- 1 - HC-KAR NC: 2026:KHC:5066 MFA No. 904 of 2015 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. 904 OF 2015 (MV-I) BETWEEN: THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., I FLOOR, B.M.COMPLEX, LAKSHMI BAZAAR, CHITRADURGA. BY NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE-56001. BY ITS MANAGER. …APPELLANT (BY SRI. O MAHESH., ADVOCATE) AND: 1. G K CHAITRA AGED ABOUT 27 YEARS, W/O.T.R.SRINVIASA, R/O NO.2266, MARAMMA TEMPLE, BACK DOWN ROAD, MANDAKKI BATTI AREA, CHITRADURGA-577 501. 2. MISS JYOTHI E A MAJOR, W/O. ANANTHARAJ, E.D, SRI VIJAYA MOTORS, HOSADURGA-577 527, CHITRADURGA DISTRICT. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5066 MFA No. 904 of 2015 (BY SRI. R. SHASHIDHARA., ADVOCATE FOR R1, V/O DTD:13.02.2015 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.10.2014 PASSED IN MVC NO.151/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M & MACT-III, CHITRADURGA, AWARDING COMPENSATION OF RS.11,95,500/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. 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 A common award dated 28.10.2014 is passed by the Principal Senior Civil Judge, C.J.M. & MACT-III, Chitradurga, in MVC Nos.151, 158, 169, 170, 171, and 172/2014 2. This appeal is filed by National Insurance Company Limited against the award of the Tribunal passed in MVC No.151/2014. Injured claimant met with an accident on 12.07.2013 and filed claim petition claiming compensation of Rs.1,00,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.11,95,500/- with interest at the rate of 6% per annum from date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:5066 MFA No. 904 of 2015 3. Aggrieved by the said order, the insurance company has preferred this appeal contending that the Tribunal erred in taking the income of the injured as Rs.5,000/- per month in the absence of pleading and convincing evidence, and added 50% towards future prospects, which it is contrary to Larger Bench ruling of Apex Court in the case of RESHMA KUMARI AND OTHERS Vs. MADAN MOHAN AND ANOTHER reported in ACJ 2013 p.1253. It is contended that petitioner also examined P.Ws.8 and 9-doctors and they assessed the disability as 60% and 12% respectively and the whole body disability was not spelt out. But, the Tribunal considered 50% disability for calculating loss of earning capacity and it is on higher side. It is contended that loss of income during the period of treatment/rest was 100% and ought to be deducted out of the amount allowed under the head loss of future earnings as it amounts to duplication of compensation. The amounts granted under other heads is excessive and thus, requested for reduction of the compensation amount. 4. Heard the arguments of both sides. - 4 - HC-KAR NC: 2026:KHC:5066 MFA No. 904 of 2015 5. Petitioner-claimant was aged 25 years at the time of accident and is housewife and looking after the family affairs. She met with an accident in the year 2013. The Tribunal taken her income as Rs.5,000/- per month and added 50% towards future prospects and taken the multiplier as 17 and granted compensation under the head loss of future earnings. 6. Petitioner sustained the injuries as per Exhibit P5- wound certificate. She also examined two doctors as P.Ws.8 and 9. P.W.8-Orthopedic surgeon has observed that the injuries 1 to 4 are grievous in nature and it was diagnosed as closed fracture of C2, C5, C6, C7 without neurological deficit and with closed head injury and advised for conservative line of treatment with cervical collar. On clinical and radiological examination, the doctor opined that petitioner got permanent disability around 25 to 30% of the left lower limb and 25 to 30% of the left upper limb and neck. Petitioner also examined PW9 consultant plastic surgeon. On clinical examination, he found the injuries and assessed the disability around 12%. The Tribunal taken the disability at 50% and awarded compensation - 5 - HC-KAR NC: 2026:KHC:5066 MFA No. 904 of 2015 for loss of future earnings, and this Court finds no reason to interfere with the same. 7. Considering the nature of injuries, occupation and the period of hospitalisation, the compensation granted by the Tribunal under the other heads needs no interference. Therefore, this Court finds it reasonable to confirm the amount already granted by the Tribunal to an extent of 11,95,500/-. 8. In the result, the following order is passed: (i) Appeal is dismissed. (ii) The claimant is entitled for the total compensation of Rs.11,95,500/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The appellant insurance company has already deposited 50% of compensation and therefore, they are directed to deposit the balance amount with interest at 6% per annum within one month from the date of this order. (iv) The amount already deposited by the insurance company shall be transferred to Tribunal. - 6 - HC-KAR NC: 2026:KHC:5066 MFA No. 904 of 2015 (v) 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.: 75