- 1 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6211/2024 (MV-I) BETWEEN: ANJITHA D/O ANANDA, AGED ABOUT 26 YEARS, WORKING AT BPO RURAL SOURCES, BETTAMAKKI, THIRTHAHALLI R/AT KARADIKODU, HONNETHALA POST, AGUMBE HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 411 …APPELLANT (BY SRI. ASHWATH C.M., ADVOCATE) AND: 1. CHANDRAPPA H T S/O GOVINDA, AGED ABOUT 38 YEARS, R/AT KARADIKODU, HONNETHALA POST, AGUMBE HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 411 (OWNER CUM DRIVER OF MOTOR BIKE BEARING REG. NO. KA-14-EP-2040). 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD. NEAR KOPPA CIRCLE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 THIRTHAHALLI BRANCH, THIRTHAHALLI, SHIVAMOGGA DISTRICT – 577 432 (INSURER OF MOTOR BIKE BEARING REG. NO. KA-14-EP-2040) (POLICY NO. 473190/31/2019/1839) …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, R1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.07.2024 PASSED IN MVC NO. 819/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL M.A.C.T.-14, THIRTHAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 16.07.2024 passed by the Senior Civil Judge and JMFC, Thirthahalli, in MVC No.819 of 2019. 2. Injured claimant aged 21 years working as a BPO, Rural Sources, met with an accident on 15.12.2018 and filed a claim petition claiming compensation of Rs.20 lakhs with interest. The Tribunal considering the impairment on record - 3 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 granted an amount of Rs.2,63,109/- with interest at the rate of 9% per annum. 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that she took treatment as an inpatient for a period of 12 days, and she was admitted in hospital for 9 times between 04.02.2019 to 08.03.2021. She travelled 160 kilometres from her residence for review and follow up treatment. The Tribunal granted meagre amounts under the conventional heads and thus, requested for enhancement of the compensation. 4. Learned counsel for respondent-insurance company stated that the petitioner was working as BPO and getting a salary of Rs.12,000/- per month, but she has not examined the author of the document. As such, the Tribunal has rightly taken her income as Rs.10,000/- per month and it needs no interference. 5. Heard the arguments of learned counsel for both sides. - 4 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 6. Though the petitioner herself has stated that she was earning Rs.12,000/- per month, she has not filed the proof of income. Therefore, as she met with an accident in the year 2018, her notional income is to be taken as Rs.12,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. She was aged 21 years at the time of accident and the multiplier is to be taken as 18. 7. Exhibit P7 is the wound certificate and P8 is the discharge summary. As per the wound certificate at Exhibit P.7, the petitioner has sustained the following injuries: “1. Surgically sutured wound with intact sutures measuring 15 cm in length, was present over front and outer aspect of right leg and foot, starting at a point 4 cm below right knee. 2. Right forearm swelling present. Bony crepitus deformity present. No neurovascular deficit. 3. Avulsed laceration, over an area of 9X4X muscle deep present over back of right hand, staring at a point, 3 cm below right wrist.” 8. The aforementioned injuries are grievous in nature. P.W.2-doctor has observed that as per X-ray examination, - 5 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 there is union of fracture and assessed 8% disability to her right lower limb. The Tribunal has taken 4% disability and this Court finds no reason to interfere with the said disability. So, the loss of future earning capacity comes to Rs.1,08,000/- (12,500x12x18x4%). She was admitted in the hospital for 19 days as per the discharge summary. Considering the nature of injuries, period of hospitalisation and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended to any other work at least for a period of 3 months. Therefore, Rs.37,500/- (12,500 x 3) is granted towards loss of income during the laid up period. The Tribunal has granted Rs.80,000/- towards pain and suffering and it is confirmed. As per the relevant documents, the Tribunal granted Rs.47,709/- towards medical expenses and it needs no interference. 9. Thus, in all, the claimant is entitled for the compensation of Rs.3,28,209/- with interest at 6% per annum as against Rs.2,63,109/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 1,08,000/- 2. Medical expenses 47,709/- 3. Pain and Suffering 80,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 37,500/- Total 3,28,209/- 11. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.3,28,209/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of - 7 - HC-KAR NC: 2026:KHC:3140 MFA No. 6211 of 2024 Rs.65,100/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 93