Rathnamma v. Ramananda S

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4148 OF 2026 (MV-I) BETWEEN:

RATHNAMMA W/O REVANASIDDHA NOW AGED ABOUT 39 YEARS R/AT, BHEDSUR KALABURAGI KARNATAKA-585 322. …APPELLANT

(BY SRI N R RANGEGOWDA, ADVOCATE)

AND:

¶1RAMANANDA S S/O M.V. SRINIVAS MURTHY R/AT, WARD No.02 SOMESHWARA TEMPLE ROAD GANGADHARAPURA KARNATAKA-561 203.

¶2UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS MANAGER, 5TH AND 6TH FLOOR KRISHIN BHAVAN, NRUPATHUNGA ROAD BANGALORE-560 001. …RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2 V/O DTD. 18.06.2026, NOTICE TO R1 IS D/W)

Z

Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:12/02/2026 PASSED IN MVC No.691/2025 ON THE FILE OF THE COURT OF IX ADDL. SMALL CAUSES JUDGE AND ACJM, COURT OF SMALL CAUSES, 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 12.02.2026 passed in MVC No. 691/2025 by the IX Additional Small Causes Judge and Member MACT Bangalore (SCCH-7).

¶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. 2 – Insurer it is taken up for disposal.

¶3Appellant – claimant made a claim petition praying to award compensation for the injuries sustained

by her in a road traffic accident that occurred on

06.12.2024 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-50-EN-9635. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Sl. No. Compensation under different heads Amount in (Rs) Loss of future income due to disability 5,10,300-00 Pain and suffering, mental agony 1,00,000-00 Special diet and conveyance 80,000-00 Loss of amenities 1,00,000-00 Loss of income during laid up period 94,500-00 Actual Medical expenses 3,53,782-00 Future medical expenses 50,000-00

Total 12,88,582-00

¶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. 2 – 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. 2 – Insurer.

¶6The accident occurred on 06.12.2024 and as on the date of accident the appellant was aged about 32 years and her avocation was coolie. Learned counsel for appellant submits that he is seeking enhancement of compensation only under the head `loss of future income due to disability' by taking the notional income as per the chart prepared by the Karnataka State Legal Services Authority in a sum of Rs.17,000/- as against Rs.15,750/- taken by the Tribunal and he is not seeking enhancement under other heads.

¶7Learned counsel for respondent No. 2 - Insurer submits that the Tribunal has awarded compensation under other heads on higher side and considering the

same, the claimant is not entitled for enhancement under the head `loss of future income due to disability'.

¶8The Tribunal has taken the notional income of the claimant at Rs.15,750/- and no reasons are mentioned for taking the said income by the Tribunal. The notional income fixed by the Karnataka State Legal Services Authority for the year 2024 is Rs.17,000/- and the same is to be taken as against Rs.15,750/- taken by the Tribunal. The Tribunal has rightly applied multiplier of `15' and taken disability at 18%.

¶9In view of the above, `loss of future income due to disability' is calculated as under: 17,000 X 12 X 15 X 18% = Rs.5,50,800/-

¶10Considering the above aspects claimant is entitled to `loss of future income due to disability' in a sum of Rs.5,50,800/- as against Rs.5,10,300/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.40,500/- with interest at the

rate of 6% p.a. from the date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

¶11In 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.40,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 2 – 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.: 48 Ct.sm