- 1 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1628 OF 2022(MV-I) BETWEEN: SRI.MAHESH G.V., S/O. VARADHAIAH, AGED ABOUT 34 YEARS R/AT.NO.42, 3RD 2ND MAIN ROAD CROSS, SRIGANDADAKAVALU, MAGADI MAIN ROAD, KOTTIGEPALYA, BENGALURU-560 091. …APPELLANT (BY SRI. PRAMODA GOWDA T.P., ADVOCATE) AND: 1. THE MANAGER, M/S. SHRIRAM GENERAL INDIA INSURANCE CO. LTD. NO.5, 3RD FLOOR, MONACH CHAMBERS, INFANTRY ROAD, BENGALURU-560 001. 2. SHRI. RAJANNA K.N., S/O. NANJAPPA K.N., MAJOR, NO.83/5/8, 3RD CROSS, SRINIVASNAGAR, SUNKADAKATTE, VISHWANIDUM (P), BENGALURU-560 091. …RESPONDENTS (BY SRI. ANUP SEETHARAMA RAO, ADVOCATE FOR SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R1.) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2018 PASSED IN MVC NO.8343/2016 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-18, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.8343/2016 dated 01.06.2018 by the III Addl. Judge and Member, MACT, Court of Small Causes, Bengaluru, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 28.06.2016 at about 10.45 am., the claimant was a pillion rider of the motor cycle, when he reached near Okkaligara Sanga School, Nagarabhavi, Magadi Main Road, Bengaluru, at that time rider of the motor cycle rode his vehicle in a rash and negligent manner and jumped the humps and lost the control of the vehicle, due to which the claimant was thrown out and fell - 3 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 down and sustained grievous injuries on vital parts of the body. Immediately he was shifted to Lakshmi hospital, Bengaluru, wherein he took the treatment as inpatient by spending huge amount. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 60,000/- 2. Loss of income during laid period and rest period : Rs. 22,500/- 3. Medical expenses : Rs. 4,66,650/- 4. Loss of future income : Rs. 2,88,000/- 5. Loss of amenities : Rs. 15,000/- 6. Attendant, Nourishment and conveyance charges : Rs. 30,000/- TOTAL : Rs. 8,82,150/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.8,82,150/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. 5. Learned counsel appearing for the appellant/claimant submits that under the head of pain and suffering considering - 4 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 the injuries and the disability that is sustained by the claimant, the Tribunal had not granted a reasonable amount. Coming to the loss of income during the laid up period also, the accident occurred in the year 2016 and the Tribunal had taken the income at an amount of Rs.7,500/- per month. Further, when it comes to the loss of future income, it is submitted that the claimant had sustained disability at 69.25%, the Tribunal had taken the disability at 20% to the whole body and granted the compensation. It is submitted that the disability ought to have taken as a full body disability, but it cannot be considered as a limb disability and taking 20% is contrary to law. It is further submitted that he was in hospital for 126 days and the Tribunal has not granted reasonable compensation. Further, under the head of loss of amenities also, for disability of 69.25%, the Tribunal had not granted reasonable compensation. 6. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had granted reasonable compensation and there are no grounds seeking interference with the well considered order passed by the Tribunal. - 5 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 7. Having heard the learned counsels on either side, perused the entire material on record. In this case, the claimant had sustained injuries to the head and lapsed into loss of consciousness since then. He had sustained multiple abrasions over face, right shoulder and right wrist, cut lacerated wound over right eye brow, right eye swelling with black eye, degloving injury of right foot. He was admitted in the hospital as inpatient in ICU, CT brain shows severe traumatic brain injury, multiple hemorrhagic contusions in bilateral cerebral parenchyma, left basal ganglia and corpus callosum. Extra dural hematoma in right temporal region, diffuse axonal injury, multiple fractures involving the right maxillary sinus, right zygomatic arch, sphenoid wing,multiple facial bony injuries. He was managed in ICU with conservative treatment for traumatic brain injury which included antioedema medicine, anticonvulsant, antibiotics, antacids and intravenous fluids etc. He was an ventilator in ICU. In view of the long term ventilator support, tracheostomy was done on 01.09.2016 and developed lung infection and treated with appropriate antibiotics. He underwent wound debridement, ORIF of facial bone and K wiring on 29.08.2016 by plastic surgeon and orthopedic - 6 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 surgeon. He was there in hospital for 126 days. Considering all these, under the head of pain and suffering, this Court is granting an amount of Rs.90,000/-. As this accident had taken place in the year 2016 and he was there in hospital for 4 months and for next 3 months, for total period of 7 months, towards loss of income during the laid up period this Court is granting an amount of Rs.57,000/-. Coming to the disability, the doctor had deposed that as per the neurophysiological assessment which reveals impairment in inadequate memory, language problem, slurred speech and poor reasoning. He has IQ of 57 which in the range of moderately below average IQ. The disability is 69.25%, but the Tribunal had taken the disability at 20%. In the considered opinion of this Court, the disability should have been at 69.25% as a whole body disability. Coming to the income, as this Court had taken the income at 9,500/- per month, future prospects at 40% will come to Rs.3,800/-. Hence, under the head of loss of future income, this Court is granting an amount of Rs.17,68,368/- (13,300x12x16X69.25/100). As the claimant was in the hospital for 126 days, this Court is granting an amount of Rs.1,00,000/- towards conveyance, food and - 7 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 nourishment expenses. Towards loss of amenities, the Tribunal had granted an amount of Rs.15,000/-. Considering the disability of 69.25%, this Court is granting an amount of Rs.1,00,000/-. Towards future medical expenses, the Tribunal had already granted an amount of Rs.4,66,650/- and no interference is called for. 8. 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. 9. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensatio n Awarded by this Court 1. Pain and suffering : Rs. 60,000/- 90,000/- 2. Loss of income during laid period and rest period : Rs. 22,500/- 57,000/- 3. Medical expenses : Rs. 4,66,650/- 4,66,650/- 4. Loss of future income (13,300x12x16X69.25/ 100) : Rs. 2,88,000/- 17,68,368/- 5. Loss of amenities : Rs. 15,000/- 1,00,000/- 1 (2014) 11 SCC 178 - 8 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 6. Attendant, Nourishment and conveyance charges : Rs. 30,000/- 1,00,000/- 7. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 8,82,150/- 25,92,018/- Enhancement : Rs. 17,09,868/- 10. Altogether, the claimant is entitled for the compensation of an amount of Rs.25,92,018/-. 11. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.8,82,150/- to Rs.25,92,018/-. The Insurance Company is liable to pay the compensation. 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 order passed by the Tribunal. iii. Respondent *No.1 - 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. *Corrected vide chamber order dated: 25/06/2025. - 9 - NC: 2025:KHC:16093 MFA No. 1628 of 2022 iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. On 17.04.2025, the delay of 539 days is condoned by this court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delay period. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 31