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Karnataka High Court
Smt Uma vs Mahesha H on 26 February, 2026
-1-
NC: 2026:KHC:12031
MFA No. 5227 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 5227 OF 2024 (MV-I)
BETWEEN:
1. SMT UMA,
W/O MAHESH H.,
AGED ABOUT 42 YEARS
R/AT KODALA VILLAGE,
CHINAKURALI HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT.
AT PRESENT ADD: KRISHNANAGARA
3RD STAGE, PANDAVAPURA TOWN
MANDYA DIST - 571 455.
...APPELLANT
(BY SRI. P. MAHADEVASWAMY.,ADVOCATE)
AND:
1. MAHESHA H,
S/O LATE HANUMEGOWDA
Digitally signed
by AGED ABOUT 50 YEARS
SHARADAVANI R/AT KODALA VILLAGE
B CHINAKURALI HOBLI,
Location: HIGH PANDAVAPURA TALUK
COURT OF MANDYA - 571 434.
KARNATAKA
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
T.P. SUB. CHAMARAJAPURA,
NEAR BALLAL CIRCLE,
MYSURU - 570 023.
...RESPONDENTS
(BY SRI.KRISHNA KISHORE, ADVOCATE FOR R2,
VIDE ORDER DATED 7.08.2025, NOTICE TO R1 D/W)
-2-
NC: 2026:KHC:12031
MFA No. 5227 of 2024
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.10.2022 PASSED IN MVC
NO.1427/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
Heard the arguments on both sides.
2. This appeal is filed against the judgment and award
dated 28.10.2022 passed by the Court of Senior Civil Judge and
MACT at Pandavapura (henceforth referred to as 'Tribunal') in
MVC No.1427/2020.
3. The injured claimant, who is aged 40 years met
with an accident on 05.06.2020 and filed claim petition claiming
compensation of Rs.10,50,000/-. The Tribunal after considering
the entire evidence on record granted an amount of
Rs.5,61,000/- with interest at the rate of 6% per annum from
date of petition till realization.
NC: 2026:KHC:12031
HC-KAR
4. Aggrieved by the said judgment and award of the
Tribunal, the appellant/claimant has preferred an appeal and
mainly contended that the compensation awarded under the
other heads are meager. The petitioner was working as a
private school teacher and was doing cattle farming milk supply
as per Ex.P10. She was earning Rs.18,000/- per month. She
sustained fracture of both bones of left leg operated with blades
and the doctor assessed the disability as 36% to the whole
body but the Trial court considered disability only 15%. Hence,
he requested for enhancement of compensation.
5. The learned counsel of the respondent submits that
appellant/claimant sustained only one fracture and the Tribunal
rightly considered all the aspects and granted just and
reasonable compensation.
6. Though, the appellant/claimant has stated that she
was earning Rs.18,000/- per month, she has not produced any
income proof. As the accident occurred in the year 2020, her
national income is to be taken as Rs.14,500/- per month as per
the chart prepared by the Karnataka State Legal Services
NC: 2026:KHC:12031
HC-KAR
Authority. As per Ex.P12, the appellant/claimant was aged 40
years and the multiplier is '15'.
7. As per Ex.P7-wound certificate, the
appellant/claimant sustained the following injuries:
The petitioner sustained
1) abrasion on forehead,
2) lacerated wound over lower lip,
3) tenderness and painful range of
movement of left knee in lateral condyle
over left tibia and
4) abrasion our left elbow.
Out of the said injuries, the first and four are simple in
nature and the second and third are grievous.
8. As per Ex.P8 - discharge summary, she underwent
surgery for the fracture of the left tibial condyle with plates and
screws. The Doctor, PW.2 assessed the disability as 36% to
the whole body. But the Tribunal considering the other factors,
assessed the disability as 15% to the whole body and the same
is confirmed. Therefore, the loss of future earning capacity
NC: 2026:KHC:12031
HC-KAR
9. The Tribunal has awarded an amount of
Rs.14,000/- towards medical expenses, as per the relevant
documents and the same is confirmed. The appellant/claimant
was hospitalized for a period of 6 days. Considering the nature
of injuries sustained and period of hospitalization, this Court
finds that the claimant might not have attended any other work
at least for a period of 3 months. Therefore, for three months,
the compensation under the head of 'loss of income during laid
up period' comes to Rs.43,500/- (Rs.14,500 x 3 months).
10. Further, this Court finds it reasonable to award
Rs.50,000/- under the head 'pain and suffering', Rs.25,000/-
under the head 'loss of amenities' and Rs.37,000/- under the
head 'transportation, food, nourishment and attendant
charges'.
11. The learned counsel of the appellant stated that the
Doctor suggested the appellant/claimant requires another
surgery, which is estimated the cost of the surgery as
Rs.50,000/- but the Tribunal granted Rs.20,000/-. Therefore,
this court finds it reasonable to grant Rs.25,000/- under the
head of 'future medical expenses'.
NC: 2026:KHC:12031
HC-KAR
12. Thus, in all, the claimant is entitled for the following
compensation:
SL.NO. PARTICULARS AMOUNT
(IN.RS.)
1. Pain and suffering 50,000
2. Loss of amenities 25,000
3. Transportation, Attendant, 37,000
food and nourishment
charges
4. Medical Expenses 14,000
5. Future medical expenses 25,000
6. Loss of future earning 3,91,500
capacity
7. Loss of income during laid up 43,500
period
Total 5,86,000/-
13. The Tribunal has awarded the compensation of
Rs.5,61,000/- but the appellant/claimant is entitled to
total compensation of Rs.5,86,000/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.25,000/- (Rs.5,86,000- Rs.5,61,000).
14. Accordingly, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
NC: 2026:KHC:12031
HC-KAR
ii. The judgment and award dated 28.10.2022
passed by the Court of Senior Civil Judge and
MACT at Pandavapura in MVC No.1427/2020
is modified.
iii. Respondent No.2/Insurance Company has
already deposited the awarded amount before
the Tribunal. Therefore, respondent
No.2/Insurance Company is directed to
deposit the enhanced compensation of
Rs.25,000/- along with the interest at the
rate of 6% within one month from the date of
this order.
iv. On such deposit, the appellant/claimant is
permitted to withdraw the entire amount
along with interest accrued on it.
v. On such deposit, the appellant/claimant is
permitted to withdraw the entire amount.
Sd/-
(P SREE SUDHA)
JUDGE
SMC
List No.: 1 Sl No.: 73
