Smt. Sarojamma v. M/S United India Insurance Co. Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3149 OF 2026 (MV-I) BETWEEN:

SMT. SAROJAMMA W/O SUBBARAYAPPA, AGED ABOUT 68 YEARS, RESIDING AT: #76, NAGALA MADIKE, TUMKUR - 572 136. …APPELLANT (BY SRI. GURUDEVA PRASAD K.T., ADVOCATE) AND:

¶1M/S. UNITED INDIA INSURANCE CO. LTD BY ITS MANAGER, REGIONAL OFFICE, 5TH AND 6TH FLOOR, KRISHI BHAAN, HUDSON CIRCLE, BENGALURU - 560 001.

¶2KAMALA GOVINDARAJAN C/O V.GOVINDARAJAN, AGED ABOUT 35 YEARS, R/AT 1/12, SARJAPURA ROAD, ANEKAL, BENGALURU - 560 070. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. A.M.VENKATESH, ADVOCATE FOR R1; VIDE ORDER DATED 02.06.2026, NOTICE TO R2 IS DISPENSED WITH)

Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2025 PASSED IN MVC NO.6396/2024 ON THE FILE OF THE X ADDITIONAL SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT BENGALURU, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated

09.10.2025 passed in MVC No.6396/2024 by X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-16).

¶2Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.1/insurer, the matter is taken up for disposal.

¶3The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by her in a road traffic accident occurred on 30.06.2024 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-51-ME-2636.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation and awarded compensation under various heads as under: Sl. No. Particulars

Amount

¶1Loss of future income Rs. -Nil-

¶2Medical expenses Rs. 69,506/-

¶3Pain and sufferings Rs. 40,000/-

¶4Attendant charges Rs. 5,000/-

¶5Food and nourishment Rs. 4,000/-

¶6Conveyance expenses Rs. 5,000/-

¶7Loss of income during treatment period Rs. -Nil-

¶8Loss of amenities Rs. 30,000/-

¶9Future medical expenses Rs. -Nil-

Total Rs. 1,53,506/-

¶5The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.1/insurer to pay the compensation awarded with interest. The claimant has filed present appeal seeking enhancement of compensation.

¶6Heard the learned counsel for appellant and learned counsel for respondent No.1/insurer.

¶7Learned counsel for appellant would contend that, the claimant has sustained undisplaced fracture of spinal disk and she was admitted in hospital for five (05) days and considering the same, she is entitled to loss of income during laid up period for three (03) months taking notional income at Rs.17,000/- per month. With these, he prayed to allow the appeal.

¶8Learned counsel for respondent No.1/insuer would contend that, the compensation awarded on all heads is just and proper and there are not grounds for

enhancement. With these, he prayed for dismissal of the appeal.

¶9Having heard the learned counsel for the appellant and learned counsel for respondent No.1/insurer, the Court has perused the Judgment and Award.

¶10Considering injury sustained by claimant and as she was admitted in hospital for five (05) days, she has to be awarded loss of income during laid up period.

¶11Considering the said aspect, the claimant is entitled to enhanced global compensation of Rs.40,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

¶12Respondent No.1/insurer is liable to pay enhanced compensation amount with interest.

¶13In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced global compensation of Rs.40,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.1/insurer shall deposit the enhanced global compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant/claimant is entitled to release of entire enhanced global compensation with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 2 Sl No.: 6