- 1 - HC-KAR NC: 2026:KHC:23617 MFA No. 4376 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4376 OF 2019(MV-I) BETWEEN: MS. SHAHEDA BANU, D/O MOHAMMED SHOKATH AGED 37 YEARS,OCC:TEACHER R/AT:NO.11, CENTRAL STREET, NEELSANDRA VIVEK NAGAR, BENGALURU - 560 047. …APPELLANT (BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE) AND: 1. SRI. CHANDRASHEKAR N.G., S/O SRI.GANGANNA GOWDA, R/AT NAGARAGHATTA VILLAGE, DODDA SOMANAHALLI POST, S.B.HALLI HOBLI, JAGINAKERE, K.R.PETE TALUK,MANDYA DISTRICT - 571 426. 2. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.28/5, CENTENARY BUILDING, EAST WING, M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI.D.VIJAYAKUMAR, ADVOCATE FOR R2; Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23617 MFA No. 4376 of 2019 NOTICE TO R1 IS DISPENSED WITH V/o DATED 11.09.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2019 PASSED IN MVC NO.5245/2017 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH.13), 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is filed by the injured claimant challenging the judgment and award dated 27.02.2019 in MVC 5245/2017 by II Additional Judge & XXVIII ACMM, Court of Small Causes and MACT, Bengaluru (SCCH-13) (for short 'the Tribunal') 2. Sri Suresh M. Lathur, learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in assessing the disability at 13% which is contrary to the evidence of the Doctor and Tribunal has awarded meagre compensation on all other heads. Hence, - 3 - HC-KAR NC: 2026:KHC:23617 MFA No. 4376 of 2019 he seeks to reassess the compensation by considering the oral and documentary evidence on record. 3. Per contra, learned counsel appearing for the respondent supports the impugned judgment and award passed by the Tribunal and submits that Tribunal considering the nature of injuries referred in Exhibit P8 and Exhibit P9 has assessed the liability at 13% and awarded just compensation. There is no scope for enhancement. 4. I have heard the arguments on both sides and perused the material on record. 5. The appellant met with a road accident on 30.08.2017 and sustained proximal tibia fracture (left) sided (schatzkev's type V) i.e. bi condylar fracture with fracture of fibula. The aforesaid fracture can be noticed from Exhibit P8 and Exhibit P9, the wound certificate and discharge summary as well as from the oral evidence of PW2-Dr. S.A.Somashekhar. The evidence of the Doctor - 4 - HC-KAR NC: 2026:KHC:23617 MFA No. 4376 of 2019 would indicate that the appellant has sustained aforesaid fracture and he assessed the disability at 38% to a particular limb and 19% to the whole body. Hence, I am of the view that the disability is required to be reassessed by considering expert's opinion at 19%. Having reassessed the disability and taking note of the oral and documentary evidence on record and also keeping in mind that the appellant who was a Teacher, aged about 35 years was hospitalized for a period of 18 days underwent surgery, compensation on other heads are also required to be enhanced appropriately and the same are enhanced as under: Heads Amount in rupees Pain and suffering 60,000/- Loss of future income due to disability:12,000x12x16x19%=4,37,760/- 4,37,760/- Conveyance, attendant charges and nutrition food 30,000/- Loss of earning during the laid up period (12,000-/ x 3 = 36,000/-) 36,000/- Loss of amenities 50,000/- Future medical expenses 25,000/- Medical expenses 8,344/- TOTAL 6,47,104/- - 5 - HC-KAR NC: 2026:KHC:23617 MFA No. 4376 of 2019 6. Thus, the appellants/claimants would be entitled to a total compensation of `6 `6 `6 `6,47,104/- as against `4,44,864/- awarded by the Tribunal. The enhanced compensation shall carry the interest at the rate of 6% p.a. 7. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 27.02.2019 passed by the Tribunal in MVC No.5245/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of `6 `6 `6 `6,47,104/- as against `4,44,864 ,44,864 ,44,864 ,44,864/- awarded by the Tribunal. (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. - 6 - HC-KAR NC: 2026:KHC:23617 MFA No. 4376 of 2019 (iv) Respondent No.2-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. (v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. (vi) Registry shall transmit the records to the Tribunal forthwith. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE tsn* List No.: 1 Sl No.: 10