- 1 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5600/2025 (MV-I) BETWEEN: SMT. HINDUMATHI P D/O PURUSHOTHAMA, AGED ABOUT 26 YEARS, RESIDING AT CHANASANDRA KADUGODI PLANTATION, BENGALURU – 560 067 …APPELLANT (BY SRI. GURUDEVA PRASAD K T., ADVOCATE) AND: 1. L N PRASAD S/O T K VENKATARAMU, AGED ABOUT 40 YEARS, SJBCH SCHOOL COMPLEX, ANEKAL ROAD, ATTIBELE POST ANEKAL TALUK, BENGALURU – 562 127. 2. THE NEW INDIA ASSURANCE CO. LTD., BY ITS MANAGER T.P. HUB, MAHALAKSHMI CHAMBER 1ST FLOOR, M G ROAD, BENGALURU – 560 001. …RESPONDENTS (V/O/D 10.09.2025 NOTICE TO R1 IS D/W, B R VENKATESH KAMATH FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.21.02.2025 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 NO.146/2023 ON THE FILE OF THE XV ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FURTHER ORDERS 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 21.02.2025 passed in MVC No.146/2023 on the file of the XV Additional Judge, Court of Small Causes and Member, MACT, Mayo Hall Unit, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The brief facts of the case is that on 03.12.2022 at about 1.20 p.m., while petitioner was travelling as a pillion rider in a Motorcycle bearing Reg.No.KA-53-HL- - 3 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 9353 ridden by her husband on Whitefield main road, from Whitefield junction towards Varthuru and when they reached near Mayura Bakery, at that time, the driver of the Tata Tipper Lorry bearing Reg.No.KA-51-AH0162 driving the same, in a rash and negligent manner, came at high speed from behind and dashed against the petitioner’s motorcycle and caused the accident. Due to forced impact both rider and petitioner fell down and sustained grievous injuries. 4. The injured-claimant is aged 24 years at the time of accident. She met with an accident on 03.12.2022 and filed a claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering entire evidence on record granted compensation of Rs.26,37,000/- along with interest at the rate of 6% p.a., from the date of petition till realization. 5. Aggrieved by the said order, the claimant preferred an appeal and mainly contended that she spent more than Rs.20,00,000/- for medical expenses but - 4 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 Tribunal granted only Rs.14,07,561/- towards medical expenses. The amount granted under other heads are meager and she was aged 24 years at the time of accident, she was running tea stall and also doing tailoring work and earning Rs.30,000/- per month. But the Tribunal has taken her income as Rs.15,500/- per month. The Doctor assessed the disability as 66% to the right lower limb and 22% to the whole body. But the Tribunal erred in taking the same as 17%. Further, it is contended that the interest is to be granted at the rate of 12% p.a. 6. Learned counsel for respondent No.2 stated that the Tribunal has rightly considered the fact that the fractures are united and taken disability as 17% to the whole body and the compensation granted is reasonable and it needs no interference. 7. The petitioner examined PW.3/treated Doctor and though petitioner stated that she is earning Rs.30,000/- per month, she has not filed any income proof. As she met with an accident in the year 2022, the Tribunal has rightly - 5 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 considered the notional income as Rs.15,500/- per month basing on chart prepared by the Karnataka State Legal Services Authority and it needs no interference. As the petitioner was aged 24 years, the multiplier taken is '18'. The petitioner sustained the following injuries: 1. Degloving Injury of right lower limb, exposing the underlying muscles, tenderness antero lateral aspect with skin and tat avulsion. 2. Lacerations of right, mid thigh and bone deep with displaced fracture of right femur (Thigh Bone). 3. Right peroneal nerve injury with foot drop. 8. The above injuries are grievous in nature as per Ex.P7-Wound Certificate. She was hospitalized for a period of 10 days. PW.3 stated that the petitioner sustained displaced fracture of the right femur, circumferential crush and degloving on the right thigh with extensive skin and soft tissue injury, muscle tendon avulsion over anterior posterior compartment of the right leg and he assessed right lower limb disability as 66% and - 6 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 22% to that of the whole body. The Tribunal observed that he is not a treated Doctor and fractures are united and taken the disability as 17% to the whole body. 9. As per X-ray of the right femur shows united fracture with implant in-situ. It is also stated by PW.3 that the appellant requires another surgery for the removal of the implant and the estimated cost of that surgery is Rs.60,000/-. PW.3 assessed the disability considering all the fractures. Therefore, this Court finds it reasonable to take 1/3rd of 66% i.e., 22% instead of 17%. As he sustained crush injury and the disability is 66%, this Court finds it reasonable to take the future prospects at the rate of 40% as he was aged 25 years. Hence, loss of future earning capacity comes to (Rs.15,500 + 40%) x 12 x 18 x 22% = Rs.10,31,184/-. The Tribunal has taken the age of injured as 24 years, but she was aged 25 years, 8 months and the multiplier is 18. The petitioner incurred Rs.14,07,561/- towards medical expenses as per Ex.P18 and also future medical expenses were granted as - 7 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 Rs.4,00,000/- and it is confirmed. She was hospitalized for a period of 10 days. The petitioner might not have attended any other work for a period of 4 months. Therefore, this court finds it reasonable to grant an amount of Rs.15,500 x 4 = Rs.62,000/- under the head loss of income during laid up period. This court also finds it reasonable to grant an amount of Rs.40,000/- for transportation, extra nourishment and attendant charges, instead of Rs.10,000/- granted by the Tribunal. The other amount granted by the Tribunal is reasonable and they need no interference. This Court finds it reasonable to grant an amount of Rs.2,00,000/- towards loss of future prospects of marriage. Hence, the compensation on account of permanent disability is hereby not granted. 10. Thus in all, components awarded by this court are as below, - 8 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 Hence, the compensation granted by tribunal is enhanced from Rs.26,36,721/- to Rs.31,90,745/- along with interest at the rate of 6% p.a. 11. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 10,31,184 2 Medical Expenses 14,07,561 3 transportation, extra nourishment and attendant charges 40,000 4 Towards future medical expenses 4,00,000 5 Loss of income during laid up period 62,000 6 Future prospects of marriage 2,00,000 7 Towards loss of amenities of life 50,000 Total 31,90,745 - 9 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 ii. The judgment and award dated 21.02.2025 passed in MVC No.146/2023 on the file of the XV Additional Judge, Court of Small Causes and Member, MACT, Mayo Hall Unit, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs. 31,90,745/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 26,36,721/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent Insurance Company is directed to deposit the enhanced compensation of Rs.5,54,024/- along with the interest at the rate of 6% within one month from the date of this order. - 10 - HC-KAR NC: 2026:KHC:2607 MFA No. 5600 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 34