Smt. D .S Manimala v. M/S United India Ins. Co. Ltd.,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4537 OF 2026 (MV-I) BETWEEN:

SMT. D .S MANIMALA W/O KANTHARAJU, AGED ABOUT 50 YEARS, R/AT NO.7/1,1ST FLOOR, 2ND CROSS ABOVE KOTAK MAHINDRA BANK KAMARAJ COLONY, HOSUR TALUK KRISHNAGIRI DISTRICT TAMILNADU-635 109.

ALSO R/AT No.9, 1ST MAIN ROAD, 3RD CROSS, KITHAGANAHALLI BOMMASANDRA POST BENGALURU-560 099. …APPELLANT

(BY SRI. GURUDEVA PRASAD K T.,ADVOCATE)

AND:

¶1M/S. UNITED INDIA INS. CO. LTD., BY ITS MANGER, T.P. CLAIMS HUB, 5TH AND 6TH FLOOR KRUSHI BHAVAN, HUDSON CIRCL BENGALURU-560 002.

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:42684( MFA(No.(4537(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010416712026( ( (

2., MR.SHANKAR.R, AGED,ABOUT,35,YEARS, THR/AT,NO.2/5,,4 ,CROSS, MAGADI,ROAD, BENGALURU-560,023., …RESPONDENTS, , (BY,SRI.,VRUSHABHENDRIAH,H.,C,,ADVOCATE,FOR,R1, ,V/O,DTD.,30.06.2026,,NOTICE,TO,R2,IS,D/W), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED.17/03/2026,, PASSED,IN,MVC,NO.,9424/2024,,ON,THE,FILE,OF,THE,,MACT, AND,XV,ADDL.,,JUDGE,,COURT,OF,SMALL,CAUSES,,MAYO,HALL, UNIT,,BENGALURU.,,PARTLY,ALLOWING,THE,CLAIM,PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT, OF, COMPENSATION.,,,,,,, ,,, , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,SHIVASHANKAR,AMARANNAVAR, ( ORAL(JUDGMENT( (

¶1This, appeal, is, filed, by, the, claimant, seeking, enhancement,of,compensation,awarded,in,the,,judgment, and, award, dated, 17.03.2026, passed, in, MVC, No., 9424/2024, by, the, XV, Additional, Judge,, Court, of, Small, Causes,and,MACT,,Bengaluru,(SCCH-19).,

¶2Even though the appeal is listed for admission today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 1 – Insurer it is taken up for disposal.

¶3Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on

02.11.2024 due to the rash and negligent driving by the driver of car bearing registration No. KA-02-MD-7778. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Pain and suffering Rs.60,000.00 Medical expenses Rs.1,41,863.00 Transportation, Nourishment, conveyance and attendant charges Rs.4,500.00 Compensation on account of permanent disability Rs.1,28,700.00 Towards future medical expenses Rs.20,000.00 Loss of income during laid Rs.30,000.00

up period Towards loss of amenities of life Rs.30,000.00

Total Rs.4,15,063.00

¶4The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 1 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

¶5Heard learned counsel for appellant – claimant and learned counsel for respondent No. 1 – Insurer.

¶6Learned counsel for appellant would contend that claimant had sustained the following injuries: a) Open bite b) Sensitivity in upper teeth c) Pain during chewing and palpation d) Change in alignment of teeth

¶7P.W.3 is the Doctor and she has assessed the disability at 28% and the Tribunal has erred in taking the disability at 5%. The notional income fixed for the year 2024 as per the chart prepared by the Karnataka State Legal Services Authority is Rs.17,000/- but, the Tribunal has taken the notional income of the claimant at Rs.16,500/-. Compensation awarded towards `pain and suffering', `loss of amenities' and `future medical expenses' is on lower side. With this, he prayed to allow the appeal.

¶8Learned counsel for respondent No.1 – Insurer would contend that P.W.3 is not the treated Doctor. Disability stated by the Doctor has been rightly considered by the Tribunal and taken disability at 5%. Compensation awarded by the Tribunal under all heads is just and proper and there are no grounds for enhancement of the compensation.

¶9Having heard learned counsel for the parties, this Court has perused the judgment and award.

¶10The accident occurred on 02.11.2024 and as on the date of accident claimant was aged 48 years. P.W.3 - Doctor has examined the claimant and has assessed the disability of loss of tooth by the claimant at 15%, alveolar fracture of maxilla at 8% and pain during chewing at 5% and total disability at 28%. Claimant has lost her teeth and it has affected her chewing of food. Considering the said evidence of P.W.3 – Doctor disability is to be taken at 10% as against 5% taken by the Tribunal.

¶11The Tribunal has taken the notional income of the claimant at Rs.16,500/-. As per the chart prepared by the Karnataka State Legal Services Authority, notional income fixed for the year 2024 is Rs.17,000/- and the said notional income is to be taken. The Tribunal has rightly applied the multiplier 13 as the claimant was aged 48

years. Considering the above aspects loss of future income is calculated as under:

17,000 X 12 X 13 X 10% = Rs.2,65,200/-

¶12Considering the injuries noted supra, the Tribunal has rightly awarded compensation towards `pain and suffering' in a sum of Rs.60,000/- and `loss of amenities' in a sum of Rs.30,000/-. Claimant was admitted in the hospital for 03 days and the compensation awarded towards `attendant and conveyance charges' in a sum of Rs.4,500/- is just and proper. The Tribunal has rightly awarded medical expenses.

¶13Considering the injuries sustained and occupation of the claimant that she was a beautician, the claimant is entitled to compensation towards `loss of income during laid up period' in a sum of Rs.34,000/- (Rs.17,000 X 2 months) as against Rs.30,000/- as awarded by the Tribunal. The Tribunal has rightly awarded future medical expenses of Rs.20,000/-.

¶14In view of the above, claimant is entitled to total compensation under various heads as under:

Pain and suffering Rs.60,000.00 Medical expenses Rs.1,41,863.00 Transportation, Nourishment, conveyance and attendant charges Rs.4,500.00 Towards future medical expenses Rs.20,000.00 Loss of income during laid up period Rs.34,000.00 Towards loss of amenities of life Rs.30,000.00 Loss of future income Rs.2,65,200.00

Total Rs.5,55,563.00

¶15Considering the above, the claimant is entitled to total compensation of Rs.5,55,563/- as against Rs.4,15,063/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,40,500/- with interest at the rate of 6% p.a. from date of petition till realization. Respondent No.1 – Insurer is liable to pay the said compensation with interest.

¶16In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced

compensation of Rs.1,40,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 1 – Insurer shall deposit the

enhanced compensation with interest before the

Tribunal within six weeks from this day. d) Appellant - claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 1 Sl No.: 12 Ct.sm