- 1 - NC: 2025:KHC:12929 MFA No. 2057 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2057 OF 2014 (MV-I) BETWEEN: NATIONAL INSURANCE CO. LTD., CHIGATERI MERCANTILE BUILDING CHAMRAJPET, DAVANAGERE-577 001 NOW REPRESENTED BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE SUBHARAM COMPLEX, 144 M.G.ROAD BANGALORE-560 001 …APPELLANT (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE) AND: 1. PUTTARAJU S/O GOVINDAPPA AGED ABOUT 45 YEARS PROP:SAHANA CELLULARS NEHRU ROAD DURGIGUDI MAIN ROAD OPP:PARIMALA COFFEE WORKS SHIMOGA-577 201 2. K.M.THOTAPPA S/O MAHADEVAPPA AGED ABOUT 35 YEARS DRIVER OF 709 VAN R/O KUNNALU, KADUR TALUK CHIKMAGALUR DISTRICT-577 548 3. M.K.GURUSWAMY S/O M.KOTRAPPA NOW AGED ABOUT 43 YEARS OWNER OF 709 VAN R/O MARIKUNTA VILLAGE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12929 MFA No. 2057 of 2014 JAGALUR TALUK-577 528 …RESPONDENTS (BY SRI. PRUTHVI WODEYAR, ADVOCATE FOR R1 SRI.K.S.GANESH, ADVOCATE FOR R2 & R3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:9.1.2014 PASSED IN MVC NO.373/2006 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, CHIKMAGALUR, AWARDING A COMPENSATION OF RS.4,11,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT The present appeal is filed aggrieved by the judgment and award passed in M.V.C.No.373/2006 dated 09.01.2014 by the I Addl. District Judge and Motor Accident Claims Tribunal, Chikmagalur. The Insurance Company is before this Court questioning the quantum of compensation that is granted to the claimant. 2. It is the specific case of the claimant that on 25.11.2005 at about 10:30 a.m., when the claimant was proceeding in a Maruthi car from Horanadu to Shimoga, a driver of mini lorry drove it in a rash and negligent manner and dashed to the claimant’s car and sustained grievous injuries and he was immediately shifted to Hospital for first aid treatment and thereafter shifted to KMC Hospital, Manipal - 3 - NC: 2025:KHC:12929 MFA No. 2057 of 2014 where he was treated as inpatient. Considering the income of the claimant at Rs.5000/-, the Tribunal had granted compensation of an amount of Rs.4,11,000/- as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of income towards disability : Rs. 1,35,000/- 2. Medical expenses : Rs. 1,96,000/- 3. Loss of amenities : Rs. 30,000/- 4. Pain and suffering : Rs. 20,000/- 5. Food and nutrition : Rs. 10,000/- 6. Loss of income during laid up period : Rs. 10,000/- 7. Conveyance : Rs. 10,000/- TOTAL : Rs. 4,11,000/- 3. Learned counsel appearing for the Insurance Company submits that the accident had taken place in the year 2005 and the income is taken at Rs.5000/- without their being any evidence on record. It is submitted that the compensation that is granted by the tribunal under the head of loss of income, basing on that Rs.5000/- is on the higher side. 4. Learned counsel appearing for the respondent/claimant submits that the tribunal had granted just and reasonable compensation. - 4 - NC: 2025:KHC:12929 MFA No. 2057 of 2014 4. Having heard the learned counsels on either side perused the material on record. The accident is of the year 2005 and the tribunal had taken an Rs.5000/- as income. Considering the date of accident, this Court is inclined to take the income at Rs.4000/-, under the head of loss of future income this court is granting an amount of is Rs.72,000/- (4000×12×15×10/100= Rs.72,000/-). As far as the other heads are concerned, the tribunal had reasonably granted the compensation and this court finds no reason to interfere. 5. 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 income towards disability/ future income Rs. 1,35,000/- 72,000/- 2. Medical expenses Rs. 1,96,000/- 1,96,000/- 3. Loss of amenities Rs. 30,000/- 30,000/- 4. Pain and suffering Rs. 20,000/- 20,000/- 5. Food and nutrition Rs. 10,000/- 10,000/- 6. Loss of income during laid up period Rs. 10,000/- 10,000/- 7. Conveyance Rs. 10,000/- 10,000/- TOTAL Rs. 4,11,000/- 3,48,000/- - 5 - NC: 2025:KHC:12929 MFA No. 2057 of 2014 i) Accordingly, the appeal filed by the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.4,11,000/- to Rs.3,48,000/-. ii) The amount deposited by the Insurance company shall be forthwith transferred to the Tribunal. iii) 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. iv) No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 6