SMT. MALLIKA vs M/S GANPACT INDIA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 7126 OF 2025
(MV-I)
BETWEEN:
SMT. MALLIKA
D/O GURUPRASANNA KARANAIKA
AGED ABOUT 30 YEARS,
R/O No. 1-6, DEVASTHANA BETTU
ULLOOR - 74
KUNDAPURA - 576 201.
…APPELLANT
(BY SRI NAGARAJA H R, ADVOCATE)
AND:
1. M/s. GANPACT INDIA
DLF IT PARK TOWER,
TH TH
17 AND 18 FLOOR
8 MAJOR, ARTERIAL ROAD
RAJARHAT NEW TOWN
KOLKATTA – 700 135.
2. ORIENTAL INSURANCE CO. LTD.,
BRANCH OFFICE: KUNDAPURA
ST
1 FLOOR, MASTHI TOWER
MASTHIKATTE, MAIN ROAD
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
KUNDAPURA TALUK – 576 201.
REP. BY ITS BRANCH OFFICER
…RESPONDENTS
(BY SMT. MALATHI T N, ADVOCATE FOR R2
V/O DTD. 23.09.2025 NOTICE TO R1 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:01.04.2025
PASSED IN MVC No.155/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant -claimant
seeking enhancement of compensation awarded in
judgment and award dated 01.04.2025 passed in MVC
No.155/2019 by Senior Civil Judge and Additional MACT,
Kundapura.
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
learned counsel for appellant and learned counsel for
respondent No.2.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 17.12.2017 due to rash
and negligent driving of driver of car bearing registration
No.WB-26/K-41781. The Tribunal after recording the
evidence of the parties, appreciating the evidence
assessed the compensation and awarded compensation
under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of income due to ----
disability
02. Loss of income during laid 20,000/-
up period
03. Towards pain and suffering 30,000/-
04. Towards medical expenses 48,202/-
05. Towards loss of amenities 1,20,000/-
06 Towards conveyance, diet 25,000/-
and attendants charges
Total 2,43,202/-
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
and directed respondent No.2 -insurer to deposit the
award amount with interest. The claimant seeking
enhancement of compensation has filed the present
appeal.
5. Heard learned counsel for the appellant and
learned counsel for respondent No.2 –insurer.
6. The accident occurred on 17.12.2017 and as on
the date of accident the claimant was aged 24 years
working in Mobile Pvt. Ltd. Even though the doctor –P.W.3
has stated the disability of the claimant due to the injuries
sustained. The Tribunal has not awarded future income
due to disability on the ground that the claimant continued
in the job and there is no deduction of pay. The said
finding of the Tribunal is just and proper.
7. The claimant has sustained the following
injuries:
i. Right accetabulam fracture
ii. LF superior and inferior pubic rami fracture
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
iii. Left sacro-illiac disruption
iv. Fracture of left transverse process of D3
vertebra
v. Fracture of transverse process of L3 and L4 abd
L7 bleeding
Considering the said injuries sustained, the
compensation awarded by the Tribunal towards pain and
Rs.
suffering in a sum of 30,000/- is enhanced to
Rs.1,50,000/-. The compensation awarded towards loss of
amenities in a sum of Rs.1,20,000/- is just and proper.
The Tribunal based on medical bills has rightly awarded
medical expenses of Rs.48,202/-. The claimant has been
admitted in the hospital for 43 days and therefore, entitled
to attendant, conveyance charges, food and nourishment
etc., in a sum of Rs.43,000/- (Rs.1,000/- x 43 days) as
against Rs.25,000/- as awarded by the Tribunal.
8. The claimant was working in On Mobile Global
Ltd. and her salary slip is at Ex.P28. The said salary slip is
of July -2018 and the accident occurred on 17.12.2017.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
The gross income as per the said salary slip is Rs.36,581/-
and net pay is Rs.34,293/-. Since the said salary slip is for
July -2018 for calculating loss of income during laid up
period, the pay for December or January requires to be
considered. Therefore, the monthly net pay of the claimant
is taken at Rs.30,000/- and daily income comes to
Rs.
1,000/-. The claimant has remained absent for her duty
for the period from 16.12.2017 to 21.06.2018 i.e., for 187
days and in that regard Ex.P9 has been produced and it is
issued by On Mobile Global Limited. Therefore, the
claimant is entitled to loss of income during laid up period
in a sum of Rs.1,87,000/- (Rs.1,000/- x 187 days) as
against Rs.20,000/- as awarded by the Tribunal.
9. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 1,50,000/-
02. Towards Medical Expenses 48,202/-
03. Towards attendant,
conveyance charges, food
and nourishment etc.,
43,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
04. Towards loss of amenities 1,20,000/-
05. Toward loss of income 1,87,000/-
during laid up period
Total 5,48,202/-
The claimant is entitled to total compensation of
Rs.
5,48,000/- as against Rs.2,43,202/- as awarded by the
Tribunal with interest. Consequently, the claimant is
Rs.
entitled to enhanced compensation of 3,05,000/- with
interest at the rate of 6% per annum from the date of
petition till realization. Respondent No.2 -insurer is liable
to pay the said enhanced compensation with interest.
10. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) The appellant -claimant is entitled to enhanced
compensation of Rs.3,05,000/- with interest at
the rate of 6% per annum from the date of
petition till realisation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58054
MFA No. 7126 of 2025
CNR: KAHC010627652025
iii) Respondent No.2 -insurer is liable to pay the
said enhanced compensation with interest
within a period of 06 weeks from this day.
iv) The appellant -claimant is entitled to release of
entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 0
Ct.sm