SMT. SHUBHAM DUBEY vs THE PRINCIPAL
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 4871 OF 2026 (MV-I)
BETWEEN:
SMT.SHUBHAM DUBEY,
W/O. ANUGYA PATERIA,
AGED ABOUT 42 YEARS,
R/AT NO.502,
X WING, MANTRI SERENITY,
BLOCK 1, DODDALAKKALASANDRA,
BENGALURU - 560 062.
…APPELLANT
(BY SRI. SHRIPAD V. SHASTRY, ADVOCATE)
AND:
1. THE PRINCIPAL,
SRI KUMARAN CHILDREN'S ACADEMY,
NO.28/4, HOUSE LIST NO.140,
DODDAKALLASANDRA,
BENGALURU - 560 062.
2.
TATA AIG GEN. INS. CO. LTD.,
NO.69, III FLOOR,
JP AND DEVI JAMBUKESHWARA ARCADE,
MILLERS ROAD,
BENGALURU - 560 052.
BY ITS BRANCH MANAGER.
…RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2;
VIDE ORDER DATED 09.07.2026, NOTICE TO R1
IS DISPENSED WITH)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 04/12/2025 PASSED IN MVC
NO.4816/2024 ON THE FILE OF THE XIII ADDITONAL SMALL
CAUSES AND ACJM AND ADDITIONAL MACT, 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
This appeal is filed by the claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 04.12.2025 passed in MVC
No.4816/2024 by XIII Additional Small Causes Judge,
ACJM, Court of Small Causes and Member, MACT-15,
Bengaluru (SCCH-15).
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellant and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
by her in a road traffic accident occurred on 13.06.2024
contending that the accident occurred due to rash and
negligent driving by the driver of School bus bearing
registration No.KA-51-AJ-1468.
4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:
Sl.
No.
Particulars Amount
1. Pain, shock and suffering Rs. 30,000/-
2. Loss of amenities Rs. 20,000/-
3. Loss of income during the
laid up period
Rs. 49,500/-
4. Attendant's charges, Extra
diet and conveyance
Rs. 20,000/-
5. Medical expenses Rs. 8,605/-
6. Loss of future income Rs. 2,11,167/-
Total Rs. 3,39,272/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
realisation and directed respondent No.2/insurer to pay
the compensation awarded with interest. The claimant has
filed the present appeal seeking enhancement of
compensation.
6. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
7. The accident occurred on 13.06.2024 and as on
the date of accident, the claimant was aged forty (40)
years. Considering the said age of the claimant, the
Tribunal has rightly applied multiplier ‘15’. The notional
income fixed for the year 2024 is Rs.17,000/- and the said
income is to be taken as against Rs.16,500/- taken by the
Tribunal.
8. The claimant has sustained right knee patella
fracture. Considering the said injury sustained by the
claimant, the compensation awarded by the Tribunal
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
towards pain and sufferings in a sum of Rs.30,000/- is
enhanced to Rs.50,000/- and loss of amenities awarded in
a sum of Rs.20,000/- is enhanced to Rs.40,000/-.
9. The Tribunal has awarded loss of income during
laid up period for three (03) months taking the income at
Rs.16,500/-. Now the income taken is Rs.17,000/- per
month and therefore the claimant is entitled to loss of
income during laid up period in a sum of Rs.51,000/-
(Rs.17,000/- X 03 months).
10. The Tribunal has rightly awarded attended
charges, extra diet and conveyance in a sum of
Rs.20,000/- and medical expenses of Rs.8,605/-.
11. P.W.2 – Doctor has stated that the claimant has
sustained 21.33% disability to the right lower limb and
10.66% to the whole body. In cases of disability the lower
rd
limb, 1/3 of the same is to be taken as disability to the
whole body. Considering the said aspect, the Tribunal has
rightly taken the disability at 7.11%. In view of the same,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
loss of future income due to disability is calculated as
under:
Rs.17,000/- X 12 X 15 X 7.11% = Rs.2,17,566/-
12. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 50,000/-
2. Loss of amenities Rs. 40,000/-
3. Loss of income during laid
up period
Rs. 51,000/-
4. Medical expenses Rs. 8,605/-
5. Loss of future income due to
disability
Rs. 2,17,566/-
6. Attendant and conveyance
charges
Rs. 20,000/-
Rs. 3,87,171/-
13. The claimant is entitled to total compensation of
Rs.3,87,171/- as against Rs.3,39,272/- awarded by the
Tribunal with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
14. Consequently, the claimant is entitled to
enhanced compensation of Rs.47,899/- (Rs.3,87,171/- -
Rs.3,39,272/-) with interest at the rate of 6% per annum
from the date of petition till realisation.
15. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.
16. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.47,899/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation amount with
interest before the Tribunal within a period
of six weeks from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59507
MFA No. 4871 of 2026
CNR: KAHC010442702026
iv) The appellant/claimant is entitled to release
of entire enhanced compensation with
interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 83