- 1 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5989 OF 2025 (MV-I) BETWEEN: 1. SMT. PREMA W/O HARISHA. M, NOW AGED ABOUT 41 YEARS, R/A AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. …APPELLANT (BY SRI.RAGHU R., ADVOCATE) AND: 1. HAYATH PASHA MAJOR, S/O VAJEER JAAN, R/A WARD NO. 17, 1ST CROSS, INDADIYA MOHALLA, FORT, KUNIGAL TALUK, TUMKURU DISTIRCT- 572130 2. THE MANAGER, MAGMA HDI GEN, INS. CO. LTD., 2ND FLOOR, HM JC ROAD, 36TH JC ROAD, NEAR MINERVA CIRCLE, BENGALURU- 560002 …RESPONDENTS Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 (BY SRI.MANJULA N TEJASWI.,ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 05.03.2026) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.08.2024 PASSED IN MVC NO. 4781/2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred against the award of the Tribunal dated 23.08.2024 passed in MVC No.4781/2021 by the Chief Judge, Court of Small Causes and Member Principal Motor Accident Claims Tribunal at Bengaluru (SCCH-1) (for short ‘Tribunal’). 2. Injured claimant met with an accident on 08.01.2021 and filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire - 3 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 evidence on record granted an amount of Rs.2,30,000/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the said award, the appellant has preferred this appeal. 3. Learned counsel for the appellant submits that appellant was doing labour work and earning Rs.20,000/- per month and she sustained grievous injuries. Doctor assessed the disability as 36% to the left lower limb and 18% to the whole body. Medical expenses were not awarded. The amount granted under the loss of amenities and other heads are meager and rate of interest is also on lower side and thus requested for enhancement of the compensation. 4. Learned counsel for the respondent submits that the doctor who treated him is not a treated doctor and he has not verified the treatment records while assessing the disability as such the Tribunal not considered disability but granted higher amounts under the other heads. 5. Heard the arguments of both sides. - 4 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 6. Though it is stated that petitioner was earning Rs.20,000/- per month she has not filed any income proof. As the accident was occurred in the year 2021, the notional income is to be taken as Rs.15,000 per month/-. she was aged 37 years and the multiplier is 15. Petitioner filed wound certificate under Ex.P6 and Ex.P7 and also examined the doctor as PW2. He stated that she has suffered Schatzker Type V Tibial Plateau Fracture with open wound type-1 with patella fracture. On examination, he found that the petitioner suffered permanent physical disability as 36% to the left lower limb and 18% to the whole body. In the cross-examination, he stated that he verified only discharge summary and petitioner sustained two fractures and they are united. There is no infection, deformity and swelling and again he stated that he noticed infection at the fracture site. He further stated that she can walk without support but to climb the steps and to walk on slope to kneel down she requires support. It is further stated that fractures require 12 to 16 weeks to - 5 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 heal and the alignment is normal at the fracture site. As per the medical evidence, disability is to be taken as 1/3rd of 36% which comes to 12%. Hence, loss of future earning capacity comes to Rs.3,24,000/- (15,000x15x12x12%). As medical expenses are already reimbursed, no amount is granted by the Tribunal towards the medical expenses. She was hospitalized for 20 days. Tribunal granted Rs.75,000/- towards loss of income during the laid up period for 5 months. This Court finds it reasonable to alter the same only for 3 months. Hence, Rs.45,000/- is granted towards loss of income during the laid up period. The amounts granted by Tribunal under the other heads are confirmed. 7. Accordingly, the compensation awarded by the Tribunal is re-assessed as follows; Particulars Rs. Amount Loss of future earning capacity Rs. 3,24,000/- Loss of income during laid up period Rs. 45,000/- Treatment Rs. 10,000/- - 6 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 Attendant, conveyance and nourishment charges Rs. 25,000/- Loss of amenities Rs. 50,000/- Pain and suffering Rs. 75,000/- Total compensation Rs. 5,29,000/- 8. The compensation is enhanced from Rs.2,30,000/- to Rs.5,29,000/-. The appellant is entitled for the enhanced compensation of Rs.2,99,000/- along with interest at 6% p.a., from the date of filing of the petition, till its actual realization. 9. Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The compensation awarded by the Tribunal is modified and re-assessed as indicated above. 3. The respondent No.2 is directed to deposit the enhanced compensation of Rs.2,99,000/- with interest at the rate of 6 % p.a., within a period of one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:13454 MFA No. 5989 of 2025 4. On such deposit, the petitioner is permitted to withdraw the compensation amount along with the accrued interest. 5. Claimant is not entitled for interest for delay period of 258 days as per order in IA No.1/2025 dated 05.03.2026. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE RJ List No.: 1 Sl No.: 9