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Karnataka High Court
Anjitha vs Chandrappa H T on 20 January, 2026
-1-
NC: 2026:KHC:3140
MFA No. 6211 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 6211/2024 (MV-I)
BETWEEN:
ANJITHA
D/O ANANDA,
AGED ABOUT 26 YEARS,
WORKING AT BPO RURAL SOURCES,
BETTAMAKKI, THIRTHAHALLI
R/AT KARADIKODU,
HONNETHALA POST,
AGUMBE HOBLI,
THIRTHAHALLI TALUK,
SHIVAMOGGA DISTRICT-577 411
...APPELLANT
(BY SRI. ASHWATH C.M., ADVOCATE)
AND:
Digitally signed 1. CHANDRAPPA H T
by
PADMASHREE S/O GOVINDA,
SHEKHAR DESAI AGED ABOUT 38 YEARS,
Location: High R/AT KARADIKODU,
Court Of HONNETHALA POST,
Karnatka
AGUMBE HOBLI,
THIRTHAHALLI TALUK,
SHIVAMOGGA DISTRICT-577 411
(OWNER CUM DRIVER OF MOTOR BIKE
BEARING REG. NO. KA-14-EP-2040).
2. THE BRANCH MANAGER
ORIENTAL INSURANCE CO. LTD.
NEAR KOPPA CIRCLE,
-2-
NC: 2026:KHC:3140
MFA No. 6211 of 2024
HC-KAR
THIRTHAHALLI BRANCH,
THIRTHAHALLI,
SHIVAMOGGA DISTRICT - 577 432
(INSURER OF MOTOR BIKE
BEARING REG. NO. KA-14-EP-2040)
(POLICY NO. 473190/31/2019/1839)
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2,
R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.07.2024 PASSED IN MVC
NO. 819/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, ADDITIONAL M.A.C.T.-14, THIRTHAHALLI,
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
This appeal is filed against the judgment and award dated
16.07.2024 passed by the Senior Civil Judge and JMFC,
Thirthahalli, in MVC No.819 of 2019.
2. Injured claimant aged 21 years working as a BPO,
Rural Sources, met with an accident on 15.12.2018 and filed a
claim petition claiming compensation of Rs.20 lakhs with
interest. The Tribunal considering the impairment on record
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HC-KAR
granted an amount of Rs.2,63,109/- with interest at the rate of
9% per annum.
3. Aggrieved by the said order, this appeal is preferred
by the appellant-claimant in which it is mainly contended that
she took treatment as an inpatient for a period of 12 days, and
she was admitted in hospital for 9 times between 04.02.2019
to 08.03.2021. She travelled 160 kilometres from her residence
for review and follow up treatment. The Tribunal granted
meagre amounts under the conventional heads and thus,
requested for enhancement of the compensation.
4. Learned counsel for respondent-insurance company
stated that the petitioner was working as BPO and getting a
salary of Rs.12,000/- per month, but she has not examined the
author of the document. As such, the Tribunal has rightly
taken her income as Rs.10,000/- per month and it needs no
interference.
5. Heard the arguments of learned counsel for both
sides.
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6. Though the petitioner herself has stated that she was
earning Rs.12,000/- per month, she has not filed the proof of
income. Therefore, as she met with an accident in the year
2018, her notional income is to be taken as Rs.12,500/- per
month as per the chart prepared by Karnataka State Legal
Services Authority. She was aged 21 years at the time of
accident and the multiplier is to be taken as 18.
7. Exhibit P7 is the wound certificate and P8 is the
discharge summary. As per the wound certificate at Exhibit P.7,
the petitioner has sustained the following injuries:
"1. Surgically sutured wound with
intact sutures measuring 15 cm in
length, was present over front and
outer aspect of right leg and foot,
starting at a point 4 cm below right
knee.
2. Right forearm swelling present.
Bony crepitus deformity present. No
neurovascular deficit.
3. Avulsed laceration, over an area of
9X4X muscle deep present over back of
right hand, staring at a point, 3 cm
below right wrist."
8. The aforementioned injuries are grievous in nature.
P.W.2-doctor has observed that as per X-ray examination,
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there is union of fracture and assessed 8% disability to her
right lower limb. The Tribunal has taken 4% disability and this
Court finds no reason to interfere with the said disability. So,
the loss of future earning capacity comes to Rs.1,08,000/-
(12,500x12x18x4%). She was admitted in the hospital for 19
days as per the discharge summary. Considering the nature of
injuries, period of hospitalisation and the other relevant factors,
this Court finds it reasonable to grant an amount of
Rs.25,000/- for loss of amenities and Rs.30,000/- for
transportation, extra nourishment and attendant charges. The
petitioner might not have attended to any other work at least
for a period of 3 months. Therefore, Rs.37,500/- (12,500 x 3)
is granted towards loss of income during the laid up period.
The Tribunal has granted Rs.80,000/- towards pain and
suffering and it is confirmed. As per the relevant documents,
the Tribunal granted Rs.47,709/- towards medical expenses
and it needs no interference.
9. Thus, in all, the claimant is entitled for the
compensation of Rs.3,28,209/- with interest at 6% per annum
as against Rs.2,63,109/- awarded by the Tribunal.
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10. The award of compensation passed by the Tribunal
is modified as under:
Heads Amount in Rs.
1. Loss of future income 1,08,000/-
2. Medical expenses 47,709/-
3. Pain and Suffering 80,000/-
4. Loss of amenities 25,000/-
5. Transportation, extra 30,000/-
nourishment and attendant charges
6. Loss of earning during the laid up 37,500/-
period
Total 3,28,209/-
11. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The claimant is entitled for the total compensation
of Rs.3,28,209/- with interest at 6% per annum from the date
of petition till the date of realization.
(iii) The respondent insurance company has already
deposited the award amount before the Tribunal, and therefore,
they are directed to deposit the enhanced amount of
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HC-KAR
Rs.65,100/- with interest at 6% per annum within one month
from the date of this order.
(iv) On such deposit, the claimant is permitted to
withdraw the entire amount along with the interest accrued on
it.
Sd/-
(P SREE SUDHA)
JUDGE
CS
CT:NR
List No.: 1 Sl No.: 93
