- 1 - NC: 2025:KHC:13433 MFA No. 2804 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2804 OF 2014 (MV-I) BETWEEN: S.SURYANARAYANA BHAT S/O.LATE SRI.RAMAKRISHNA BHAT, AGED 62 YEARS, TEACHER, R/O GANDHINAGR, CHIKMAGALUR CITY -577 101 …APPELLANT (BY SRI. K.RAVISHANKAR, ADVOCATE) AND: 1. VASU @ GOPALA S/O SRI KORAGAPPA PUJARI, AGED 41 YEARS, DRIVER R/O NIDUVANE, SHANTHIPRA, YELEMADLU VILLAGE, KOPPA TALUK 2. B.S.GOPALA @ GOPALAGOWDA S/O SRI.SUBBEGOWDA, AGED ABOUT 49 YEARS, BUSINESSMAN, R/O BELAGOLA, NARASIPURA VILLAGE, B.G.KATTE, KOPPA TALUK 3. M/S NATIONAL INS.COMPANY LTD., 2ND FLOOR, YASHORAM CHAMBERS, RATHNAGIRI ROAD, CHIKMAGALUR CITY-577 101 4. M/S UNITED INDIA INS. CO. LTD., P.B.NO.114, CRESENT COURT, ABOVE BANK OF INDIA, K.M.ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13433 MFA No. 2804 of 2014 CHIKMAGALUR …RESPONDENTS (BY SRI.E.I.SANMATHI, ADVOCATE FOR R3 V/O/D 16/01/2015- NOTICE TO R1, R2 & R4 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.12.2013 PASSED IN MVC NO.717/2010 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MACT, CHIKMAGALUR, PARTLY ALLOWING THE 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 Aggrieved by the award passed in M.V.C.No.717/2010 dated 06.12.2013 by the II Addl. District Judge and Motor Accidents Claims Tribunal, Chickmagalur, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident. As far as the liabilities is concerned, there is no dispute. In this appeal, claimant is - 3 - NC: 2025:KHC:13433 MFA No. 2804 of 2014 seeking enhancement of the compensation. As per the wound certificate the claimant had sustained fracture of right femur, tibial plateau and lacerated wound over right lower lip and left eyebrow. According to him, the claimant was working as a teacher and earning Rs.30,374/- per month and he was inpatient for 20 days. 3. Basing on the evidence, the tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and suffering Rs. 35,000/- 2. Medical expenses, special diet, attendant charges and conveyance Rs. 1,31,000/- 3. Future unhappiness and loss of amenities Rs. 25,000/- 4. Loss of income during laid up period Rs. 1,50,000/- 5. Future medical expenses Rs. 15,000/- 6. Damages to vehicle Rs. 15,000/- TOTAL Rs. 3,71,000/- 4. Learned counsel appearing for the claimant submits that the compensation that is granted by the tribunal is on the lower side and the same needs to be enhanced. - 4 - NC: 2025:KHC:13433 MFA No. 2804 of 2014 5. The learned counsel appearing for the respondent/ Insurance Company submits that the tribunal has rightly granted the compensation and there are no grounds to interfere with the same. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the one grievous injury, under the head of pain and suffering this Court is granting an amount of Rs.40,000/-. As per the evidence towards medical expenses this court is granting an amount of Rs.1,16,200/-. Considering the fact that he was in hospital for 20 days, towards transportation and attendance charges this court is granting an amounts of Rs.20,000/-. Towards amenities, loss of income during laid up period and damages to the vehicle the Tribunal had rightly granted the compensation and no interference is called for. Coming to the future medical expenses, considering that he has to undergo another operation this Court is granting an amount of Rs.20,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA Vs. M. MALATHI - 5 - NC: 2025:KHC:13433 MFA No. 2804 of 2014 AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether the claimant is entitled for an amount of Rs.3,96,200/-. 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering Rs. 35,000/- 40,000/- 2. Medical expenses, special diet, attendant charges and conveyance Rs. 1,31,000/- 1,16,200/- 3. Transportation and attendant charges Rs. 00/- 20,000/- 4. Future unhappiness and loss of amenities Rs. 25,000/- 25,000/- 4. Loss of income during laid up period Rs. 1,50,000/- 1,50,000/- 5. Future medical expenses Rs. 15,000/- 20,000/- 6. Damages to vehicle Rs. 15,000/- 15,000/- 7. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 3,71,000/- 3,96,200/- Enhanced Compensation Rs. 25,200/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:13433 MFA No. 2804 of 2014 from an amount of Rs.3,71,000/- to Rs. 3,96,200/-. 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 compensation amount with accrued interest eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. 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.: 10