- 1 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5038 OF 2024(MV-I) BETWEEN: SHANTHAKUMARI N., D/O NAGARAJU, AGED ABOUT 23 YEARS, R/AT 2ND CROSS, NEAR DOBHI GHAT, BHUVANESHWARINAGAR, BENGALURU-560019. &APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. UNITED INDIA INS. CO.LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, 5TH FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU-560001. 2. MURTHY K. M., S/O MUNIYELLAPPA, AGED MAJOR, R/AT NO.51, 2ND MAIN, 4TH CROSS, KADUBEESANAHALLI, BELLANDUR POST, BENGALURU-560103. &RESPONDENTS (BY SRI. KRISHNA KISHORE S., ADVOCATE FOR R1; V/O. DATED 29.08.2025, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 NOTICE TO R2 DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.02.2024 PASSED IN MVC NO.452/2023 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 17.02.2024 passed by the VIII Additional Small Causes Judge and MACT, Bengaluru, in MVC No. 452 of 2023. 2. The injured claimant, aged 22 years, met with an accident on 20.12.2022, and filed a claim application claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.3,93,551/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that petitioner was - 3 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 aged 22 years, doing computer operating work and earning Rs.25,000/- per month, but the Tribunal erred in taking her income is Rs.14,980/- per month which is on lower side. She was inpatient for a period of 3 days in the hospital and spent Rs.2,00,000/- towards medical expenses. She examined the doctor as PW2 and he assessed the disability to the arm as 34.23% and 17% to the whole body, but the Tribunal erred in taking disability at 8%. It is also contended that she was a computer operator and she sustained injury to her arm. As such, her earning capacity is completely diminished and the amounts granted under the other heads are meagre. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. Though it is stated that claimant was earning Rs.25,000/- per month, she has not filed any income proof. As she met with an accident in the year 2022, this Court finds it reasonable to take her total income as Rs.15,500/- as per the chart prepared by Karnataka State Legal Services Authority. She was aged 22 years and the multiplier is 18. - 4 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 6. The claimant filed wound certificate under Exhibit P6 and also examined of the P.W.2, who is an orthopaedic surgeon and he stated that petitioner sustained closed fracture shaft of left humerus and he further stated that surgery was conducted and now it is united. He also stated that there was pain and difficulty in having left, right and right upper limb for activities of the daily living, inability to lift weight, carry on with overhead activities and inability to operate computer, wasting of left upper limb is seen. Surgical scars are seen over left arm, the movements of left shoulder and elbow are restricted. United fracture of humerus with implants in situ, and finally, assessed the disability of the left upper limb as 34% and that of the whole body as 17%. It is stated that the disability comes in the way of her working as she is a computer operator and she needs another surgery for removal of the implants and the estimated cost of the surgery is Rs.40,000/-. Considering the above evidence, this court finds it reasonable to take one third of the disability as 11%. Therefore, loss of future earning capacity comes to Rs.3,68,280/- (15,500 x12x18x11%). - 5 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 7. The claimant incurred Rs.74,717/- towards medical expenses as per Exhibit P12 to Exhibit P14 and the said amount is confirmed. 8. The claimant was hospitalised for a period of 8 days. Considering the nature of injuries, her occupation, age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. The claimant might not have attended her work at least for a period of 4 months, therefore, Rs.62,000/- (15,500 x4) is granted under the head loss of income during laid up period. The doctor suggested that she requires another surgery for removal of implants and estimated the cost as Rs.40,000/-. Therefore, this court also finds it reasonable to grant an amount of Rs.40,000/- for future medical expenses. The total compensation comes to Rs.6,74,997/-. 9. Thus, in all, the claimant is entitled for the compensation of Rs.6,74,997/- with interest at 6% per annum as against Rs.3,93,551/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 3,68,280/- 2. Medical expenses 74,717/- 3. Pain and Suffering 60,000/- 4. Loss of amenities 30,000/- 5. Transportation, extra nourishment and attendant charges 40,000/- 6. Loss of earning during the laid up period 62,000/- 7. Future medical expenses 40,000/- Total 6,74,997/- 11. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.6,74,997/- with interest at 6% per annum from the date of petition till the date of realization. - 7 - HC-KAR NC: 2026:KHC:16062 MFA No. 5038 of 2024 (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.2,81,446/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 61