- 1 - HC-KAR NC: 2026:KHC:21417 MFA No. 8346 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 8346 OF 2018 (MV-I) BETWEEN: SMT. MADHU SHALINI W/O VINAY KUMAR TRIPATI AGED ABOUT 33 YEARS, R/AT NO.4/5, SMQ, AIR FORCE STATION, BELLARY ROAD, BENGALURU. &APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. TATA AIG GENERAL INSURANCE CO.LTD., NO.83, 2ND FLOOR, 7TH CROSS, 4TH "B" BLOCK, ABOVE HDFC BANK, NEAR BDA COMPLEX, BENGALURU - 560 034 REP. BY ITS MANAGER. 2. SRI. KHAJA MOINUDDIN MOHD MALAKPET, HYDERABAD - 500 001 TELANGANA. &RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21417 MFA No. 8346 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.07.2018 PASSED IN MVC NO.6299/2017 ON THE FILE OF THE 8TH ADDITIONAL SMALL CAUSE JUDGE & 33RD ACMM, MEMBER, MACT, BENGALURU, 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 02.07.2018 passed in MVC No.6299/2017 by the Court of VIII Additional Small Causes Judge and M.A.C.T., Bengaluru (SCCH-5) (for short, 8Tribunal9). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:21417 MFA No. 8346 of 2018 3. Heard Sri. Raghu R., learned counsel for the appellant and Sri. Ravi S. Samprathi, learned counsel for respondent No.1. 4. The appellant as well as the respondent are not in dispute that the appellant met with a road accident on 31.08.2017 and sustained grievous injuries. She was provided treatment at Commando Hospital, Bengaluru. She was inpatient for a period of 5 days and she sustained fracture of shaft of the humorous left side. 5. Considering the said fracture and taking note of the evidence of PW.2, I am of the considered view that the income as well as the disability is required to be re-assessed appropriately and accordingly, the income is assessed at Rs.11,000/- per month as per the notional income chart prepared by the Karnataka State Legal Services Authority and disability at 15%. The Tribunal has not awarded any compensation under the head of 'loss of income during the laid up period'. Having re-assessed the - 4 - HC-KAR NC: 2026:KHC:21417 MFA No. 8346 of 2018 income and disability, the compensation is re-assessed as under. 6. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.4,44,800/- as against Rs.2,19,000/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 02.07.2018 passed by the Tribunal in HEADS AMOUNT (in Rs.) Incidental expenses 10,000.00 Loss of future earnings due to disability (Rs.11,000 x 12 x 16 x 15%) 3,16,800.00 Future medical expenses 15,000.00 Pain and suffering 45,000.00 Loss of amenities 25,000.00 Loss of income during laid up period (Rs.11,000 x 3 months) 33,000.00 Total 4,44,800.00 - 5 - HC-KAR NC: 2026:KHC:21417 MFA No. 8346 of 2018 M.V.C.No.6299/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.4,44,800/- as against Rs.2,19,000/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA, List No.: 1 Sl No.: 6