- 1 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6681 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6680 OF 2016 (MV-I) IN MFA No. 6681/2016 BETWEEN: SMT. SAVITHA R, W/O SRI. RAME GOWDA, AGED ABOUT 38 YEARS, R/AT C/O S. SAINUDHIN, NO.144/24, 1ST FLOOR, 2ND MAIN ROAD, Ii BLOCK, BALAJI ROAD, THYAGARAJANAGAR, BENGALURU-560 028, (PRESENT ADDRESS) R/AT NO.103, 1ST CROSS, K.S. COLONY, T.R. NAGAR, BENGALURU - 560 028, (PREVIOUS ADDRESS) …APPELLANT (BY SMT. SRI VIDYA, ADVOCATE FOR; SRI. T.N. VISWANATHA, ADVOCATE) AND: 1. M/S HDFC ERGO GENERAL INSURANCE CO. LTD., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 H.M. GENEVA HOUSE, II FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052. 2. MR. RANGANATHA L. S/O LINGARAJU T., MAJOR, C/O ARGUNAPPA BUILDING, II CROSS, NETHAJI NAGAR, CHOKKASANDRA, T. DASARAHALLI, BENGALURU - 560 057. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R1; V/O DATED 26.04.2018 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.3.2016 PASSED IN MVC NO.855/2015 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. IN MFA NO. 6680/2016 BETWEEN: SRI. RAME GOWDA S/O GANGAPPA GOWDA, AGED ABOUT 44 YEARS, R/AT C/O S. SAINUDHIN, NO.144/24, 1ST FLOOR, 2ND MAIN ROAD, Ii BLOCK, BALAJI ROAD, THYAGARAJANAGAR, BENGALURU - 560 028, (PRESENT ADDRESS). R/AT NO.103, 1ST CROSS, K.S. COLONY, T.R. NAGAR, BENGALURU - 560 028, (PREVIOUS ADDRESS) ...APPELLANT (BY SRI. SRI VIDYA, ADVOCATE FOR; SRI. T.N. VISWANATHA, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 AND: 1. M/S HDFC ERGO GENERAL INSURANCE CO. LTD., H.M. GENEVA HOUSE, II FLOOR, CUNNINGHAM ROAD, BENGALURU - 560 052. 2. MR. RANGANATHA L. S/O LINGARAJU T., MAJOR, C/O ARGUNAPPA BUILDING, II CROSS, NETHAJI NAGAR, CHOKKASANDRA, T. DASARAHALLI, BENGALURU - 560 057. ...RESPONDENTS (BY SRI. H S LINGARAJ, ADVOCATE FOR R1; V/O DATED 26.04.2018 NOTICE TO R2 IS DISPENWED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.3.2016 PASSED IN MVC NO.851/2015 ON THE FILE OF THE 21st ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSAITON AND ETC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 ORAL JUDGMENT IN MFA.No.6681/2016 This appeal is filed by the appellant/petitioner under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 11.03.2016 passed in MVC.No.855/2015 by the XXI Additional Small Causes Judge and M.A.C.T., Bengaluru, for enhancing the compensation. 2. Heard the arguments of both learned counsel for the parties. 3. The appellant/petitioner had filed petition before the tribunal seeking compensation of Rs.8,00,000/-. The tribunal considering the entire evidence on record, granted an amount of Rs.3,09,455/-. Aggrieved by the said order, the appellant/petitioner has preferred this appeal and mainly contending that she sustained injuries and undergone surgery by fixing the implants, but the tribunal has granted meager amounts under the other heads. 4. Learned counsel for the appellant contended that the appellant/petitioner met with an accident on 18.01.2015. As - 5 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 per Ex.P22 - Wound Certificate, she sustained the following injuries: "a) Fracture proximal end of left tibia and fibula; b) Abrasion over left eye brow below left eye; c) Lateral aspect of left elbow; d) Anterior aspect of left leg, right elbow; e) Tenderness and welling over medial proximal of left leg." The said injuries are grevious in nature. 5. Though she was earning Rs.15,000/- per month from tailoring and saree business, the tribunal has taken her income at Rs.7,500/- per month and functional disability is to be taken as 50%. Thus, the appellant/petitioner is requested for enhancement of compensation. 6. The appellant/petitioner has examined by PW.3 - Dr.Ravish V.N. The doctor assessed the disability of whole body at 15.33%. The appellant/petitioner was aged about 37 years, working as a tailor and earning Rs.15,000/- per month, but she has not filed any income proof. As she met with an accident in the year 2015, her notional income is to be - 6 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 taken at Rs.9,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority and the multiplier is '15'. Therefore, the Loss of Future income comes to Rs.9,000 x 12 x 15 x 15 = Rs.2,43,000/-. 7. The appellant/petitioner might not have attended any other work at least for a period of four(4) months. Therefore, Rs.36,000/- is to be granted under the head of Loss of Income during Laid Up Period. 8. The appellant/petitioner was hospitalized for a period of fifteen(15) days. Considering the nature of occupation, injuries, 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 Food, Conveyance, Nourishment, Attendant charges and Transportation. 9. The tribunal has granted an amount of Rs.67,500/- towards medical expenses as per the medical evidence, which needs no interference and confirmed. - 7 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 10. Thus in all, compensation awarded by this Court is as below: 11. Hence, the appellant/petitioner is entitled for a total enhanced compensation of Rs.4,51,500/- along with interest at the rate of 6% per annum. 