- 1 - NC: 2025:KHC:16095 MFA No. 266 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 266 OF 2018 (MV-I) BETWEEN: SMT. SUDHA, W/O. SRI. VENKATABACHAYURU @ G. ACHARYA, AGED ABOUT 59 YEARS, R/AT NO.56, GOVINDAREDDY LAYOUT, ARAKERE MICO LAYOUT, BANNERUGHATTA MAIN ROAD, BANGALORE. …APPELLANT (BY SRI. ANIL KUMAR .M, ADVOCATE) AND: 1. THE DIVISIONAL MANAGER KSRTC DIVISION, SHANTHI NAGAR, DOUBLE ROAD, BANGALORE-560 027. 2. THE REGIONAL MANAGER M/S. BHARTI AXA GEN. INS. CO. LTD., PRIDE QUADRA NO.30, 3RD FLOOR, BELLARY ROAD, HEBBAL, BANGALORE-560 098. 3. M/S. GOPI ASSOCIATES ALLURDUDDANA HALLI, KUNDANA HOBLI, DEVANAHALLI. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; M.K. NAGARAJ, ADVOCATE FOR R1; Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:16095 MFA No. 266 of 2018 V/O/D 27.02.2023 NOTICE TO R3 IS D/W) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.08.2016 PASSED IN MVC NO.2854/2013 ON THE FILE OF THE VII ADDITIONAL JUDGE & XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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.2854/2013 dated 30.08.2016 by the VII Addl. Judge and XXXII ACMM, Court of Small Causes, Bengaluru, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.8,00,000/- for the injuries sustained by the claimant in the accident. 2. It is the case of the claimant that on 12.02.2013 at about 4.45 am., the claimant was proceeding in the KSRTC bus on NH-7 By-pass road, Chikkaballapur Taluk, when the bus reached near Chickkahalli Cross, the said bus driver drove the vehicle at a high speed in a rash and negligent manner without observing traffic rules and regulations and dashed against the - 3 - NC: 2025:KHC:16095 MFA No. 266 of 2018 Cement Tanker which was parked negligently and without showing any indication. Due to the negligence of bus driver and the cement tanker accident took place. As a result, the claimant sustained grievous injuries all over the body. Immediately, she was shifted to Jeevan Hospital, Chikkaballapura and then she was shifted to Hosmat Hospital, Bengaluru, wherein she was treated as inpatient. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 30,000/- 2. Loss of income during laid up period : Rs. 14,000/- 3. Medical bills : Rs. 1,36,210/- 4. Loss of future earning : Rs. 73,920/- 5. Loss of amenities, conveyance, food and nourishment, attendant charges etc. : Rs. 15,000/- 6. Future medication : Rs. 15,000/- TOTAL : Rs. 2,84,130/- - 4 - NC: 2025:KHC:16095 MFA No. 266 of 2018 4. Altogether the Tribunal had granted compensation of an amount of Rs.2,84,130/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. 5. Learned counsel appearing for the claimant submits that for the injuries sustained by the claimant in the accident, the amount that is granted under the head of pain and sufferings is on the lower side. It is further submitted that the Tribunal had considered the income only at an amount of Rs.7,000/- per month which is on the lower side. The doctor had assessed the disability to the whole body at 13%, but the Tribunal had taken the disability at 8% which is on the lower side and the compensation granted under the other heads also is not just and reasonable. 6. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted just and reasonable compensation and there are no grounds seeking interference with the well considered order passed by the Tribunal. - 5 - NC: 2025:KHC:16095 MFA No. 266 of 2018 7. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained fracture humerus middle 1/3rd left with radial nerve palsy. Considering the same, this Court is granting an amount of Rs.50,000/- towards pain and suffering. Coming to the loss of income during the laid up period, as this accident occurred in the year 2013, this Court is taking the income of the claimant at an amount of Rs.8,000/- per month. Hence, towards loss of income during laid up period, this Court is granting an amount of Rs.24,000/-. Towards the medical expenses, the Tribunal had rightly granted an amount of Rs.1,36,210/- and no interference is called for. As per the evidence of the doctor, the claimant had sustained 13% disability to the whole body, the Tribunal had taken the disability at 8%. Hence, this Court taking the disability at 13% and towards loss of future income granting an amount of Rs.1,37,280/- (Rs.8,000x12x11X13/100). As the claimant was in the hospital for two days, this Court is granting an amount of Rs.5,000/- towards conveyance, food and nourishment expenses. Towards loss of amenities, considering the disability, this Court is granting an amount of - 6 - NC: 2025:KHC:16095 MFA No. 266 of 2018 Rs.30,000/-. Towards future medical expenses, this Court is granting an amount of Rs.20,000/-. 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 the Tribunal Compensa tion Awarded by this Court 1. Pain and sufferings : Rs. 30,000/- 50,000/- 2. Loss of income during laid up period : Rs. 14,000/- 24,000/- 3. Medical bills : Rs. 1,36,210/- 1,36,210/- 4. Loss of future earning (8,000x12x11X13/100) : Rs. 73,920/- 1,37,280/- 5. Loss of amenities, conveyance, food and nourishment, attendant charges etc. : Rs. 15,000/- 35,000/- 6. Future medication : Rs. 15,000/- 20,000/- 7. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 2,84,130/- 4,12,490/- Enhancement : Rs. 1,28,360/- 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:16095 MFA No. 266 of 2018 10. Altogether, the claimant is entitled for compensation of an amount of Rs.4,12,490/-. 11. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.2,84,130/- to Rs.4,12,490/-. 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. 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. - 8 - NC: 2025:KHC:16095 MFA No. 266 of 2018 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 53