- 1 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.309 OF 2018 (MV-I) BETWEEN: SMT. NANJAMMA W/O. LATE LINGEGOWDA AGED ABOUT 68 YEARS RESIDING AT MALLENAHALLI TOTADAMANE, MALLENAHALLI SHRAVANABELGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-571 223 …APPELLANT (BY SRI SHANKAR S. BHAT, ADVOCATE) AND: Digitally signed 1. SRI NAVEEN B. by S/O. RANGEGOWDA PADMASHREE AGED ABOUT 52 YEARS SHEKHAR R/AT 587/H-2DDESAI 1ST CROSS, TARAGHAR BUILDING Location: High K. C. NAGAR, BYLAHONGALACourt of Karnataka (OWNER OF HERO HONDA SPLENDOR BIKE BEARING REG. NO.KA-06-K-4773 2. M/S. ORIENTAL INSURANCE COMPANY LIMITED THE MERCHANTS BANK BUILDING S. R. CIRCLE, BYLAHONGALA REPRESENTED BY REGIONAL MANAGER - 2 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 REGIONAL OFFICE, NANJAPPA COMPLEX HASSAN-573 101 …RESPONDENTS (BY SRI V. R. DATAR, ADVOCATE FOR R-2; R-1 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 14/06/2017, PASSED IN MVC NO.2013/2014, ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 14/06/2017, passed in MVC No.2013/2014, on the file of the IV Additional District and Sessions Judge, Hassan District (Sit at Channarayapatna), for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 27.03.2014 and filed claim petition claiming compensation of Rs.8,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,20,000/-along with interest at the rate of 9% p.a., from the date of petition till realisation. 4. Aggrieved by the said award, she preferred an appeal and mainly contended that the petitioner sustained head injury i.e., left temporal contusion. But the Tribunal granted meager amounts under the other heads. She was an agriculturist. But now she could not work as before, therefore requested for enhancement.

5. Learned counsel for respondent stated though petitioner examined the doctor, he has not assessed disability. The injured/petitioner stated that she was earning Rs.25,000 to Rs.35,000 per month but she has not - 4 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 filed any income proof. As she met with an accident in the year 2014, this court finds it reasonable to take her notional income as Rs.8,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. She was aged 64 years and the relevant multiplier is ‘7’. The petitioner filed Ex.P3/wound certificate and also Exs.7 and 8 discharge summaries. 6. Perusal of the record shows that the doctor is examined as CW1 and he stated that the petitioner has no neurological disorder and is not suffering from any neurological disability and she was treated with conservative treatment and she is not required to take any medicine for the existence of headache. Considering the evidence of CW1, the tribunal observed that there is no physical disability on account of the injury sustained by her and there is no evidence to show that she sustained Compound Fracture of T-2. The tribunal granted Rs.50,000/- towards medical expenses based on Ex.P6 and the same is confirmed. The date of admission and - 5 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018

discharge was on same day. Considering the above factors, tribunal granted Rs.30,000/- towards pain and suffering, Rs.20,000/- for loss of amenities and Rs.20,000/- for transportation, extra nourishment and attendant charges and the same is confirmed. The petitioner might not have attended any other work at least for period of 2 months, therefore this court finds it reasonable to grant an amount of Rs.8500 x 2 = Rs.17,000/- loss of income during laid up period due to the injury sustained in the accident. 7. Thus in all, components awarded by this court are as below, Particulars Amount Sl.Nos. in Rs. 2 Pain and suffering 30,000 3 Loss of amenities 20,000 4 Transportation, extra nourishment 20,000 and attendant charges. 5 Loss of income during up period 17,000 6 Medical bills 50,000 Total 1,37,000 - 6 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 Hence, the compensation granted by tribunal is enhanced from Rs.1,20,000/- to Rs.1,37,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.06.2017, passed in MVC NO.2013/2014, on the file of the IV Additional District And Sessions Judge, Hassan District (Sit At Channarayapatna), is modified.

iii. The claimant is entitled to a sum of Rs.1,37,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,20,000/-granted by the tribunal. - 7 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.17,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 2 Sl No.: 32

