IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9574 OF 2025 (MV-I)

BETWEEN:

SMT. SHABEENA, W/O SHAIK ABDUL KARIM, AGED ABOUT 44 YEARS, RESIDING AT NO.51/3, NEAR SAI BABA SCHOOL, ROOPENA AGRAHARA, BENGALURU SOUTH, BENGALURU - 560 068.

…APPELLANT (BY SRI. GURUDEVA PRASAD K T., ADVOCATE)

AND:

1. M/S TATA AIG GEN. INS. CO. LTD., BY ITS REGIONAL MANAGER, NO.69, 2ND FLOOR, Digitally signed by JP AND DEVI JABMUKESHWAR ARCADE, PADMASHREE SHEKHAR DESAI MILLER ROAD, BENGALURU - 560 052.

Location: High Court of Karnataka

2. ADYAR ANANDA BHAVAN SWEETS INDIA PVT LTD., BY ITS PROPRIETOR, R/AT NO.313, BHARATHIYAR ROAD, NEW SIDDHAPUDUR GANDHIPURAM COIMBATORE, TAMILNADU - 641 044.

…RESPONDENTS (BY SRI. HALASHETTI JAGADISH SIDRAMAPPA., ADV FOR R1;

VIDE ORDER DATED 07.01.2026 NOTICE TO R2 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 12.08.2025 PASSED IN MVC NO. 4637/2023 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT-12, BENGALURU (SCCH-12), 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 MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.08.2025 passed in MVC No.4637/2023 on the file of the XI Additional Small Causes Judge and ACJM, Member, MACT-12, Bengaluru, for enhancing the compensation.

2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

3. The petitioner/injured claimant met with an accident on 29.06.2023 and filed petition before the Tribunal for compensation of Rs.18,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.49,144/-. The Tribunal has also deducted 10% contributory negligence on the part of petitioner. Accordingly, a sum of Rs.44,230/- is awarded by the Tribunal with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed.

4. It is stated that immediately after the accident, the petitioner/injured was shifted to Oxford Hospital, where she was treated for multiple abrasions, laceration over the upper lip and abrasion over the right knee, and the injuries are simple in nature, the Tribunal granted meagre amounts under the other heads. The petitioner/injured was aged 42 years and she was working as a tailor, earning Rs.20,000/- per month. But the Tribunal wrongly taken her monthly income at Rs.16,000/-. The Tribunal also erred in fixing 10% contributory negligence on the petitioner/injured. At the time of the accident, she was riding her motorcycle carefully. The car proceeding ahead of her suddenly stopped in the middle of the road without giving any signal or indication. Due to the sudden and negligent act of the car driver, the accident occurred. Therefore, the accident had occurred only due to the negligence of the driver of the car and there was no contributory negligence on the part of the petitioner. The petitioner requested for enhancement of the compensation along with interest at the rate of 12% per annum.

5. Though the petitioner/injured claimant contended that she was working as a tailor and earning Rs.20,000/- per month, she has not filed any income proof. As the accident occurred in the year 2023, her notional income is to be taken at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 42 years and the applicable multiplier is ‘14’. The petitioner has not examined the doctor. As per the discharge summary produced at Ex.P.9,