- 1 - HC-KAR NC: 2026:KHC:21251 MFA No. 2118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2118 OF 2024 (MV-I) BETWEEN: JAYALAKSHMAMMA @ JAYALAKSHMI D/O HOMBAIAH, AGED ABOUT 37 YEARS, RESIDNG AT NO. 14, BENNEHALLI, BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT - 562 109. …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. RAJU S/O SHIVALINGAIAH, AGED ABOUT 39 YEARS, RESIDING AT BHYRAVANADODDI VILLAGE, BIDADI HOBLI, RAMANGARA TALUK, AND DISTRICT - 562 109. 2. THE MANAGER UNIVERSAL SOMPO GEN. INS. CO. LTD., NO. 217/A, 3RD FLOOR, KVV SAMPRAT, 3RD MAIN, HORA VARTULA ROAD, KASTURINAGARA, BENGALURU - 560 043. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2; VIDE ORDER DATED 15.10.2024, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21251 MFA No. 2118 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2023 PASSED IN MVC NO.227/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, AND CJM., RAMANAGARA, 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 Motor Vehicles Act, 1988, challenging the judgment and award dated 11.09.2023 passed in MVC No.227/2020 on the file of the Addl. Motor Accidents Claims Tribunal and Prl. Senior Civil Judge and CJM., Ramanagar, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondent No.2. Vide order dated 15.10.2024 notice to respondent No.1 is - 3 - HC-KAR NC: 2026:KHC:21251 MFA No. 2118 of 2024 dispensed with. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. It is the case of injury. The injured claimant met with an accident on 13.07.2020 and filed petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,60,169/- along with interest at the rate of 6% per annum from date of petition till its realization. 4. Aggrieved by the same, the appellant preferred an appeal. The learned counsel for the claimant mainly contended that she was working in garments factory and earning Rs.20,000/- per month. But the Tribunal error in taking her income is Rs.14,500/-, which is on lower side. She was inpatient for 3 days. She spent huge amount for medical expenses. She also examined PW.2-Doctor. He is an orthopedic surgeon. He stated that there is 34% permanent disability for particular limb. But the Tribunal has taken 11%, which is on the lower side. The amounts - 4 - HC-KAR NC: 2026:KHC:21251 MFA No. 2118 of 2024 granted under the other heads are meagre. Therefore, requested for enhancement of the compensation. 5. Learned counsel of respondent No.2 stated that the Tribunal has rightly considered the disability at 11% and granted reasonable amounts under the other heads, which is to be confirmed. 6. Though the learned counsel for the petitioner stated that she was earning Rs.20,000/- per month, she has not filed any income proof. She met with an accident in the year 2020. The Tribunal has considered her notional income as Rs.14,500/-. She was aged 33 years and relevant multiplier is 16. She filed Ex.P.5-Wound certificate and Ex.P.7-Discharge Summery. She sustained grievous injuries which reads as following: i) Abrasion over right elbow; ii) Swelling and tenderness over right ankle present; iii) An abrasion over right heel. - 5 - HC-KAR NC: 2026:KHC:21251 MFA No. 2118 of 2024 7. Out of which, she was diagnosed to have a fracture of the right ankle and underwent operation. She assessed the permanent disability in the limb as 35% and whole body disability as 7%. Considering the medical evidence on record, this Court finds it reasonable to take 11% disability. Accordingly, the 'loss of future earning capacity' comes to Rs.3,06,240/- (Rs.14,500/- x 12 x 16 x 11%). The Tribunal has awarded a sum of Rs.44,429/- towards medical expenses and it is confirmed. The injured was hospitalized for a period of three days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award a sum of Rs.40,000/- towards pain and suffering, Rs.25,000/- towards transportation, extra nourishment and attendant charges, Rs.14,500/- towards laid up period, Rs.20,000/- towards loss of amenities and Rs.10,000/- towards travel expenses, which are to be confirmed. - 6 - HC-KAR NC: 2026:KHC:21251 MFA No. 2118 of 2024 8. The Tribunal has granted reasonable amount under all the heads. Therefore, this Court finds no reason to interfere with the award of the Tribunal. In the result, I pass the following: ORDER The appeal is dismissed, confirming the judgment and award of the Tribunal. Insurance company already deposited the award amount, claimant-appellant is permitted to withdraw the amount. Sd/- (P SREE SUDHA) JUDGE AMM, List No.: 1 Sl No.: 56