- 1 - NC: 2025:KHC:15846 MFA No. 6026 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6026 OF 2018 (MV-I) BETWEEN: G.S. ZAHARA JABEEN, W/O SAJIDULLA KHAN, AGED ABOUT 43 YEARS, R/AT 3RD CROSS, IDGA EXTENSION, TUMKUR - 572 101. …APPELLANT (BY SRI. JAVEED S, ADVOCATE FOR SRI. NAVEED AHMED, ADVOCATE) AND: 1. K.T. RAJASHEKHAR, AGED ABOUT 53 YEARS, REGD. OWNER OF PASSENGER BUS KA-42-9777, M/S. S.R.S TRAVELS, NO.321/3, T.S.P. ROAD KALASIPALYAM, BANGALORE - 560 002. 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., 1ST FLOOR, PRAJA PRAGATHI NEW PAPER BUILDING, B.H. ROAD, TUMKUR (BRANCH OFFICE). …RESPONDENTS (BY SRI. ANANDA K.S, ADVOCATE FOR R1; SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.09.2017 PASSED IN MVC NO.608/2015 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, AMACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15846 MFA No. 6026 of 2018 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C. No.608/2015 dated 13.09.2017, by the VI Additional District & Sessions Judge and Member, AMACT at Tumakuru, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that he had sustained grievous injuries and he was in hospital and as per the evidence of the doctor, he had sustained disability and the compensation that is awarded by the Tribunal is not a just and reasonable compensation. 3. Learned counsel appearing for the respondent - Insurance Company submits that the Tribunal had granted reasonable compensation and no interference is called for from this Court. 4. Having heard the learned counsels on either side, perused the material on record. Considering the two grievous injuries sustained by the claimant, this Court is granting an - 3 - NC: 2025:KHC:15846 MFA No. 6026 of 2018 amount of Rs.60,000/- towards 'pain and suffering'. Coming to the 'food and nourishment', as the claimant was in the hospital for 26 days, this Court is granting an amount of Rs.26,000/-. According to the doctor, claimant had sustained 30% disability to the limb and 20% to the whole body. Towards 'loss of amenities', this Court is granting an amount of Rs.35,000/-. Towards 'medical expenses' and 'loss of income during laid up period', the Tribunal had rightly granted the compensation as the disability had no impact on the claimant and he is working and no interference is called from this Court on the finding of the Tribunal. Towards 'future operation', no amount is granted. This Court is granting an amount of Rs.20,000/-. 5. 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 Rs.10,000/- towards legal expenses. 6. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 4 - NC: 2025:KHC:15846 MFA No. 6026 of 2018 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 50,000.00 60,000.00 2. Food, nourishment and attendant charges : Rs. 20,000.00 26,000.00 3. Loss of amenities : Rs. 25,000.00 35,000.00 4. Medical expenses : Rs. 2,07,000.00 2,07,000.00 5. Loss of income during laid up period : Rs. 2,30,080.00 2,30,080.00 6. Future operation : Rs. -- 20,000.00 5. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 5,32,080.00 5,88,080.00 Enhancement : Rs. 56,000.00 7. Altogether, the claimant is entitled for compensation of an amount of Rs.5,88,080/-. 8. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.5,32,080/- to Rs.5,88,080/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the award passed by the Tribunal. - 5 - NC: 2025:KHC:15846 MFA No. 6026 of 2018 iii) The respondent No.2-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 9 CT: BHK