- 1 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6138 OF 2024 (MV-I) BETWEEN: SMT. M. VIJAYAMMA W/O SRINIVASA, NOW AGED ABOUT 49 YEARS, RESIDING AT SRI. DHARMARAYASAMY TEMPLE ROAD, NANGALI VILLAGE AND POST, MULABAGAL TALUK KOLAR DISTRICT. …APPELLANT (BY SRI. GOPAL KRISHNA N, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHI NAGAR BENGALURU - 560 027. …RESPONDENT (BY KUM. PRATHIKSHA JAIN, ADVOCATE FOR SRI. RAJASHEKAR S, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.09.05.2023 PASSED IN MVC NO.5921/2021 ON THE FILE OF THE XIV ADDITIONAL SENIOR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 CIVIL JUDGE AND MACT, BENGALURU, (SCCH-10), 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 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 09.05.2023 passed in MVC Nos.5920/2021 and 5921/2021. However, MFA No.6138/2024 is filed against the award passed in MVC No.5921/2021 by the XIV Additional Small Causes Judge and ACMM, Member-MACT, Bengaluru, (SCCH-10), seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondent. 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.20,00,000/-. The - 3 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 Trial Court considering the entire evidence on record granted an amount of Rs.3,73,816/- with interest at the rate of 6% p.a., from the date of petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the appellant met with an accident on 21.11.2021. The petitioner/injured claimant sustained grievous injuries and was hospitalized as an inpatient from 21.11.2021 to 06.12.2021, i.e., for a period of 16 days. The appellant examined the doctor as PW.3, who assessed the disability at 32.69% to the right lower limb, 19.6% to the left lower limb and 17.3% to the whole body. It was further contended that the amounts awarded under the other heads are meager. Therefore, requested for enhancement of the compensation. 5. Learned counsel for the respondent submitted that the Tribunal has considered all the aspects and has granted reasonable compensation. 6. Though the petitioner/injured claimant stated that she was working as a coolie and earning Rs.18,000/- per month, she has not filed any income proof. The accident - 4 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 occurred in the year 2021. Therefore, the Tribunal has rightly taken her notional income at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority, and the same is confirmed. She was aged 46 years as per Ex.P.10 and the applicable multiplier is ‘13’. As per the evidence of doctor, she sustained the following injuries: "a. Right leg both bones fracture. b. Fracture of distal tibia left leg. c. Fracture talus comminuted left leg." 7. The doctor assessed the disability at 32.69% to the right lower limb, 19.6% to the left lower limb and 17.3% to the whole body. However, the Tribunal has considered the functional disability at 10% without any basis. Therefore, this Court finds it reasonable to assess the disability at (32.69%+19.6%x1/3rd) 17.3% instead of 10% as taken by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.4,04,820/- (15,000 × 12 × 13 × 17.3%). The petitioner/injured was admitted as an inpatient for a period of 16 days and the Tribunal has granted a sum of Rs.18,816/- towards medical expenses, which is confirmed. Considering the - 5 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 nature of injuries, the period of hospitalization, occupation of the petitioner and other relevant factors, this Court finds it reasonable to grant Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment, and attendant charges. The petitioner/injured might not have attended to any work for a period of four months. Therefore, a sum of Rs.60,000/- (15,000 × 4) is awarded towards loss of income during the laid-up period. The doctor has stated that the petitioner/injured require another surgery for removal of the implants and has estimated the cost of surgery at Rs.40,000/- to Rs.45,000/-. This Court finds it reasonable to award a sum of Rs.30,000/- towards future medical expenses. 8. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,23,636/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 1 Towards loss of future earning capacity 4,04,820/- 2 Towards medical expenses 18,816/- 3 Towards loss of amenities 30,000/- 4 Towards transportation, extra nourishment and attendant charges 30,000/- 5 Towards loss of income during laid up period 60,000/- 6 Towards future medical expenses 30,000/- Total 6,23,636/- - 7 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 ii. The judgment and award dated 09.05.2023 passed in MVC No.5921/2021 on the file of the XIV Additional Small Causes Judge and ACMM, Member-MACT, Bengaluru (SCCH-10), is modified. iii. The claimant is entitled to a sum of Rs.6,23,636/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,73,816/- granted by the Tribunal. iv. Managing director of the respondent/KSRTC has already deposited the awarded amount before the Tribunal. Therefore, respondent/KSRTC is directed to deposit the enhanced compensation of Rs.2,49,820/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. - 8 - HC-KAR NC: 2026:KHC:3586 MFA No. 6138 of 2024 vi. On 10.01.2025, the delay of 390 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 67