12. In the result, the following order is passed: ORDER i) The appeal is allowed in-part. ii) The judgment and award dated 11.03.2016 passed in MVC.No.855/2015 by the XXI Particulars Amount in Rs. Loss of future income 2,43,000.00 Loss of income during laid up period 36,000.00 Pain and Sufferings 50,000.00 Loss of Amenities 25,000.00 Food, Conveyance, Transportation and Nourishment. 30,000.00 Medical expenses 67,500.00 Total 4,51,500.00 - 8 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 Additional Small Causes Judge and M.A.C.T., Bengaluru, is modified. iii) The respondent - Insurance Company has already deposited the awarded amount of Rs.3,09,455/- with interest at the rate of 6% per annum before the tribunal. It is directed to deposit the enhanced compensation of Rs.1,42,045/- with interest at the rate of 6% per annum within a period of one month from the date of this order. iv) On such deposit, the appellant/petitioner is permitted withdraw the entire amount along with accrued interest on the same. - 9 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 IN MFA.No.6680/2016 This appeal is filed by the appellant/petitioner under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 11.03.2016 passed in MVC.No.851/2015 by the XXI Additional Small Causes Judge and M.A.C.T., Bengaluru, for enhancing the compensation. 2. Heard the arguments of both learned counsel for the parties. 3. The appellant/petitioner had filed petition before the tribunal seeking compensation of Rs.10,00,000/-. The tribunal considering the entire evidence on record, granted an amount of Rs.3,25,000/-. Aggrieved by the said order, the appellant/petitioner has preferred this appeal. 4. Learned counsel for the appellant submits that the appellant met with an accident on 18.01.2015. The doctor assessed the whole body disability at 9.8% and the amount granted under other heads are meager. It is further stated that appellant/petitioner was under continuous treatment for nearly six(6) months. The tribunal ought to have taken laid up period - 10 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 for six(6) months. Hence, he requested for enhancement of compensation. As per Ex.P22 - Wound Certificate, he sustained the following grevious injuries: "a) Complete tear of anterior cruisate ligament; b) Peri articular and poplitea soft tissue contusion; c) Abrasion over right forearm, right foot near ankle joint; d) Lacerated wound over Tip of left fore finger; e) Tenderness over right knee." Injury No.a is simple in nature and injury No.b is grievous in nature. 5. The appellant/petitioner also examined by PW.3 - Dr.Ravish K.N. The doctor assessed the whole body disability at 9.8%. The appellant/petitioner stated that he was a businessman and also agriculturist, earning Rs.25,000/- per month. He filed Ex.P9 - Visiting Card, Ex.P10 - Partnership Deed, Ex.P11 - Lease Deed, Ex.P12 - VAT Registration Certificate, Ex.P13 - IT returns for the year 2013-14, Ex.P14 - 15 RTC. Based on these documents, the tribunal has rightly taken his notional income at Rs.70,000/- per month, but - 11 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 not granted any amount under the head of loss of income during laid up period as the disability sustained by him will not affect his future earning capacity. The tribunal has considered that the appellant/petitioner might not have attended any other work at least for a period of two(2) months and granted an amount of Rs.2,10,000/- under the head of loss of income during laid up period, which needs no interference and confirmed. 6. The appellant/petitioner was hospitalized for a period of seven(7) days. Considering the nature of injuries and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards Pain and Suffering and Rs.30,000/- towards Loss of Amenities. 7. The tribunal has already granted an amount of Rs.80,000/- towards Medical Expenses, which needs no interference and confirmed. 8. The appellant/petitioner is also entitled for an amount of Rs.40,000/- towards Transportation, Nourishment and Attendant Charges due to injuries sustained in the accident. - 12 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 9. Thus in all, compensation awarded by this Court is as below: 10. Hence, the appellant/petitioner is entitled for a total enhanced compensation of Rs.4,35,000/- along with interest at the rate of 6% per annum. 11. In the result, the following order is passed: ORDER v) The appeal is allowed in-part. vi) The judgment and award dated 11.03.2016 passed in MVC.No.851/2015 by the XXI Particulars Amount in Rs. Loss of income during laid up period 2,10,000.00 Pain and Sufferings 75,000.00 Loss of Amenities 30,000.00 Medical expenses 80,000.00 Food, Conveyance, Transportation and Nourishment. 40,000.00 Total 4,35,000.00 - 13 - HC-KAR NC: 2026:KHC:6583 MFA No. 6681 of 2016 C/W MFA No. 6680 of 2016 Additional Small Causes Judge and M.A.C.T., Bengaluru, is modified. vii) The respondent - Insurance Company has already deposited the awarded amount of Rs.3,25,000/- with interest at the rate of 6% per annum before the tribunal. It is directed to deposit the enhanced compensation of Rs.1,10,000/- with interest at the rate of 6% per annum within a period of one month from the date of this order. viii) On such deposit, the appellant/petitioner is permitted withdraw the entire amount along with accrued interest on the same. Sd/- (P SREE SUDHA) JUDGE PHM List No.: 1 Sl No.: 82