- 1 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8356 OF 2024 BETWEEN: LAKSHMAMMA W/O CHANNIAH, AGED ABOUT 51 YEARS, R/AT NANDIHALLI VILLAGE, BAGESHPURA POST, GANDASI HOBLI, ARASIKERE TALUK, PRESENTLY R/AT SHRINIVAS NILAYA, ARALIKATTE CIRCLE, NEAR BHRAMAKUMARI SAMAJA, RANGOLIHALLA, HASSAN. …APPELLANT (BY SRI. NAIK KRISHNA VENKATARAMAN., ADVOCATE) AND: 1. SMT SHASHIKALA W/O DINESH, MAJOR, R/AT NANDIHALLI VILLAGE, BAGESHPURA POST, GANDASI HOBLI, ARASIKERE TALUK, (OWNER OF MOTORCYCLE BEARING NO. KA-13-ES-9715). 2. THE BRANCH MANAGER, CHOLAMANDALAM GENERAL INSURANCE CO., CAVERY COMPLEX, SAA NO.1632, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 BESIDE HOTEL KADAMBA, HASSAN. …RESPONDENTS (BY SRI. B PRADEEP., ADVOCATE FOR R2; V/O DT.24/10/2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.04.2023 PASSED IN MVC NO.955/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant against the judgment and award of the tribunal passed in MVC.No.955/2021 dated 20.04.2023 by the II Additional District and Sessions Judge and MACT, Hassan. 3. The injured claimant, met with an accident on 25.09.2020 and filed a claim petition seeking compensation of Rs.12,00,000/-. The tribunal, after - 3 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 considering the entire evidence on record, granted a total compensation of Rs.3,06,700/- with an interest rate of 6% per annum from the date of petition till the date of realization. 4. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal and mainly contended that the amount granted under all the heads is meagre. The doctor assessed the total disability as 29.4% to the left upper limb, but the tribunal has taken only 6% and his monthly earnings were considered as Rs.15,000/- which is on lower side and thus he seeks for enhancement of the compensation. 5. Learned counsel of the respondent stated that the tribunal rightly considered all the aspects and granted reasonable compensation, and it needs no interference. 6. Though the appellant stated that she was doing agriculture and earning Rs.35,000/- per month. She has not filed any income proof. She met with an accident in - 4 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 the year 2020. Therefore, her notional income is to be taken as Rs.14,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. In the Aadhar Card, her date of birth is shown as 01.01.1963 and she met with an accident in the year 2020. Therefore, her age is taken as 57 years and the multiplier applicable is 9. 7. Appellant/claimant sustained fracture of shaft of humerus - Left and fracture of lower end of radius left. She examined the doctor as PW2. The doctor assessed the disability as 29.04%. Therefore 1/3rd of the same comes to 10%. But the tribunal has taken it as 6% and it is to be enhanced. So loss of future earning capacity comes to Rs.14,500/-X 12 X 9 X 10% =Rs.1,56,600/-. 8. He was hospitalized for a period of 6 days. The tribunal granted Rs.50,000/- towards pain and suffering, granted Rs.25,000/- towards loss of amenities and Rs.45,000/- for loss of earnings during laid up period and the said amounts are confirmed. - 5 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 9. Appellant/claimant is entitled to Rs.30,000/- for transportation, diet, food, Nourishment, Conveyance and attendant charges as against Rs.25,000/- and tribunal granted Rs.64,500/- towards medical expenses and it needs no interference. 10. The total compensation comes to Rs.50,000/-+ +Rs.45,000/- + Rs.1,56,600/-+ Rs.64,500/- + Rs.30,000 + Rs.25,000/- = Rs.3,71,100/-. 11. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and sufferings 50,000.00 2. Loss of income during laid up period 45,000.00 3. Loss of future income 1,56,600.00 4. Medical Expenses 64,500.00 5. Diet, food, Nourishment, Conveyance and attendant charges 30,000.00 - 6 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 6. Loss of amenities 25,000.00 TOTAL 3,71,100/- 12. The Tribunal has awarded the compensation of Rs.3,06,700/- but the appellant/claimant is entitled to total compensation of Rs.3,71,100/-. Compensation is enhanced from Rs.3,06,700/- to Rs.3,71,100/-. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.955/2021 dated 20.04.2023 by the II Additional District and Sessions Judge and MACT, Hassan is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.3,71,100/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.3,06,700/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.64,400/- with interest within 1 month from the date of this - 7 - HC-KAR NC: 2026:KHC:1266 MFA No. 8356 of 2024 order. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 91