Authority: High Court of Karnataka, Bengaluru

Order Date: 15 July 2026

Case Overview

  • Appellant: Smt. Suma, 33, resident of Chikkaputtai Ahnaplya, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural.
  • Respondent: New India Insurance Co. Ltd., Harihara Branch.
  • Accident: Road traffic accident on 09 March 2016 involving bus KA-01-AD-3285, resulting in fracture of fibula and medial malleolus.
  • Original award (MVC No.86/2018, dated 14 Feb 2023) granted total compensation Rs2,24,359 with interest at 6% p.a. from petition date, broken down as:
  • Treatment, hospitalization, medicines – Rs42,687
  • Loss of future earnings (permanent disability) – Rs1,25,172
  • Nourishment, food, attendant charges – Rs10,000
  • Loss of earnings during laid‑up period – Rs9,500
  • Pain and suffering – Rs20,000
  • Future medical expenses – Rs5,000
  • Conveyance charges – Rs12,000
  • Appeal sought enhancement of compensation, arguing inadequate amounts for pain and suffering, loss of amenities, and loss of income during laid‑up period.

Court Findings

  • Recognized fractures and deemed original pain‑and‑suffering award of Rs20,000 insufficient; increased to Rs60,000.
  • Awarded loss of amenities of Rs40,000.
  • Adjusted loss of income during laid‑up period to Rs19,000 (two months at Rs9,500 per month).
  • Confirmed original amounts for medical expenses, food, attendant, conveyance, and future medical expenses as proper.
  • Revised total compensation calculated as Rs3,01,859.
  • Enhancement amount = Rs77,500 (Rs3,01,859 – Rs2,24,359) with interest at 6% p.a. from petition date.
  • Respondent ordered to deposit enhanced amount with interest within six weeks; failure to do so will attract interest at 9% p.a. from order date.

Final Outcome

  • Appeal allowed in part.
  • Respondent New India Insurance Co. Ltd. must pay enhanced compensation of Rs77,500 plus interest at 6% from petition date, and total compensation of Rs3,01,859.
  • Payment to be made within six weeks; interest at 9% p.a. applicable for delayed payment.
  • Appellant entitled to release of entire enhanced compensation.

Topics: Motor Accident Compensation, Insurance Liability