- 1 - NC: 2025:KHC:11682 MFA No. 794 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 794 OF 2014 (MV-I) BETWEEN: ANIL BABU DEVINENI S/O SHIVARAJ DEVINENI AGED ABOUT 30 YEARS NO.102, ARYAN BASIL GUDDADAHALLI V. NAGENAHALLI MAIN ROAD BANGALORE -560 026 …APPELLANT (BY SRI.K.SHANTHARAJ, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LIMITED NO.3, 1ST FLOOR, NORTH WING MANANDI PLAZA ST. MARKS ROAD BANGALORE -560 001 2. SRI.PRAVEEN S.N., SON OF NANJE GOWDA NO.52, SUHAS NILAYA MUNISONNEGOWDA LAYOUT THANISANDRA, NEAR WATER TANK ARABIC COLLEGE POST BANGALORE- 560 035 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R1 R2- SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.08.2013 PASSED IN MVC NO.1797/2012 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11682 MFA No. 794 of 2014 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present appeal is filed aggrieved by the judgment and award passed in M.V.C.No.1797/2012 dated 20.08.2013 by the XII Additional Small Causes Judge and Member, MACT, Bangalore, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the accident. It is the case of the claimant that he had sustained fracture of right tibia and some fracture of right ankle medial malleous and laceration wound over the right leg and as per the evidence of the doctor the disability is 10% to the whole body. The Court had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1 Loss of amenities Rs. 20,000/- 2 Food attendant Rs. 15,000/- - 3 - NC: 2025:KHC:11682 MFA No. 794 of 2014 charges and conveyance 3 Pain and Suffering Rs. 40,000/- 4 Loss of income during the laid up period Rs. 1,30,632/- 5 Future Medical Expenses Rs. 35,000/- TOTAL Rs. 2,40,632/- 3. Learned counsel appearing for the appellant/claimant submits that when he had sustained three fractures, under the head of pain and suffering, when there is disability of 10% the amount that is granted by the Court towards loss of amenities is on the lower side. Further the court had not granted any amount towards the future loss of earning considering the disability. 4. Learned counsel appearing for the insurance company submits that court has rightly considered the injuries and granted the compensation. It is submitted that though he has sustained 10% disability there is no evidence to show that it had an impact on his future earning in that case he is not entitled for any amount towards loss of future earning. It is - 4 - NC: 2025:KHC:11682 MFA No. 794 of 2014 submitted that compensation that is granted is just and reasonable compensation. 5. Having heard the learned counsels on either side, perused the material on record. As per the evidence of the doctor he had sustained 10% disability to the whole body. He is working as a team leader in Capgemini, what is the impact on his future earning because of this disability is not forthcoming. In that view of the matter this Court is of the view that the trial court has rightly not granted the amount towards loss of future earning considering the said disability. Coming to the loss of amenities considering the injury and the disability this court is inclined to grant an amount of Rs.40,000/-. Then coming to the pain and suffering considering the fractures this court is inclined to grant an amount of Rs.60,000/-. On the other counts the trial Court had rightly granted the compensation and there are no grounds to interfere. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA Vs. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:11682 MFA No. 794 of 2014 Rs.10,000/- towards Legal Expenses. Altogether, the claimant is entitled for an amount Rs.2,90,632/-. 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1 Loss of amenities Rs. 20,000/- 40,000/- 2 Food attendant charges and conveyance Rs. 15,000/- 15,000/- 3 Pain and Suffering Rs. 40,000/- 60,000/- 4 Loss of income during the laid up period Rs. 1,30,632/- 1,30,632/- 5 Future Medical Expenses Rs. 35,000/- 35,000/- 6 Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 2,40,632/- 2,90,632/- Enhancement Rs. 50,000/- i) Accordingly, the appeal filed by the claimant is partly allowed enhancing the compensation from an amount of Rs.2,40,632/- to Rs.2,90,632/-. - 6 - NC: 2025:KHC:11682 MFA No. 794 of 2014 ii) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. iii) Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. iv) The registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. v) No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 13