- 1 - NC: 2025:KHC:15410 MFA No. 6892 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6892 OF 2018 (MV-I) BETWEEN: MANJUNATHA. K. E. @ MANJUNATHA @ MANJU K., S/O ESHWARAIAH, R/AT NO.125, THIGADARAPALYA, MAIN ROAD, KARIHOBANAHALLI, NEAR SIDDARHA SCHOOL, NAGASANDRA POST, BENGALURU NORTH PRESENT R/O HUNAVINADU VILLAGE, HOSADURGA TALUK CHITRADURGA DISTRICT-577 527 …APPELLANT (BY SMT.KEERTHI REDDY, ADVOCATE FOR SRI. SPOORTHY HEGDE N., ADVOCATE) AND: 1. M/S. NATIONAL INSURANCE CO. LTD., BY ITS BRANCH MANAGER, P.O NO.94, 1ST FLOOR, B.M.COMPLEX, LAKSHMI BAJAR, CHITRADURGA-577 501 2. NISAR H.V., S/O VAHID SAB, OWNER OF MURCHANT BUS NO.KA-14-A-3433, CHAMARAJA PETE, HOSADURGA TOWN, CHITRADURGA-577 527 …RESPONDENTS (BY SMT.BHARATHI M., ADVOCATE FOR SRI.VENKATESH R BHAGATH, ADVOCATE FOR R1 V/O/D 6/8/2019 NOTICE TO R2 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.06.2018 PASSED IN MVC NO.176/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15410 MFA No. 6892 of 2018 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 Aggrieved by the order passed in M.V.C.No.176/2018 dated 25.06.2018 by the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, the appellant/claimant is before this Court. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 26.08.2017 at about 6:30 p.m., when the claimant was going on the motor cycle as rider along with one pillion rider from Hosadurga Town towards his native village, when the motor cycle came near the garden land of Govindappa, at that time the driver of the Merchant Bus drove the same in a rash and negligent manner with high speed coming from opposite direction and dashed to the motor cycle in which the claimant was going. As a result, the claimant fell down on the road and sustained injuries. - 3 - NC: 2025:KHC:15410 MFA No. 6892 of 2018 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 25,000/- 2. Medical Expenses : Rs. 1,40,000/- 3. Nourishment, transportation and attendant charges : Rs. 15,000/- TOTAL : Rs. 1,80,000/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not granted reasonable compensation considering the injuries sustained by the claimant. 5. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had granted reasonable compensation and there are no grounds seeking interference of the well considered order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained CT brain Right temporal region SDH, Small Contusion - 4 - NC: 2025:KHC:15410 MFA No. 6892 of 2018 with SAH and liver laceration treated conservative. Hence, this Court is granting an amount of Rs.60,000/- towards pain and suffering. The Tribunal had rightly granted an amount of Rs.1,40,000/- towards medical expenses and an amount of Rs.15,000/- towards nourishment, transportation and attendant charges and no interference is called for. Coming to the loss of income during the laid up period, as this is an accident of the year 2017, this Court is taking the income at Rs.11,000/- and an amount of Rs.33,000/- (Rs.11,000x3) is granted towards loss of income during the laid up period. 7. 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. 8. 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. Pain and sufferings : Rs. 25,000/- 60,000/- 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:15410 MFA No. 6892 of 2018 2. Medical Expenses : Rs. 1,40,000/- 1,40,000/- 3. Nourishment, transportation and attendant charges : Rs. 15,000/- 15,000/- 4. Loss of income during the laid up period : Rs. 00/- 33,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,80,000/- 2,58,000/- Enhancement : Rs. 78,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.2,58,000/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.1,80,000/- to Rs.2,58,000/-. 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 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 - 6 - NC: 2025:KHC:15410 MFA No. 6892 of 2018 withdraw the entire amount without furnishing any security. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 4