Karnataka High Court
S Malathi Mallya vs The Manager on 17 September, 2025
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NC: 2025:KHC:37027
MFA No. 3942 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.3942 OF 2024(MV-I)
BETWEEN:
S. MALATHI MALLYA,
W/O. ASHOK KUMAR,
AGED ABOUT 40 YEARS,
R/AT 2ND STAGE, VINOBA NAGAR,
SHIVAMOGGA,
KARNATAKA-577 204.
...APPELLANT
(BY SRI. P. MAHADEVASWAMY, ADVOCATE)
Digitally signed AND:
by AASEEFA
PARVEEN
Location: HIGH 1. THE MANAGER,
COURT OF UNITED INDIA INS. CO. LTD.,
KARNATAKA
KRISHI BHAVAN,
5TH FLOOR, HUDSON CIRCLE,
BENGALURU-560 001.
2. SRI. MAHADEVAPPA BANAKAR
S/O. CHANDRAPPA,
R/AT KURUBAGERI,
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MFA No. 3942 of 2024
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KADLEPPANAVAR ONI,
RANEBENNUR,
HAVERI DISTRICT-581 115.
...RESPONDENTS
(BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R1;
R2- VIDE COURT ORDER DATED 17.09.2025,
NOTICE IS DISPENSED WITH)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02.02.2024 PASSED IN
MVC NO.1891/2023 ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMEBER,
MACT-7, BENGALURU SCCH-7, 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 DR. JUSTICE CHILLAKUR SUMALATHA
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MFA No. 3942 of 2024
HC-KAR
ORAL JUDGMENT
At request of Sri.Mahadeva Swamy P., learned counsel for
the appellant as well as Sri.Krishna Kishore S., learned counsel
for respondent No.1, the matter is taken up for final hearing
and disposal.
2. The claimant in MVC No.1891/2023 that stood
pending before the Additional Motor Accident Claims Tribunal,
Bengaluru and was disposed of through order dated 02.02.2024
is before this Court dissatisfied with the sum that is awarded as
compensation by the Tribunal.
3. As against the claim for Rs.15,00,000/- in total, the
Tribunal awarded a sum of Rs.5,11,777/- divided under
following heads:
Sl. Heads of compensation Amount in
No Rs.
1 Towards pain and
1,00,000.00
sufferings
2 Towards medicine and
2,29,544.00
hospital bill
3 Towards loss of earning
1,32,233.00
during period of treatment
4 Towards attendant and
25,000.00
nourishment charges
5 Towards loss of amenities 25,000.00
Total 5,11,777.00
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4. Arguing the matter, learned counsel for the
appellant submits that the appellant sustained grievous injuries
in the road traffic accident and she could not attend her normal
pursuits for a period of three months. PW3 who examined the
appellant clearly stated that the disability in respect of left
lower limb is 40% and in respect of whole body is 13%.
However, the Tribunal did not award any compensation towards
loss of future earnings which is unjustifiable. Learned counsel
thereby seeks for enhancement of compensation.
5. On the other hand, learned counsel for respondent
No.1 states that the appellant is working as an employee at a
bank and by all the evidence produced by the appellant herself,
it is clear that she is continuing her job even after the date of
accident. Perceiving the said fact, the Tribunal did not award
any compensation towards loss of future earnings. Learned
counsel contends that the award of the Tribunal is valid in all
aspects.
6. It is not in dispute that the appellant met with a
road traffic accident and she sustained left knee ACL, medial
menscal lateral meniscal tear and MCL tear and she underwent
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a surgery also. As per the evidence of PW3, the appellant is left
with whole body disability of 13%. However, the fact remains is
that the appellant is continuing her job even after the date of
accident and thus there is no loss of future earnings as such.
The appellant who examined herself as PW1 during the course
of cross-examination admitted that she is continuing her job.
However, the fact remains is that the appellant will have to
attend her normal pursuits and her duties at her work place
with the disability she is left with. Therefore, she will be facing
the difficulty all the time in attending her pursuits either
personal or professional.
7. The Tribunal awarded a sum of Rs.25,000/- under
the head loss of amenities. However, as no sum is awarded
towards loss of future earnings and as the earnings of the
appellant in future i.e. after the date of accident would be
subject to her disability to work with full strength and vigour,
this Court is of the view that, a sum of Rs.70,000/- is required
to be awarded additionally towards loss of amenities in life.
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8. Also as rightly contended no sum is awarded
towards future medical expenses. Having considered the nature
of injuries sustained and the surgery conducted, this Court
considers desirable to award a sum of Rs.10,000/- towards
future medical expenses. Thus, the total sum which the
appellant is entitled to receive in addition to the sum that is
awarded by the Tribunal is Rs.80,000/- (Rs.70,000/- +
Rs.10,000/-).
9. Thus, the appeal is disposed of with the following
ORDER
i) The appeal is allowed in part.
ii) The compensation that is granted by the Additional
Motor Accident Claims Tribunal, Bengaluru, through orders in
MVC No.1891/2023 dated 02.02.2024 is enhanced by
Rs.80,000/-.
iii) The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date of deposit.
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iv) Respondent No.1 is directed to deposit the enhanced
sum within a period of eight weeks from the date of receipt of
certified copy of this judgment.
v) On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
