- 1 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1620/2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1603/2024 (MV-I) IN MFA No. 1620/2024 BETWEEN: ANULAMMA W/O MARULASIDDAPPA K.S NOW AGED ABOUT 54 YEARS R/O KURKI VILLAGE DAVANAGERE TALUK …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. RAJABAKSHI S/O LALSAB HARLAPURA AGED MAJOR R/OMUDDABALLI KOPPALA 583 231. 2. THE MANAGER UNITED INDIA INS. CO. LTD MALLIKARJUNA COMPLEX PRAVASI MANDIRA ROAD, DAVANAGERE 577 001 …RESPONDENTS (BY SRI. R SHASHIDHARA., ADVOCATE FOR R1, SRI. RAVISH BENNI, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.08.2023 PASSED IN MVC NO.305/2022 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1603/2024: BETWEEN: MARLUASIDDAPPA S/O SHANMUKAPPA K NOW AGED ABOUT 62 YEARS R/O KURKI VILLAGE DAVANAGER TALUK ...APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. RAJABAKSHI S/O LALSAB HARLAPURA AGED MAJOR R/O MUDDABALLI KOPPALA-583 231 2. THE MANAGER UNITED INDIA INS. CO. LTD., MALLIKARJUNA COMPLEX PRAVASI MANDIRA ROAD DAVANAGERE 577 001. ...RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2, V/O DTD:28.01.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2023 PASSED IN MVC NO.306/2022 ON THE FILE OF THE III ADDITIONAL SENIOR - 3 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Though these matters have come up for admission, with consent of learned counsel for parties, they are taken up for hearing and disposed of by this judgment. 2. Common award was passed by the III Additional Senior Civil Judge and JMFC, Davanagere, in MVC Nos.305 of 2022 and 306 of 2022 on 29.08.2023. 3. In M.F.A. No.1620 of 2024 : This appeal is filed against the judgment and award passed by the Tribunal in MVC No.305 of 2022. The injured claimant, aged 52 years, doing agriculture met with an accident on 27.12.2021, and filed a claim application claiming compensation of Rs.20,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted the - 4 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 compensation of Rs.3,16,300/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that she sustained compound type 2 right middle one third communited humerus shaft fracture with DNVD and other injuries, but the Tribunal granted meagre amounts under the other heads and thus, requested for enhancement of the compensation. 5. Heard the arguments of learned counsel for both sides. 6. Petitioner-claimant has stated that she was doing agriculture and earning Rs.10,000/- per month. But, she has not filed any income proof. As she met with an accident in the year 2021, her notional income is to be taken as Rs.15,000/- per month. Learned counsel for the respondent insurance company stated that the petitioner herself admitted her income as Rs.10,000/- per month and it is to be taken as Rs.10,000/- per month only. But, when there is no income proof, this Court - 5 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 is relying upon the chart prepared by the Karnataka State Legal Services Authority and therefore, this Court finds it reasonable to take her notional income as Rs.15,000/- per month. As this beneficial legislation, which ever is beneficial to the litigant is to be considered. The petitioner was aged 53 years as per Exhibit P8 and other medical records and thus, the multiplier is to be taken as 11. 7. As per the wound certificate, the petitioner sustained grievous injuries. Petitioner examined PW2-doctor and stated as follows: “1. XXXXX 2. XXXXX 3. XXXXXX sustained injury to Head Face, Right arm, She complained of pain and swelling over right arm and could not move right arm and left objects in right hand after trauma. Patient visited SSIMS & RC on same day and was admitted under in ortho 1 unit on 27.12.2021. On Admission: Clinical examiantion On Inspecition: Right arm: • Gross swelling present over middle third of right arm. • Deformity present over middle third of right arm. - 6 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 Forehead • Lacerated wound present over right side of forehead(1 x 5 cm) XXXXXXXX Diagnosis: closed traumatic right middle third communited humerus shaft fracture with no neurovascular deficits. These above said injuries are Grievous in nature. Patient underwent following surgery; 1. ORIF with DCP and Screws with lag screw fixation for right middle third humerus shaft fracture under general anaesthesia on 28.12.2021 at SSIMS and RC. XXXXX Clinical examination of right upper limb: • Gross wasting of right shoulder and arm muscles. • Patient complaints of pain in right shoulder, arm, elbow. • Operative scar healed with secondary intention present over right middle arm on posterior aspect (2x18 cms). • Scar tenderness present. • Hyperpigmentation of scars present. • Shortening of 1 cm present over right upper limb (Shortening of arm segment). • Stiffness of right shoulder present. - 7 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 • Bony thickening present over middle of right arm. • Range of motiion at right shoulder joint: Restricted by 15 percent. • Range of motion at right elbow and wrist joints: Restricted by 5 percent. • Patient has difficulty in lifting heavy objects in right upper limb. • Patient has difficulty, doing daily routine activities like washing clothes, cooking, combing hair.” 8. Finally, the doctor assessed permanent physical disability of 20% regarding the right upper limb. However, the Tribunal assessed the whole body disability as 6%. As there is shortening of right upper limb and deformity present over middle third of the right arm, this Court finds it reasonable to take the disability as 10%. So, the loss of future earning capacity comes to Rs.1,98,000/- (15,000x12x11x10%). The Tribunal granted Rs.80,900/- towards medical expenses and it is confirmed. The petitioner was hospitalised for a period of 5 days. Therefore, considering the nature of injuries, her occupation and the period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and - 8 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. The Tribunal granted Rs.45,000/- towards loss of income during the laid up period and the said amount is confirmed. So, the total compensation comes to Rs.4,28,900/-. 