Shivamma R Vs Bharathi

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1 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1204/2019 (MV-I)

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BETWEEN:

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SHIVAMMA .R W/O LATE MADAIAH AGED ABOUT 59 YEARS R/AT NO. 248 KANAKAGIRI SEWAGE FARM VIDHYARANYAPURA MYSURU. …APPELLANT

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Digitally signed by ARSHIFA BAHAR KHANAM (BY SRI. MAHAMMAD ASFAK, ADV., FOR Location: HIGH SRI. ABUBACKER SHAFI, ADV.,) COURT OF KARNATAKA

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AND:

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BHARATHI W/O LATE RAMASWAMY AGED ABOUT 54 YEARS R/AT NO. 1063/85 1ST MAIN, 6TH CROSS VIDHYARANYAURAM MYSURU (OWNER CUM DRIVER OF THE HYUNDAI SANTRO SILVER COLOUR CAR BEARING REG.NO.KA-05/MC2593).

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MUGUNJAN .G S/O GOVINDARAJU .M R/AT LNO.787, 2ND CROSS E & F BLOCK MANJUPATHA ROAD

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2 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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KUVEMPUNAGAR, MYSURU.

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THE UNITED INDIA INSURANCE COMPANY LTD., NO.1, DIVISION OFFICE-1 NO.1134, PRINCE OF WALES ROAD CHAMARAJAPURAM MYSURU.

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(WITH POLICE NO.0706003114P109060327 VALID FROM 24-01-2015 TO 23-01-2016).

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…RESPONDENTS

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(BY SRI. A.N. KRISHNASWAMY, ADV., FOR R3 SRI. K.N. MOHAN, ADV., FOR R1 V/O/DTD:19.02.2024, NOTICE TO R2 IS H/S)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.05.2018 PASSED IN MVC

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NO.1083/2015 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MYSURU AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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3 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 11.05.2018 passed in MVC.No.1083/2015 by the Judge, Additional Court of Small Causes and Senior Civil Judge and MACT, Mysuru, (for short, ‘Tribunal’).

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Though this appeal is listed for admission, with

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the consent of learned counsel for the parties, it is taken up for final disposal.

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Sri.Mahammad Asfak, learned counsel for Sri.Abubacker Shafi, learned counsel for the appellant submits that the Tribunal has committed grave error in not awarding any compensation under the head of loss of future income due to disability and the award of compensation by the Tribunal under the heads of pain and suffering, loss of amenities and future medical expenses is on the lower side and contrary to the oral and

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4 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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documentary evidence on record. Hence, he seeks to enhance the compensation appropriately by allowing the appeal.

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Sri.A.N.Krishnaswamy, learned counsel appearing for the respondent-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the appellant-injured was working as Ayah (D-Group) in JSS Hospital, Mysuru, and she continued with her employment even after the accident, hence, she is not entitled to any compensation under the head of loss of future income due to disability. It is further submitted that though the compensation under the head of pain and suffering and loss of amenities is on the lower side, the Tribunal has awarded interest at the rate of 9% per annum, which would compensate the appellant appropriately. Hence, he seeks to dismiss the appeal.

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5 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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I have heard the arguments of the learned

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counsel appearing on both the sides and meticulously perused the material available on record.

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The appellant-injured as well as respondentInsurance Company are not in dispute that on 14.03.2015, the appellant met with a road accident and sustained fracture of left distal tibia and fibula and underwent surgery on 16.03.2015 and implants were inserted on the left leg. The appellant-claimant has asserted that she was out of employment from 14.03.2015 to 03.07.2015 and she was working as a Ward Ayah in JSS Hospital, Mysuru. Considering the nature of injuries suffered and keeping in mind the fact that after the accidental injuries and the alleged disability, the appellant continued with her employment with the same employer, hence, I am of the considered view that the Tribunal is fully justified in declining to award any compensation under the head of loss of future income due to disability.

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6 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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Taking note of the nature of injuries suffered,

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treatment provided, surgery undergone and considering the oral evidence of PW2 Doctor, I am of the view that the compensation under the heads of pain and suffering, loss of amenities awarded by the Tribunal is on the lower side and award of compensation of Rs.7,500/- towards the medical expenses and nourishment is also on the lower side, hence, instead of awarding a small quantum of compensation under the aforesaid heads, I am of the considered view that the ends of justice would be met if additional compensation of Rs.65,000/- is awarded to the appellant-injured in addition to what has been awarded by the Tribunal. Accordingly, an additional compensation of Rs.65,000/- is awarded to the appellant-claimant.

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In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. The additional compensation amount of Rs.65,000/- shall carry interest at the rate of 6% per annum from the date of petition till the date of payment

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7 - NC: 2026:KHC:19553 M.F.A. No.1204/2019

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HC-KAR

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excluding the interest for the delayed period of 180 days

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as per the order dated 12.12.2023.

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The respondent Nos.1 and 3 shall deposit the additional compensation along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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On such deposit, the additional compensation amount along with accrued interest shall be released in favour of the appellant-claimant.

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Registry shall draw modified award accordingly.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR List No.: 2 Sl No.: 8

Shivamma R v. Bharathi

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Shivamma R v. Bharathi

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