- 1 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3517 OF 2021 (MV-I) BETWEEN: DHARMEGOWDA S/O SUBBEGOWDA AGED ABOUT 40 YEARS AS HE IS UNSOUND REP BY HIS MOTHER NATURAL GUARDIAN LAKSHMAMMA W/O SUBBEGOWDA AGED ABOUT 65 YEARS BAGEPALLI TOWN CHIKKABALLAPURA DISTRICT - 562 101 NOW R/O HIREHALLIKOPALU VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT - 573 211 …APPELLANT (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: 1. SWAMYGOWDA S/O LATE NINGEGOWDA SENAVINAKUPPE VILLAGE DIDDAMAGGE HOBLI ARAKALAGUDU TALUK - 573 102 2. THE MANAGER SRI RAMA GENERAL INSURACNE CO. LTD., INDUSTRIAL AREA SITAPURA JAYAPURA DISTRICT RAJASTHAN STATE – 302 022 REP BY THE MANAGER SRI RAMA GENERAL INSURANCE CO. LTD., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 NO.5, 3RD FLOOR, INFANTRY ROAD BANGALORE - 560 001 …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R2 V/O/D 22/8/2023- NOTICE TO R1 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2019 PASSED IN MVC NO.1246/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, 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 MVC.No.1246/2012 dated 10.07.2019 by the Senior Civil Judge and JMFC, Holenarasipura, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The facts of the case are that on 27.10.2011 at about 2:15 p.m., when the claimant was proceeding by walk, near Hirehalli gate, the driver of the Cruzer vehicle drove the same in a rash and negligent manner with high speed from Holenarasipura side and dashed to the claimant. Due to which, the claimant sustained grievous injuries to his head. After the accident, he was shifted to Holenarasipura Government Hospital, where he was provided first aid treatment. Later, the - 3 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 claimant was shifted to Vikram Jeev Hospital at Mysuru for further treatment. 3. The claimant had filed the claim petition seeking compensation for the injuries sustained by him in the accident. The Trial Court had awarded the compensation as per the table given below: Heads Compensation Awarded 1. Pain, shock and agony : Rs. 40,000/- 2. Medical Expenses : Rs. 90,007/- 3. Food, diet, nourishment, conveyance and other incidental expenses : Rs. 25,000/- 4. Loss of income during treatment period : Rs. 24,000/- 5. Disappointment and discomfort and loss of amenities : Rs. 10,000/- 6. Loss of future income on account of permanent disability : Rs. 6,91,200/- TOTAL : Rs. 8,80,207/- 4. When this matter came up on the last occasion, this Court had heard the learned counsel for respondent No.2/Insurance Company and there was no representation on behalf of the appellant/claimant. Hence, the matter was - 4 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 directed to be listed under the caption‘part-heard’.Today also, there is no representation on behalf of the appellant. Hence, this Court is proceeding with the matter on the merits of it. 5. Considering the fact that the claimant had sustained 5 injuries, this Court is granting an amount of Rs.1,00,000/- under the head of pain and suffering. Coming to the medical expenses,the Trial Court had rightly considered and granted an amount of Rs.90,007/- and no interference is called for. The claimant was inhospital for 57 days and this Courtis granting an amount of Rs.60,000/-under the head of food, diet, nourishment, conveyance and other incidental expenses. Coming to the loss of income during treatment period,as this accident had taken place in the year 2011, this Court is taking the income of the claimant at Rs.6,500/-. For 6 months, this Court is granting an amount of Rs.39,000/-towards loss of income during treatment period. Coming to the head of loss of future income, considering the disability is at 90%, taking the income at Rs.6,500/- and 40% future prospects would come to an amount of Rs.2,600/-, the income will come to an amount of Rs.9,100/- (Rs.6,500+Rs.2,600). Then loss of future income on account of permanent disability will - 5 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 come to an amount of Rs.15,72,480/- (Rs.9100x12x16x90/100).Considering the disability of 90%,towards of loss of amenities, this Court is granting an amount of Rs.60,000/-. Towards future medical expenses, no amount was granted by the Trial Court, hence, this Court is granting an amount of Rs.50,000/-. 6. In the light of the law laid down by the Hon’ble Supreme Court in the case ofV. Mekala Vs. M. Malathi And Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Trial Court Compensation Awarded by this Court 1. Pain, shock and agony : Rs. 40,000/- 1,00,000/- 2. Medical Expenses : Rs. 90,007/- 90,007/- 3. Food, diet, nourishment, conveyance and other incidental expenses : Rs. 25,000/- 60,000/- 4. Loss of income during treatment : Rs. 24,000/- 39,000/- 1(2014) 11 SCC 178 - 6 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 period 5. Disappointment and discomfort and loss of amenities : Rs. 10,000/- 60,000/- 6. Loss of future income on account of permanent disability : Rs. 6,91,200/- 15,72,480/- 7. Future medical expenses : Rs. 00/- 50,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 8,80,207/- 19,81,487/- 8. Altogether the claimant is entitled for compensation of an amount of Rs.19,81,487/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.8,80,207/-toRs.19,81,487/-. i) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. ii) The respondent No.2 -Insurance Company shall deposit the compensation amount with accrued interest before the Trial Courtwithin a period of eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. - 7 - NC: 2025:KHC:17425 MFA No. 3517 of 2021 iii) The apportionment of the amount shall be as per the order passed by the Trial Court. iv) The Registry is directed to return the Trial Court Record to the Trial Court along with the certified copy of the order passed by this court forthwith without any delay. v) No Costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 1