9. Thus, in all, the claimant is entitled for the compensation of Rs.4,28,900/- with interest at 6% per annum as against Rs.3,16,300/- awarded by the Tribunal. 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 1,98,000/- 2. Medical expenses 80,900/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 45,000/- Total 4,28,900/- - 9 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 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.4,28,900/- with interest at 6% per annum from the date of petition till the date of realization. (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.1,12,600/- 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. 12. In MFA 1603 of 2024: This appeal is filed against the judgment and award of the Tribunal in MVC 306 of 2022. The injured claimant met with an accident on 27.12.2021 and filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of - 10 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 Rs.2,99,200/- with interest rate of 6% per annum from the date of petition till realisation. 13. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that he sustained grievous injuries, but the Tribunal granted meagre amounts under the other hands and thus, requested for enhancement of the compensation. 14. Heard the arguments of learned counsel for both sides. 15. Though the petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month as per the guidelines of the Karnataka State Legal Services Authority. The petitioner was aged 60 years at the time of accident and the multiplier is to be taken as 9. 16. Petitioner sustained the following injuries: “xxxx sustained injury to bilateral over lower limbs. He complained of pain and swelling bilateral legs and could not walk after trauma. Patient visited SSIMS & RC on same - 11 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 day and was admitted under me on 28.12.2021. On Admission: Clinical examiantion On Inspecition: Right ancle: • Degloving injury present over distal ankle anterior aspect. • Gross swelling present over distal right ankle. • Deformity present over distal right ankle. Left leg. • Degloving injury present over distalleg anterior aspect. • Gross swelling present over distal third of left leg. • Deformity present over distal third of left leg. X-ray right ankle with leg -AP/Lateral views shows: Minimally displaced of right distal end tibia shaft extending into articular, surface with medial malleoli fracture. X-ray leg ankle with leg-AP/Lateral views shows: Fracture of left distal third tibia shaft. Diagnosis: Compound type IIIB fracture of right medial malleoli with navicular with medial cuneiform with compound type IIIB fracture of left distal tibia shaft with lateral malleoli with no dnvd. - 12 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 Patient underwent following surgery; 1. Wound debridement with suturing under spinal anaesthesia. 2. Conservative management for left and right tibia fracture.” 17. The injuries are grievous in nature. The petitioner underwent wound replacement with suturing under spinal anaesthesia and conservative management for left and right tibia fracture and finally, the doctor assessed the permanent disability as 15% to the bilateral lower limb. Therefore, one third of the same comes to 5%. So, the loss of future earning capacity comes to Rs.81,000/- (15,000x12x9x5%). The Tribunal granted Rs.1,18,200/- towards medical expenses and it is confirmed. The petitioner was hospitalized for a period of 5 days. Considering his age, occupation, the period of hospitalisation and nature of injuries, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. The Tribunal has granted Rs.45,000/- is granted under the head - 13 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 loss of income during the laid up period and it is confirmed. So, the total compensation comes to Rs.3,49,200/-. 18. Thus, in all, the claimant is entitled for the compensation of Rs.3,49,200/- with interest at 6% per annum as against Rs.2,99,200/- awarded by the Tribunal. 19. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 81,000/- 2. Medical expenses 1,18,200/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 45,000/- Total 3,49,200/- 20. In the result, the following order is passed: (i) Appeal is allowed in part. - 14 - HC-KAR NC: 2026:KHC:4754 MFA No. 1620 of 2024 C/W MFA No. 1603 of 2024 (ii) The Claimant is entitled for the total compensation of Rs.3,49,200/- with interest at 6% per annum from the date of petition till the date of realization. (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.50,000/- 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 CT:NR List No.: 1 Sl No.: 19