- 1 - NC: 2025:KHC:16094 MFA No. 7513 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.7513 OF 2018(MV-I) BETWEEN: SRI. LOHITH M.K., S/O. LATE KUSHALAPPA, AGED ABOUT 31 YEARS, R/O. MADAPATNA VILLAGE, BAICHALLI POST, KUSHALNAGAR, SOMWARPET TALUK-571 236. …APPELLANT (BY SRI. PADMANABHA KEDILAYA .V, ADVOCATE) AND: 1. THABASSUM, W/O. AARIF PASHA, AGED ABOUT 48 YEARS, R/O.NO.26, VILTA SANDRA, BANGALORE-560 068. 2. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, T.P. HUB, PRINCE OF WALES ROAD, BALLAL CIRCLE, CHAMARAJAPURA, MYSORE-570 005. …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.06.2018 PASSED IN MVC.NO.230/2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MACT, KODAGU, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16094 MFA No. 7513 of 2018 THIS APPEAL, COMING ON FOR FINAL HEARING, 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.230/2015 dated 11.06.2018 by the Principal District and Sessions Judge, and Motor Accident Claims Tribunal, Kodagu, Madikeri, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.13,66,000/- for the injuries sustained by the claimant in the accident. 2. It is the case of the claimant that on 05.09.2015 at about 11.30 p.m., the claimant and the driver of Car were proceeding towards Mysore from Kushalnagar and when their vehicle came at Hunsur-Mysore road, driver of the vehicle lost control over the same and dashed the road divider, near RMP factory, Chikkadiganahalli village of Hunsur Taluk. Due to which the claimant sustained fracture of right tibia, fracture of both bones of left leg. According to him, he was immediately shifted to hospital where the doctor has reduced his fracture by putting - 3 - NC: 2025:KHC:16094 MFA No. 7513 of 2018 implant. According to the claimant, he was working as a mechanic and earning an amount of Rs.600/- per day. 3. The Tribunal had considered the income of the claimant at an amount of Rs.8,000/- per month and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 40,000/- 2. Loss of income during period of treatment : Rs. 32,000/- 3. Medical and other expenses : Rs. 1,97,300/- 4. Loss of amenities : Rs. 8,000/- 5. Future loss of income : Rs. 1,63,200/- TOTAL : Rs. 4,40,500/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.4,40,500/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. 5. When this matter came up on the last occasion, this Court had heard the learned counsel appearing for the insurance company and there was no representation on behalf of the appellant. When the matter was directed to be listed - 4 - NC: 2025:KHC:16094 MFA No. 7513 of 2018 today as ‘part heard’, today also there is no representation on behalf of the appellant and this Court is proceeding to pass orders on merits of the matter. 6. Learned counsel appearing for respondent No.2/ 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. 7. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal had granted Rs.40,000/- towards pain and agony. Considering two grievous injuries sustained by the claimant, this Court is granting an amount of Rs.60,000/- towards pain and agony. Coming to the loss of income during the laid up period, the Tribunal had granted an amount of Rs.32,000/- and no interference is called for. Coming to the future loss of income, as this accident had taken place in the year 2015, this Court is taking the income of the claimant at Rs.9,000/- per month and as per the evidence of the doctor, the disability is 20%. Hence, towards future loss of income, this Court is granting an amount of Rs.3,67,200/- - 5 - NC: 2025:KHC:16094 MFA No. 7513 of 2018 (9,000x12x17X20/100). Towards loss of amenities, considering the disability, an amount of Rs.30,000/- is granted. This Court is granting an amount of Rs.10,000/- towards conveyance, food and nourishment expenses. 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 Compensat ion Awarded by this Court 1. Pain and suffering : Rs. 40,000/- 60,000/- 2. Loss of income during laid up period : Rs. 32,000/- 32,000/- 3. Medical and other expenses : Rs. 1,97,300/- 00/- 4. Loss of amenities : Rs. 8,000/- 30,000/- 5. Future loss of income (9,000x12x17X20/100) : Rs. 1,63,200/- 3,67,200/- 6. Conveyance, food and nourishment charges : Rs. 00/- 10,000/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:16094 MFA No. 7513 of 2018 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,40,500/- 5,09,200/- Enhancement : Rs. 68,700/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.5,09,200/-. 11. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.4,40,500/- to Rs.5,09,200/-. 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. 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. 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. - 7 - NC: 2025:KHC:16094 MFA No. 7513 of 2018 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 11