- 1 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6242 OF 2022(MV-I) BETWEEN: SMT. RIZWANA W/O. ARIF AGED ABOUT 36 YEARS R/AT NO.426, 9TH CROSS GANGONDANAHALLI NEAR FARTHA MASJID ROAD NAYANDHALLI BENGLAURU-560 039 …APPELLANT (BY SRI JAGADEESH H. T., ADVOCATE) AND: 1. MR. BUDRAM S/O. PABURAM MAJOR R/AT NO.238 SADOLAI GOKUL AT BIKANER RAJASTHAN Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., D.O.1 NO.21/1 JELITA BENGALURU-560 027 …RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R-2; VIDE ORDER DATED 13/2/25, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.10.2021 PASSED IN MVC NO.7764/2018 ON THE FILE OF THE IX C/C XIII ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 'PART HEARD' IN ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 ORAL JUDGMENT Heard Sri.Jagadeesh.H.T, learned counsel for the appellant as well as Sri.Ravish Benni, learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Bengaluru in MVC 7764/2018 dated 13.10.2021. This is a claimant's appeal. 3. Projecting that she sustained grievous injuries in a road traffic accident that occurred in the year 2018, the appellant filed a petition claiming compensation of Rs.15,00,000/- in total. The Tribunal through the impugned award held that the appellant is entitled to a sum of Rs.5,56,120/- as compensation. With a version that she is entitled to a higher sum, present appeal is filed. - 4 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 4. Arguing the matter, learned counsel for the appellant states that the appellant as a tailor was earning Rs.25,000/- per month as on the date of accident. She sustained grievous injury to her left leg due to which she lost her earning power in total. Though Pw.4 Clearly stated that the disability in respect of left lower limb is 61% and in respect of whole body is 30%, the Tribunal took the functional disability as 10% and awarded very meager sum as compensation towards loss of future earnings. Learned counsel also states that the compensation granted under all other heads is also on lower side. Learned counsel thereby seeks for enhancement in compensation. 5. Learned counsel for respondent No.2 on the other hand submits that though compensation granted by the Tribunal is justifiable, regarding the disability in respect of whole body, there may be marginal enhancement. - 5 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 6. It is not in dispute that the appellant sustained fracture of both bones of left lower limb and took extensive treatment. Having considered the occupation of the appellant and the nature of injury sustained to the left lower limb, which part of the body is crucial to work as tailor, this Court considers desirable to take the functional disability as 12% in respect of whole body. Also as the appellant was aged about 27 years as on the date of accident, this Court considers desirable to add 40% of the earnings towards future prospects as per the decision of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. 7. So far as earnings of the appellant as on the date of accident are concerned, the Tribunal took the notional income as Rs.9,000/- per month. The submission of learned counsel for the appellant in this regard is that the accident occurred in the year 2018 and for the relevant period Karnataka State Legal Services Authority is - 6 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 taking the national income as Rs.12,500/- per month and therefore, the said figure may be considered. Learned counsel for respondent No.2 did not raise any objection for taking the notional income as Rs.12,500/- per month. Thus taking the notional income of the appellant as Rs.12,500/- per month, adding 40% of the earnings towards future prospects, applying appropriate multiplier 17 and the disability in respect of whole body as 12%, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.4,28,400/- (Rs.12,500 + 40% X 12 X 17 X 12%). 8. Taking into consideration the nature of injury sustained, this Court is of the view that the appellant would not have attended her normal pursuits at least for a period of 3 months. Therefore, loss of earnings during laid up period comes to Rs.37,500/- (Rs.12,500 X 3). Likewise this Court is of the view that the appellant would have spent at least a sum of Rs.10,000/- for her food, extra nourishment, conveyance and attendant charges during - 7 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 the period of treatment and till recovery. Thus the compensation which the appellant is entitled to receive under different heads is as under: Sl. No Description Amount 1 Compensation for pain and suffering Rs.30,000 2 Towards food, extra nourishment, conveyance and attendant charges Rs.10,000 3 Loss of future earnings Rs.4,28,400 4 Loss of income during laid up period Rs.37,500 5 Medical expenses Rs.2,82,520 6 Loss of amenities in life Rs.30,000 Total Rs.8,18,420 9. Thus the aforementioned discussion makes it clear that the appellant is entitled to a sum of Rs.8,18,420/- as compensation. But the Tribunal granted a sum of Rs.5,56,120/- only. Therefore, the appeal is disposed of with the following: - 8 - HC-KAR NC: 2026:KHC:3436 MFA No. 6242 of 2022 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.7764/2018 dated 13.10.2021 is enhanced from Rs.5,56,120/- to Rs.8,18,420/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 26