- 1 - HC-KAR NC: 2026:KHC:367 MFA No. 3394 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 3394 OF 2017 (MV-I) BETWEEN: KUM.LAVANYA D D/O SRI. T. DEVARAJAU AGED ABOUT 26 YEARS, R/AT NO.49, 1ST MAIN ROAD, BINNY PET, MARKANDESHWARANAGAR, BENGALURU-560 043. …APPELLANT (BY SRI. NAIK RAMACHANDRA RAMA, ADVOCATE) AND: 1(A) R.G.VISHWANATH S/O GANGADARAIAH SINCE DEAD BY LEGAL REPRESENTATIVES, SMT. G. KANTHAMMA W/O R. G. VISHWANATH. AGED ABOUT 61 YEARS. 1(B) V. RAJU S/O LATE R G VISHWANATH, AGED ABOUT 28 YEARS, BOTH ARE RESIDING AT NO.U-25 BASAPPA GARDEN 'C' CROSS, SHESHADRAIPURAM - 560 020 3. UNITED INDIA INSURANCE COMPANY LTD., BENGALURU BRANCH, NO.1, 1ST FLOOR, 3RD CROSS, DWARAKANAGAR 100 FEET ROAD, (NEAR PESIST), HOSAKEREHALLI, BENGALURU-560 085, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:367 MFA No. 3394 of 2017 BY ITS DIVISIONAL MANAGER. …RESPONDENTS (BY SRI. Y. K. SEHSAGIRI RAO, ADVOCATE FOR SRI. JWALA KUMAR, ADVOCATE FOR R2 VIDE ORDER DATED 28.03.2022 , NOTICE TO R1(A) AND R1(B) ARE DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2016 PASSED IN MVC NO.2048/2013 ON THE FILE OF THE XXI A.C.M.M. AND XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, 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 C M JOSHI ORAL JUDGMENT Heard the learned counsel appearing for the appellant and respondent No.2. The petitioner in MVC No.2048/2013 has approached this Court in appeal seeking enhancement of the compensation awarded by the Motor Accident Claim Tribunal, Court of Small Causes, Bengaluru. 2. The factual aspect as canvassed by learned counsel appearing for the appellant is that the petitioner had sustained injuries in an accident dated 06.10.2012 involving - 3 - HC-KAR NC: 2026:KHC:367 MFA No. 3394 of 2017 the vehicle insured by respondent No.2 and owned by respondent No.1. In the said accident, she had suffered fracture of the left patella, abrasion over the left knee, abrasion over the left great toe, lacerated wound over the left great toe, distal phalanx and she had undergone treatment for 2 days as an inpatient. It is submitted that she was working in Girias Electronics, earning Rs.7,000/- per month, and was aged about 22 years. The Tribunal, after assessing the injuries suffered by the petitioner, has awarded a sum of Rs.24,900/- towards the medical expenses, Rs.1,719/- towards her vehicle repair bill and a sum of Rs.20,000/- under the head of pain and suffering. The tribunal also awarded a sum of Rs.5,000/- towards the conveyance, food, nourishment, and other expenses and rounded off the same to Rs.52,000/-. It is submitted that the said amount is on the lesser side, and as such, enhancement is required. 3. Per contra, learned counsel appearing for the respondent defended the impugned judgment of the Tribunal - 4 - HC-KAR NC: 2026:KHC:367 MFA No. 3394 of 2017 and submits that the compensation awarded is adequate and proper. 4. A careful analysis of the available material on record, it may be seen that the Tribunal did not assess the compensation under the head of loss of income during the laid-up period. Considering the nature of the injuries suffered by the petitioner, it could have safely be said that she was unable to resume her work for at least a period of one and a half months. Therefore, when she has claimed her income to be Rs.7,000/- per month, it is proper to award a sum of Rs.10,000/- under the head of loss of income during the laid- up period. The compensation awarded by the Tribunal on all other heads is adequate and proper. 5. No other heads under which the compensation is available for the appellant. Hence the appeal deserves to be allowed in part, and as such the following order is passed. ORDER i) The appeal is allowed in part. - 5 - HC-KAR NC: 2026:KHC:367 MFA No. 3394 of 2017 ii) A sum of compensation of Rs.10,000/- is awarded to the petitioner in addition to the compensation awarded by the Tribunal along with interest at 6% per annum from date of the petition till the date of depositing the amount. iii) In the event of the deposit, entire amount be released to the petitioner. Sd/- (C M JOSHI) JUDGE LDC List No.: 1 Sl No.: 16