- 1 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 2143 OF 2022 (MV-I) BETWEEN: LAKSHMAMMA W/O CHONEHE GOWDA AGED ABOUT 73 YEARS, SINCE MENTALLY DISORDERED HENCE RE.P BY GRAND SON BABU D.S. S/O SHIANNAGOWDA B AGED ABOUT 35 YEARS, R/AT NO.26 MUDAGANDURU MANDYA -571 416. …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., REP. BY THE MANAGER REGIONAL OFFICE, 5TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD HUDSON CIRCLE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 BENGALURU - 560 027. 2. KUMARA P S/O PUTTAMADA SHETTY NO.43/A, HAL AGURU (V AND P), MALAVALLI TALUK, MANDYA DISTRICT - 571 430. …RESPONDENTS (BY SRI. DEEPU G, ADVOCATE FOR SRI. SRINIVAS K.N, ADVOCATE FOR R1; VIDE COURT ORDER DATED 19.01.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2021 PASSED IN MVC NO. 4186/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 ORAL JUDGMENT Heard Sri. Vijayakumar.T learned counsel for the appellant as well as Sri. Deepu.G who represents Sri. Srinivasa K.N learned counsel on record for respondent No.1. 2. This appeal is the outcome of the award that is passed by the Principal Motor Accident Claims Tribunal, Bangalore in MVC No. 4186/2019 dated 25.01.2021. This is a claimant's appeal. 3. On the ground that she sustained grievous injuries in a road traffic accident that occurred in the year 2018 and became permanently and completely disabled, the appellant being represented by her grandson filed a petition claiming compensation of Rs.30,00,000/- in total. The tribunal through the impugned award held that the appellant is entitled to a sum of Rs.17,41,000/- as compensation. With a version that she is entitled to a higher sum the present appeal is filed. 4. Learned counsel for the appellant submits that the appellant due to the injuries sustained suffered a lot, took - 4 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 extensive treatment, but she became completely bed ridden. Learned counsel states that the appellant has to lead rest of her life remaining on bed and her day to day activities have to be taken care of by an attendant. Learned counsel submits that the appellant as an agricultural coolie was earning Rs.10,000/- per month. However, the tribunal took the notional income of the appellant as Rs.7,000/- per month only. Learned counsel also submits that the compensation that is granted by the tribunal towards pain and suffering, for food, nourishment, conveyance, towards loss of amenities, towards future medical expenses and attendant charges is grossly low. Learned counsel thereby seeks to award the sum that is claimed by the appellant. 5. Learned counsel who represents respondent No.1 on the other hand states that the compensation that is granted by the tribunal is just and reasonable however, there may be marginal enhancement. 6. It is not in dispute that the appellant sustained a lacerated wound over the right frontal region, an injury over right upper arm middle, a lacerated wound over the right - 5 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 cheek, lacerated wound over right elbow and lacerated wound over the left tibial region. Equally it is not in dispute that the NCCT Scan of brain revealed acute subarachnoid haemorrhage involving sulci of bilateral frontal lobes and soft tissue swelling of right parietal region. Equally it is not in dispute that the appellant was diagnosed with closed midshaft right humerus fracture. The appellant succeeded in establishing that she took extensive treatment at different hospitals. Also by the evidence of PW-2 it is clear that the appellant lacks spontaneous movements in lower limb, was found wheelchair bound, on feeding tube with tracheostomy and she needs significant assistance for daily activities. The assessment of PW-2 is that the neurological disability is around 90%. The tribunal took the functional disability as 100%. Thus, in the light of the nature of injuries sustained and the disability and as it is clearly brought on record that the appellant cannot attend even her daily activities on her own, this Court is of the view that the compensation granted by the tribunal under all heads except towards medical expenses and loss of future earnings is on lower side. - 6 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 7. Considering the fact that the appellant requires the assistance of an attendant throughout her life to attend her daily activities, perceiving the fact that the appellant would have suffered with huge pain due to the injuries sustained and also her agony during the period of treatment and therefore, this Court is of the view that the compensation that is granted by the tribunal is required to be enhanced globally by Rs.2,50,000/-. 8. Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Principal Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.4186/2019 dated 25.01.2021 is enhanced by Rs.2,50,000/-. - 7 - HC-KAR NC: 2026:KHC:2613 MFA No. 2143 of 2022 iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.1 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 7