- 1 - HC-KAR NC: 2026:KHC:5265 MFA No. 6910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6910 OF 2025 (MV-I) BETWEEN: SMT LATHAMANI W/O. DEVARAJU, AGED ABOUT 28 YEARS, R/AT MATTIGATTA VILLAGE, CHIKKANAYAKANAHALLI TALUK, HANDANAKARE HOBLI, TUMAKURU DISTRICT. …APPELLANT (BY SRI. RAJU S., ADVOCATE) AND: 1. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED MVC HUB, THE ESTATE, NO.121, 9TH FLOOR, DICKENSON ROAD, M.G. ROAD, BENGALURU-560 042 2. SRI. BALAKRISHNEGOWDA B.R., S/O. B.T. RAMAIAH, MAJOR, R/AT NO.62, KULUVANAHALLI VILLAGE AND POST, THYAMANGONDULU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. REP BY IS MANAGER …RESPONDENTS (BY SRI. KRISHNA KISHORE S., ADVOCATE FOR R1; SRI. PRAVEEN KUMAR K.S., ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5265 MFA No. 6910 of 2025 THIS MFA IS FILED UNDER SECTION.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 05.02.2025 PASSED IN MVC NO.5020/2022 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, SCCH-14, 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 05.02.2025 passed in MVC Nos.5021/2022 and 5020/2022. However, MFA No.6910/2025 is filed against the award passed in MVC No.5020/2022 by the Member, MACT, XVI Additional Judge, Court of Small Causes, Bengaluru, SCCH-14, seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:5265 MFA No. 6910 of 2025 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,07,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured claimant aged 25 years, met with an accident on 10.02.2021. Due to the injuries sustained in the accident, she was hospitalized for a period of two days. She was working as a housemaid and earning Rs.20,000/- per month. However, the Tribunal has not considered the said income and has taken her notional income at Rs.15,000/- per month and the same is confirmed. She took bed rest for four months. Therefore, she is entitled for loss income during laid up period for six months and thus requested for enhancement of the compensation. 5. The petitioner has not examined the doctor. As per Ex.P.20- case sheet, she sustained tenderness over the left upper chest region. As per Ex.P.15, she incurred Rs.53,991/- towards medical expenses. The Tribunal has awarded a sum of - 4 - HC-KAR NC: 2026:KHC:5265 MFA No. 6910 of 2025 Rs.54,000/- under the said head and the same is confirmed. Considering the nature of injuries, age of the petitioner and her occupation, this Court finds it reasonable to enhance the compensation by awarding Rs.20,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities and Rs.25,000/- towards transportation, extra nourishment and attendant charges. She might not have attended her work for a period of two months. Therefore, she is entitled to a sum of Rs.30,000/- (15,000x2) under the head loss of income during the laid-up period. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 20,000/- 2 Towards medical expenses 54,000/- 3 Towards loss of amenities 15,000/- 4 Towards transportation, extra nourishment and attendant charges 25,000/- 5 Towards loss of income during laid up period 30,000/- Total 1,44,000/- - 5 - HC-KAR NC: 2026:KHC:5265 MFA No. 6910 of 2025 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,44,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 05.02.2025 passed in MVC No.5020/2022 on the file of the Member, MACT, XVI Additional Judge, Court of Small Causes, Bengaluru, SCCH-14, is modified. iii. The claimant is entitled to a sum of Rs.1,44,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,07,000/- granted by the tribunal. - 6 - HC-KAR NC: 2026:KHC:5265 MFA No. 6910 of 2025 iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.37,000/- 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. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 64