- 1 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4218 OF 2023(MV-I) BETWEEN: K. MOHAMMED BURHAN, S/O. MOHAMMED SHARIFF, AGED ABOUT 28 YEARS, R/AT NEAR KEB, BALARAMNAGAR, MALPE, KODAVOOR VILLAGE, UDUPI TALUK AND DISTRICT-576101. …APPELLANT (BY SRI. GANESHA R., ADVOCATE) AND: 1. THRIVENI, D/O. BHOJA KARKERA, AGED ABOUT 24 YEARS, H.NO.3-3G 6 SHRIRAM KOLA, KODAVOOR VILLAGE, MALPE, UDUPI TALUK AND DISTRICT 576101. 2. THE DIVISIONAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD, 4TH FLOOR, LIGHT HOUSE, HILL ROAD, OPP. KMC COLLEGE, MANGALORE, DAKSHINA KANNADA 574142. …RESPONDENTS (V/O/D 22.04.2022 NOTICE TO R1 IS D/W; BY SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.01.2023 PASSED IN MVC. NO.387/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, CJM, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 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.387/2020 dated 30.01.2023 by the Principal Senior Civil Judge and Addl. MACT, Udupi, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.14,15,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 03.06.2019 at about 4.00 pm., he was a rider in a motorcycle in a slow and careful manner from Lakshmindranagar towards Malpe and when he reached near Kodavoor Junction, at that time a motorcycle riden by its rider in a rash and negligent manner and high speed from Moodubettu towards Kodavoor side and moved to the extreme side of his motor cycle and dashed. As a result, the claimant fell down on the road and sustained grievous injuries. After the accident he was shifted to Kasturba Hospital, Manipal. He was inpatient there for three days and - 3 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 after discharge again admitted to Dr. TMA Pai hospital, Udupi, there he was an inpatient for three days and spent an amount of Rs.1,00,000/- for medical expenses. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 20,000/- 2. Loss of future earning capacity due to disability : Rs. 2,24,400/- 3. Medical expenses : Rs. 12,682/- 4. Future medical expenses : Rs. 40,000/- 5. Conveyance charges, Food, nourishment, attendant charges : Rs. 15,000/- 6. Loss of amenities and unhappiness : Rs. 15,000/- 7. Loss of income during laying period of inpatient in 6 days : Rs. 2,200/- TOTAL : Rs. 3,29,282/- Rounded off to Rs.3,30,000/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.3,30,000/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. - 4 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 5. Learned counsel appearing for the appellant/claimant submits that the compensation that is awarded by the Tribunal is not just and reasonable and needs to be enhanced. 6. Learned counsel appearing for respondent No.1/ 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. In this case, the claimant had sustained fracture of lower tibia and segmental fracture of fibula in the left leg. Considering the two grievous injuries, under the head of pain and suffering, this Court is granting an amount of Rs.60,000/-. Towards medical expenses, the Tribunal had granted an amount of Rs.12,682/- and this Court is not interfering with the same. Towards the future medical expenses the Tribunal had granted an amount of Rs.40,000/- and no interference is called for. Towards conveyance, food, nourishment and attendant charges also, the Tribunal had granted an amount of Rs.15,000/- and no - 5 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 interference is called for. When it comes to loss of future income, the Tribunal had taken the notional income of the claimant at an amount of Rs.11,000/- per month. Considering the fact that this accident had occurred in the year 2019, this Court is taking the income at an amount of Rs.14,000/- per month, the Tribunal had rightly taken the disability at 10%. Hence, under the head of loss of future income, this Court is granting an amount of Rs.2,85,600/- (14,000x12x17X 10/100). Towards loss of amenities, considering the disability at 10%, this Court is granting an amount of Rs.30,000/-. Coming to the loss of income during the laid up period, for 3 months this Court is granting an amount of Rs.42,000/- (14000X3). 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: 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 SL. No. Heads Compensation Awarded by the Tribunal Compensat ion Awarded by this Court 1. Pain and suffering : Rs. 20,000/- 60,000/- 2. Loss of future earning capacity due to disability : Rs. 2,24,400/- 2,85,600/- 3. Medical expenses : Rs. 12,682/- 12,682/- 4. Future medical expenses : Rs. 40,000/- 40,000/- 5. Conveyance charges, Food, nourishment, attendant charges : Rs. 15,000/- 15,000/- 6. Loss of amenities and unhappiness : Rs. 15,000/- 30,000/- 7. Loss of income during laying period of inpatient in 6 days : Rs. 2,200/- 42,000/- 8. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 3,29,282/- Rounded off to Rs.3,30,000/- 4,95,282/- 10. Altogether, the claimant is entitled for the compensation of an amount of Rs.4,95,282/-. 11. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of - 7 - NC: 2025:KHC:17862 MFA No. 4218 of 2023 Rs.3,30,000/- to Rs.4,95,282/-. 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. 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. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 54