- 1 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7296 OF 2024 (MV-I) BETWEEN: SMT. ZARIN TAJ W/O. MOHAMED ALI NOW AGED ABOUT 42 YEARS NO.33, DODDAMARALAVADI 3RD BLOCK, MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 121. …APPELLANT (BY SRI GIRIMALLAIAH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD. REGIONAL OFFICE T.P. HUB KRISHI BHAVAN 6TH FLOOR, HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU - 560 001 BY ITS MANAGER. 2. SRI MURALIDHARAN S/O. B. LINGARAJ, MAJOR (AGE OF R-2 NOT KNOWN TO APPELLANT) NO.11/1, NO.13 4TH MAIN LINK ROAD COCONUT GARDEN BEHIND AYYAPPA TEMPLE HOSUR MAIN ROAD MADIVALA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 BENGALURU - 560 068. …RESPONDENTS (BY SRI G.S. MARULAIAH, ADVOCATE FOR R1; VIDE ORDER DATED 11.02.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16.07.2024 PASSED IN M.V.C.NO.407/2022 ON THE FILE OF X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU SCCH-16 AND ENHANCE COMPENSATION AS PRAYED IN THE CLAIM PETITION. 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 the sides. 2. The tribunal has passed the common award in M.V.C.No.407/2022 and M.V.C.No.802/2022 dated 16.07.2024 by the Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru (for short, 'tribunal'). But this MFA No.7296/2024 is filed by the appellant- claimant against the award of the tribunal in M.V.C.No.407/2022. - 3 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 3. Parties to the appeal shall be referred to as per their status before the tribunal. 4. The injured claimant met with an accident on 23.11.2021 and filed claim petition claiming compensation of Rs.20,00,000/-. But the tribunal considering the entire evidence on record has granted an amount of Rs.8,64,350/- with interest at the rate of 6% per annum from date of petition till its realisation. 5. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal. 6. Learned counsel for appellant-claimant contended that PW.3-Doctor has assessed the disability at 57% to the left lower limb and 19% to the whole body. However, as she was doing tailoring work as well as household work, it is contended that the functional disability is 100%. It is also contended that under other heads also, compensation awarded is meager and the same requires enhancement. Hence, he seeks enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 7. Per contra, learned counsel for respondent- Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal. 8. In the present case, the claimant was doing tailoring work and household works and was earning an amount of Rs.20,000/- per month. But, she has not filed any income proof. As the accident was occurred on 23.11.2021, the tribunal has rightly taken the notional income as Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 41 years as per Ex.P13-Aadhar card and the multiplier is taken as '14'. 9. PW.3-Doctor has assessed the disability at 57% to the left lower limb and 19% to the whole body. He has stated in his evidence that on 25.11.2021 surgery was done under spinal Anesthesia, but the foot was not viable, - 5 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 hence fore foot Amputation was done on 17.12.2021. It is also stated that the claimant is suffering from pain and tenderness at amputation area, altered sensation over surgical scar, stiffness in the lower ribs, inching at stump, wounds are not healed up even today and the claimant has sustained the following injury: "Crush injury of foot and ankle with multiple metatarsal fracture." 10. Considering the injuries sustained and evidence of PW.3-Doctor, the tribunal has taken the whole body disability at 23% and the same does not call for interference. Since the disability is more than 20% and the age of the claimant is 41 years, the claimant is entitled to future prospects to an extent of 25%. Under the circumstance, the loss of future income due to disability comes to Rs.7,24,500/- (Rs.15,000/- + 25% = Rs.18,750/- x 12 x 14 x 23%). 11. The tribunal awarded Rs.60,750/- towards medical expenses as per Ex.P11-medical bills and it is - 6 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 confirmed. The claimant was hospitalised for a period of 31 days. Therefore, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and the claimant might not have attended any other work at least for a period of three (3) months, therefore, she is entitled for compensation of Rs.45,000/- (Rs.15,000/- x 3) under the head of loss of income during laid up period. 12. The tribunal awarded Rs.48,000/- towards attendant charges, Rs.36,000/- towards food and nourishment and Rs.20,000/- towards conveyance expenses, which do not call for interference. 13. Thus, in all, the claimant is entitled for the following compensation : Sl. No. Particulars Amount (In.Rs.) 1. Loss of future income due to disability 7,24,500-00 2. Medical expenses 60,750-00 3. Pain and sufferings 75,000-00 4. Attendant charges 48,000-00 5. Food and nourishment 36,000-00 - 7 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 6. Conveyance expense 20,000-00 7. Loss of income during laid-up period 45,000-00 8. Loss of amenities 50,000-00 Total 10,59,250-00 14. The tribunal has awarded the compensation of Rs.8,64,350/- but the appellant-claimant is entitled to total compensation of Rs.10,59,250/-. Therefore, the appellant-claimant is entitled to enhanced compensation of Rs.1,94,900/- (Rs.10,59,250/- - Rs.8,64,350/-). 15. Accordingly, I pass the following: ORDER i. The appeal is allowed-in-part; ii. The judgment and award dated 16.07.2024 passed in M.V.C.No.407/2022 by the Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru, is hereby modified holding that the appellant-claimant is entitled for enhanced compensation of - 8 - HC-KAR NC: 2026:KHC:8872 MFA No. 7296 of 2024 Rs.1,94,900/- along with interest @ 6% p.a.; iii. Respondent No.1-Insurance Company is directed to deposit the enhanced compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 9