- 1 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6176 OF 2013 (MV-I) BETWEEN: SMT. MANJULA R @ MANJULAMMA AGED ABOUT 34 YEARS W/O D.M. VENKATA REDDY @ REDDY R/AT HOSAHALLI VILLAGE, KAIVARA HOBLI, TAGALAVARA MANDAL POST, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SMT. SREEVIDYA G.K, ADVOCATE FOR SRI. T.N. VISWANATHA, ADVOCATE) AND: 1. THE MANAGER M/S. HDFC ERGO GENERAL INSURANCE CO. LTD., HMS GANIVA HOUSE, 1ST FLOOR CUNNINGHAM ROAD, BANGALORE - 560 052. 2. SRI. ADVISHAPPA S/O NOT KNOWN TO THE APPELLANT R/O NO.10, KALPA KRUPA 15TH MAIN, 19TH CROSS, CRUSHAB GARDEN PADMANABHA NAGAR BANGALORE - 560 061. …RESPONDENTS (BY SRI. O MAHESH, ADVOCATE FOR R1; VIDE ORDER DATED 10.09.2015, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2012 PASSED IN MVC NO.3609/2010 ON THE FILE OF THE 7TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT-3, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the common judgment and award dated 22.12.2012 passed in MVC Nos.3608/2010, 3609/2010, 3610/2010 and 3611/2010. However, MFA No.6176/2013 is filed against the award passed in MVC No.3609/2010 by the VII Additional Small Causes Judge, Member, MACT-3, Bangalore, seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1/Insurance - 3 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.4,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.1,90,500/- with interest at the rate of 8% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the petitioner/injured claimant met with an accident on 13.03.2010 and sustained a mid shaft comminuted fracture of the right femur. However, the Tribunal has granted meagre amount under the other heads. The petitioner/injured was hospitalized for a period of 30 days. Though the doctor assessed the disability at 15%, the Tribunal has taken the whole body disability at 10%. Therefore, requested for enhancement of the compensation. The Tribunal has granted interest at the rate of 8% and it is also to be enhanced. - 4 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 5. Learned counsel for respondent No.1 contended that the petitioner was a flower vendor and the injuries sustained by her will not affect her occupation. The Tribunal has rightly assessed the disability at 10% and it needs no interference. Though learned counsel for the appellant submitted that the petitioner was earning Rs.200/- per day but not filed any income proof. As the petitioner met with an accident in the year 2010, her notional income is to be taken as Rs.5,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 35 years and the applicable multiplier is '16'. The doctor- PW.6 who is an Orthopaedic Surgeon, he stated that she sustained the following injuries: "Fracture mid shaft of right femur, for which the patient has undergone closed reduction and internal fixation with Interlocking nailing for right femur" 6. It is further stated that fracture was not showing signs of union during the follow-up. As such, she was readmitted on 11.08.2010. She has undergone dynamization of distal fragment on 12.08.2010 and received physiotherapy and - 5 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 then discharged on 14.08.2010. She was advised to come for suture removal and regular dressings to do knee and hip exercise to improve the movements and to review on OPD basis. As there is wasting of the muscles of right thigh about 2 Cms is present and shortening of right lower limb of about 1.5 Cms. It is further stated as per the X-ray, right thigh with knee-hip joint shows as evidence of non-union of right femur with implant in situ. The doctor assessed the right lower limb disability at 45% and the whole body disability at 15%. Therefore, this Court finds it reasonable to rely upon their medical evidence and to take the disability at 15% instead of 10% taken by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.1,58,400/- (5,500x12x16x15%). The petitioner was hospitalized for a period of 30 days. The Tribunal has awarded a sum of Rs.35,000/- towards medical expenses and the said amount is confirmed. Considering the nature of injuries, occupation of the petitioner, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards - 6 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 4 months. Therefore, Rs.22,000/- (5,500x4) is awarded towards loss of income during laid up period. 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.3,20,400/- along with interest at the rate of 6% p.a. Particulars Amount in Rs. Pain and suffering 50,000/- Medical expenses 35,000/- Loss of income during laid up period 22,000/- Loss of future earning capacity 1,58,400/- Loss of amenities 25,000/- Transportation, extra nourishment and attendant charges 30,000/- Total 3,20,400/- - 7 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 22.12.2012 passed in MVC No.3609/2010 on the file of the VII Additional Small Causes Judge, Member, MACT-3, Bangalore, is modified. iii. The claimant is entitled to a sum of Rs.3,20,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,90,500/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.1,29,900/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:5100 MFA No. 6176 of 2013 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 47 CT: BHK