S K Yashika Vs G N Ranganatha

G.N. RANGANATHA S/O NANJUNDAPPA, AGE 48 YEARS, OWNER OF MOTORCYCLE BEARING NO. KA-16/EE-0950, R/O KARIYAMMANAHATTY VILLAGE, BHARAMASAGARA HOBLI, CHITRADURGA TALUK – 577 519.

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THE BRANCH MANAGER, UNITED INDIAN INSURANCE LTD.,

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HC-KAR

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DIVISIONAL OFFICE, DAVANAGERE – 577 002.

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…RESPONDENTS

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(SRI. RAVISH BENNI, ADVOCATE FOR R2 (VK NOT FILED);

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V/O DT: 19.01.2026 NOTICE TO R1 D/W)

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MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 12.03.2025 PASSED IN MVC NO.163/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, 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 MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal is filed against the judgment and award dated 12.03.2025 passed in MVC No.163/2022 by I Addl. Senior Civil Judge & JMFC and MACT at Chitradurga, (for short 'the

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HC-KAR

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Tribunal' ) wherein the claimant has filed claim petition claiming enhancement of compensation.

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For the sake of convenience, the parties shall be

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referred to as per their ranking and status before the Tribunal.

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Heard the arguments of learned counsel for both the

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parties and perused the materials on record.

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Brief facts of the case are as under:

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The appellant/ petitioner / claimant met with an accident on 04.08.2017, while she was standing near left side of the road to cross road to go to her uncle’s house, at that time the rider of the motorcycle bearing No.KA-16/EE-0950 came in a high speed with rash and negligent manner and dashed against her, due to which she sustained grievous injuries. After attaining the age of majority, she herself has filed claim application seeking compensation of Rs.5,00,000/- along with interest from the date of accident till the date of realization, for the injuries sustained by her in the said accident. The Tribunal considering the oral and documentary evidence on record has granted an amount of

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HC-KAR

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Rs.3,89,726/- with interest at the rate of 6% per annum from

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the date of petition till the date of its realization.

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Aggrieved by the said order, the appellant has preferred this appeal contending that she spent huge amount for medical expenses, she was inpatient for a period of 16 days. It is stated that the income taken as Rs.11,000/- per month which is on lower side. The doctor assessed the disability as 96%, but the Tribunal has taken only 11% and thus requested for enhancement of the compensation.

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As she met with an accident in the year 2017, the Tribunal has considered her notional income to be taken as Rs.11,000/-, she was aged 12 years at the time of accident. Therefore multiplier of 15 was taken for the purpose of calculation. She was examined by the doctor, he stated that she sustained grevious injuries as per Ex. P5 – Wound Certificate. He also stated that she had pain in the left thigh and left leg, she

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was limping on left leg, she could not walk for long distance, difficult to squat, sit cross legged and to climb steps and there was weekness in left lower limb and opined that it is partial and permanent disability to the extent of 36% with respect to

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HC-KAR

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affected left lower limb as per Ex.P17 – Disability Certificate. She has incurred Rs.1,22,126/- so loss of future income comes to 11,000/- x 12 x 15 x 12% = Rs.2,37,600/- as per medical documents and the said amount is confirmed. She was hospitalized for a period of 10 days as per the discharge summary.

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Considering the nature of injuries, period of

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hospitalization and relevant facts, this court finds it reasonable to award compensation is as follows:

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Loss of future income (11,000/- x 12 x 15 x 12%)	Rs.2,37,600/-
Medical bill	Rs.1,22,136/-
Loss of pain and sufferings	Rs.50,000/-
Loss of amenities	Rs.30,000/-
Loss of transport, extra nourishment and attendant charges	Rs.30,000/-
Loss of income for the parents during the treatment period	Rs.22,000/-
Total	Rs.4,91,736/-

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HC-KAR

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Parents of the petitioner might have taken care of the petitioner for a period of 2 months as she sustained a grevious injuries and also there is shortening of left thigh by 2 cms. when compared with right thigh. So the notional income is to be taken as Rs.11,000/- and Rs.22,000/- to be granted under the loss of income for the parents during the treatment period. Compensation amount is enhanced to Rs.4,91,736/-. The total compensation is enhanced from Rs.3,89,726/- to Rs.4,91,736/-.

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Accordingly, I pass the following:

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ORDER

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The appeal is partly allowed .

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The judgment and award dated 12.03.2025 passed in MVC No.163/2022 by I Addl. Senior Civil Judge & JMFC and MACT at Chitradurga is modified.

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The appellant is awarded a total compensation of Rs.4,91,736/- as against the compensation awarded by the Tribunal at Rs.3,89,726/- Therefore, The appellant is entitled for an enhanced compensation of Rs.1,02,010/- along with interest at 6% p.a., from the date of filing the petition, till its realization.

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So Insurance Company already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of

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