6% per annum from the date of claim petition till the date of payment. 12. In view of the above, I proceed to pass the following ORDER i. MFA No.6093/2021 and MFA No.5559/2021 are allowed-in-part. ii. The judgment and award dated 08.02.2019 passed by the Principal Senior Civil Judge and Member, MACT- IV, Davanagere, in MVC No.506/2018 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,00,000/- (Rupees One Lakh only) in addition to the compensation awarded by the Tribunal, along with interest at the - 13 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 rate of 6% per annum from the date of claim petition till realization. However, she is not entitled for the interest for the delayed period of 296 days in filing the appeal. iii. The judgment and award dated 08.02.2019 passed by the Principal Senior Civil Judge and Member, MACT- IV, Davanagere, in MVC No.508/2018 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,10,000/- (Rupees One Lakh Ten Thousand only) in addition to the compensation awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of claim petition till realization. However, he is not entitled for the interest for the delayed period of 296 days in filing the appeal. iv. Respondent No.2 - Insurance Company in both the appeals is directed to deposit the compensation amount along with interest at the rate of 6% per annum, before the Tribunal. - 14 - HC-KAR CNR: KAHC010408182020 NC: 2026:KHC:51777 MFA No. 6093 of 2021 C/W MFA No. 5559 of 2021 v. On such deposit, the claimants in both the cases are permitted to withdraw the entire amount along with interest accrued on it. vi. Draw award accordingly. Sd/- (S RACHAIAH) JUDGE PMR List No.: 1 Sl No.: 43