- 1 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6555 OF 2025(MV-I) BETWEEN: SMT. NATHIYA C., W/O BOOBALAN AGED ABOUT 37 YEARS R/AT NO.417 ANNANAGAR, VEDANATHAM TIRUVANNAMALAI TAMILNADU - 606 611. PRESENTLY RESIDING AT NO.4/4, 5TH CROSS, RIGHT SIDE, NEAR ANJANA THEATER, MAGADI ROAD, BANGALORE - 23. …APPELLANT (BY SRI. LAKSHMANA R., ADVOCATE) AND: 1. M/S TATA AIG GENERAL INSURANCE CO. LTD., BY ITS MANAGER 2nd FLOOR JP AND DEVI JMAMBUKESHWARI ARCADE NO.69, MILLERS ROAD Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 BANGALORE - 560 052. 2. SRI MANJUNATHA E., S/O ERANNA, NO.18/8, GURUPRIYA KALYANA MANTAPA ROAD, NEAR ASHWINI STORE, KAMAKSHI PALYA, BASAVESHWARANAGAR, BANGALORE - 79. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1; V/O DATED 13.02.2026 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.01.2025 PASSED IN MVC NO.5179/2022 ON THE FILE OF THE VIII ADDITIONAL JUDGE COURT OF SMALL CAUSES AND ACJM, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-5), 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 Heard the arguments of both sides. - 3 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 2. This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 04.01.2025 passed in MVC No.5179/2022, by the VIII Additional Judge Court of Small Causes and ACJM, the Motor Accident Claims Tribunal, Bengaluru (SCCH-5), (hereinafter referred to as 'the Tribunal'), seeking enhancement of compensation. 3. The injured claimant met with a road traffic accident on 20.08.2022 and thereafter filed a claim petition seeking compensation of Rs.20,00,000/-. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.3,08,008/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said award, the appellant has preferred the present appeal contending that the compensation awarded by the Tribunal is inadequate and requires enhancement. - 4 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 5. It is the case of the appellant that she sustained the following grievous injuries in the accident: i. Fracture of 3rd and 4th Metatarsal Bone (MTB) of the right foot; ii. Deep lacerated wound over the right leg; iii. Blunt injury over the right iliac region; iv. Abrasion over the right great toe. 6. The appellant examined the doctor as PW-2. The doctor deposed that the appellant had sustained a deep cut lacerated wound over the right leg, which was sutured on 20.08.2022. The fractures of the foot were treated conservatively. Though fractures have united, the would over the right leg developed infected with black discoloration and serous discharge. The appellant continues to suffer from pain and stiffness of right ankle. She has developed neck pain after the accident, swelling on standing and has a large deep think scar over her right leg. The doctor assessed the permanent disability at 25% to the lower limb and 8% to the whole body. The Tribunal - 5 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 granted meager amounts under the other hands and thus requested for enhancement of the compensation. 7. The Tribunal, after considering the evidence, took the whole body disability at 8%, which is just and proper and does not call for interference. 8. Though the appellant was working as a coolie and earning Rs.25,000/- per month, no documentary proof of income has been produced. As the accident occurred in the year 2022, the notional income is to be taken at Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The appellant was aged 34 years at the time of the accident and the applicable multiplier is '16'. Therefore, the loss of future earning capacity' comes to Rs.15,500/- x 12 x 16 x 8%=Rs.2,38,080/-. 9. The Tribunal has awarded Rs.32,433/- towards 'medical expenses', which is just and proper and the same is confirmed. - 6 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 10. The appellant was hospitalised for a period of one week. Considering the nature of injuries sustained, the period of hospitalisation, her occupation and other relevant factors, this Court finds it reasonable to award a sum of Rs.50,000/- towards 'pain and suffering', Rs.25,000/- towards 'loss of amenities' and Rs.30,000 towards 'transportation, extra nourishment and attendant charges'. 11. The appellant might not have attended her work at least for a period of three months due to the injuries sustained in the accident. Therefore, she is entitled for Rs.46,500/-=(15,500 x 3) under the head 'loss of income during the laid-up period'. 12. The Tribunal has granted a sum of Rs.17,683/- towards 'vehicle damages expenses' and the said amount is hereby confirmed. 13. Thus, the compensation awarded by this Court is as follows: - 7 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 14. In summary, the appellant/claimant is entitled to a total compensation of Rs.4,39,696/- as against Rs.3,08,008/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,31,688/-. To this extent, the award passed by the Tribunal is modified. 15. In the result, pass the following: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 2,38,080.00 Medical expenses 32,433.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 46,500.00 Vehicle damage expenses 17,683.00 Total 4,39,696.00 - 8 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 ii. The judgment and award dated 04.01.2025 passed in MVC No.5179/2022, by the VIII Additional Judge Court of Small Causes and ACJM, the Motor Accident Claims Tribunal, Bengaluru (SCCH-5), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,31,688/-. (Rs.4,39,696/- minus Rs.3,08,008/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.1,31,688/- with interest rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:9353 MFA No. 6555 of 2025 v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. vi. Claimant/appellant is not entitled to interest for the delay period of 122 days as per order dated 13.02.2026 in I.A.No.1/2025. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 13