- 1 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1379 OF 2023(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.4363 OF 2023(MV-I) IN MFA NO.1379/2023 BETWEEN: SMT. RASHMI P. W/O. NAGENDRA K. C. AGED ABOUT 36 YEARS R/AT 113, 14TH MAIN 4TH CROSS, MUNESHWARA BLOCK MAHALAKSHMI LAYOUT BENGALURU-560 086 …APPELLANT (BY SMT. NAGANANDINI S., ADVOCATE) AND: SMT. RATHNA @ RATHNAMMA W/O. VENKATESH AGED ABOUT 38 YEARS R/AT NO.20/7, 4TH CROSS H.M. NAYAKA ROAD, JAI MARUTHINAGAR NANDINI LAYOUT BENGALURU-560 096 …RESPONDENT (BY SRI SHIVANANDA, ADVOCATE FOR; SRI P. NATARAJU, ADVOCATE) Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2022 PASSED IN MVC NO.3297/2021 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, SCCH-26, AWARDING COMPENSATION OF RS.3,02,200/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF FILING OF PETITION UNTIL REALIZATION. IN MFA NO.4363/2023 BETWEEN: SMT. RATHNA @ RATHNAMMA W/O. VENKATESH AGED ABOUT 38 YEARS R/AT NO.20/7, 4TH CROSS H.M. NAYAKA ROAD, NANDINI LAYOUT BENGALURU-560 096 ...APPELLANT (BY SRI SHIVANANDA, ADVOCATE FOR; SRI P. NATARAJU, ADVOCATE) AND: SMT. RASHMI P. W/O. NAGENDRA K. C. MAJOR R/AT 113, 14TH MAIN, 4TH CROSS MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT BENGALURU-560 086 ...RESPONDENT (BY SMT. NAGANANDINI S., ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.11.2022 PASSED IN MVC NO.3297/2021 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE, ACMM, MEMBER, MACT, BENGALURU, (SCCH-26), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Ms.Naganandini S., learned counsel for the appellant in MFA No.1379/2023 who is representing the respondent in the connected appeal. Also heard Sri.Shivananda who represents Sri.P.Nataraju, learned counsel for the respondent in MFA No.1379/2023, who is representing the appellant in the connected matter. 2. Both the appeals are the outcome of the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru, in MVC No.3297/2021 dated 23.11.2022. While the owner of the vehicle which is involved in the accident filed MFA No.1379/2023 with a version that she is not entitled to pay any compensation to the claimant, claimant filed MFA No.4363/2023 seeking enhancement in compensation. - 4 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 3. Arguing in respect of the stand taken that the claimant is negligent, learned counsel who represents the owner of the vehicle which is involved in the accident, Ms. Naganandini S. submits that the claimant was walking on the road, talking over mobile phone, without observing the traffic and without following the road rules and regulations. Thereby she herself hit the Balero car which is involved in the accident and thus sustained injuries. Thus, the claimant is totally at fault. Hence the tribunal erred in fastening liability upon the owner of the vehicle. 4. The manner of happening of accident as projected by the claimant before the tribunal is that, on 03.01.2021 at about 01.40 p.m., while she was proceeding towards her house and when she reached near Pavitra Dri clinic Shop, Rajajinagar I Block, Bengaluru, at that time a Balero car bearing registration No.KA.02 MN.2507 which was being driven by its driver at a high speed and in a rash and negligent manner dashed against her, due to which she fell down and sustained injuries. - 5 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 5. It is not in dispute that police registered a case against the driver of the car basing on the complaint given, conducted investigation and finally laid charge sheet against the driver of the car only. The version of the owner is that the claimant was proceeding on the road without following road rules and regulations being involved in telephonic conversation. However, no material whatsoever is produced by the owner to substantiate said version. None of the witnesses were examined and no documents were produced. A bare statement without any substantive proof cannot be taken into consideration to hold that the said statement is true and correct. The claimant by producing all evidence established on the other hand that the driver of the car was at fault. Therefore, this Court is of the view that there are no grounds whatsoever to interfere with the findings given by the tribunal on the aspect of negligence. 6. Coming to quantum, learned counsel who represents the claimant submits that the claimant - 6 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 sustained grievous injuries in the road traffic accident, but the tribunal assessing the functional disability as 6% in respect of whole body awarded very meager sum as compensation towards loss of future earnings. Learned counsel also states that the compensation granted under other heads is on lower side. Learned counsel further submits that no amount is granted to meet future medical expenses. 7. It is not in dispute that the claimant sustained fracture of both bones of distal 1/3rd of right leg which is grievous in nature. Having considered the fact that the fracture is united, the tribunal took the disability in respect of whole body as 6% and therefore the observation made needs no interference. Also no convincing material is produced to show that the appellant requires further treatment and the expenditure she need to incur. However considering the submission that is made by learned counsel for the claimant that the implants are required to be removed, this Court is of the view that a sum of - 7 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 ₹10,000/- can be granted towards future medical expenses. Also compensation granted for the pain and suffering i.e. ₹10,000/- is on lower side. Therefore, this Court is of the view that the compensation that is granted by the tribunal under said head is required to be enhanced by ₹10,000/-. 8. Therefore, both the appeals are disposed of with the following ORDER i) The appeal in MFA No.1379/2023 is dismissed. ii) The appeal in MFA No.4363/2023 is allowed in part. iii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru, through orders in MVC No.3297/2021 dated 23.11.2022 is enhanced by ₹20,000/-. iv) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 8 - HC-KAR NC: 2026:KHC:4355 MFA No. 1379 of 2023 C/W MFA No. 4363 of 2023 v) Owner of the offending vehicle is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. vi) On such deposit, claimant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 48