- 1 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.309 OF 2018 (MV-I) BETWEEN: SMT. NANJAMMA W/O. LATE LINGEGOWDA AGED ABOUT 68 YEARS RESIDING AT MALLENAHALLI TOTADAMANE, MALLENAHALLI SHRAVANABELGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-571 223 …APPELLANT (BY SRI SHANKAR S. BHAT, ADVOCATE) AND: Digitally signed 1. SRI NAVEEN B. by S/O. RANGEGOWDA PADMASHREE AGED ABOUT 52 YEARS SHEKHAR R/AT 587/H-2DDESAI 1ST CROSS, TARAGHAR BUILDING Location: High K. C. NAGAR, BYLAHONGALACourt of Karnataka (OWNER OF HERO HONDA SPLENDOR BIKE BEARING REG. NO.KA-06-K-4773 2. M/S. ORIENTAL INSURANCE COMPANY LIMITED THE MERCHANTS BANK BUILDING S. R. CIRCLE, BYLAHONGALA REPRESENTED BY REGIONAL MANAGER - 2 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 REGIONAL OFFICE, NANJAPPA COMPLEX HASSAN-573 101 …RESPONDENTS (BY SRI V. R. DATAR, ADVOCATE FOR R-2; R-1 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 14/06/2017, PASSED IN MVC NO.2013/2014, ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 14/06/2017, passed in MVC No.2013/2014, on the file of the IV Additional District and Sessions Judge, Hassan District (Sit at Channarayapatna), for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 27.03.2014 and filed claim petition claiming compensation of Rs.8,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,20,000/-along with interest at the rate of 9% p.a., from the date of petition till realisation. 4. Aggrieved by the said award, she preferred an appeal and mainly contended that the petitioner sustained head injury i.e., left temporal contusion. But the Tribunal granted meager amounts under the other heads. She was an agriculturist. But now she could not work as before, therefore requested for enhancement.

5. Learned counsel for respondent stated though petitioner examined the doctor, he has not assessed disability. The injured/petitioner stated that she was earning Rs.25,000 to Rs.35,000 per month but she has not - 4 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 filed any income proof. As she met with an accident in the year 2014, this court finds it reasonable to take her notional income as Rs.8,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. She was aged 64 years and the relevant multiplier is ‘7’. The petitioner filed Ex.P3/wound certificate and also Exs.7 and 8 discharge summaries. 6. Perusal of the record shows that the doctor is examined as CW1 and he stated that the petitioner has no neurological disorder and is not suffering from any neurological disability and she was treated with conservative treatment and she is not required to take any medicine for the existence of headache. Considering the evidence of CW1, the tribunal observed that there is no physical disability on account of the injury sustained by her and there is no evidence to show that she sustained Compound Fracture of T-2. The tribunal granted Rs.50,000/- towards medical expenses based on Ex.P6 and the same is confirmed. The date of admission and - 5 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018

discharge was on same day. Considering the above factors, tribunal granted Rs.30,000/- towards pain and suffering, Rs.20,000/- for loss of amenities and Rs.20,000/- for transportation, extra nourishment and attendant charges and the same is confirmed. The petitioner might not have attended any other work at least for period of 2 months, therefore this court finds it reasonable to grant an amount of Rs.8500 x 2 = Rs.17,000/- loss of income during laid up period due to the injury sustained in the accident. 7. Thus in all, components awarded by this court are as below, Particulars Amount Sl.Nos. in Rs. 2 Pain and suffering 30,000 3 Loss of amenities 20,000 4 Transportation, extra nourishment 20,000 and attendant charges. 5 Loss of income during up period 17,000 6 Medical bills 50,000 Total 1,37,000 - 6 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 Hence, the compensation granted by tribunal is enhanced from Rs.1,20,000/- to Rs.1,37,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.06.2017, passed in MVC NO.2013/2014, on the file of the IV Additional District And Sessions Judge, Hassan District (Sit At Channarayapatna), is modified.

iii. The claimant is entitled to a sum of Rs.1,37,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,20,000/-granted by the tribunal. - 7 - HC-KAR NC: 2026:KHC:37592 MFA No. 309 of 2018 CNR: KAHC010310572018 iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.17,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 2 Sl No.: 32