- 1 - NC: 2025:KHC:15415 MFA No. 615 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. 615 OF 2018 (MV-I) BETWEEN: NAGARAJ S/O. GUDALAPPA, AGED ABOUT 38 YEARS, BRICK FACTORY COOLIE WORKER, AND AGRICULTURIST, R/AT GARIMBEELU VILLAGE, SRIRAMPURA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 527. …APPELLANT (BY SRI. MANJUNATH N.D., ADVOCATE) AND: 1. SANTHOSH DATTATRAYA SURYAWANSHI AGED ABOUT 50 YEARS, OCCUPATION: K MOTOR GARAGE, R/AT AKOLO-NAKA, AT POST: SANGAMNER, SANGAMNER TALUK, DISTRICT:AHMEDNAGAR, MAHARASTRA STATE-414 001. (OWNER OF THE VEHICLE BEARING REG. NO.MH-17-T-9927 TATA 2515 TRUCK 10 WHEELS) 2. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, #289, A.M. ARCADE, 1ST FLOOR, C.J. HOSPITAL ROAD, DAVANAGERE-577 001. …RESPONDENTS (BY SMT.SUNANDA S. RATHOD, ADVOCATE FOR R2 Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15415 MFA No. 615 of 2018 V/O/D 06/12/2021, NOTICE TO R1 D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2017 PASSED IN MVC NO.1352/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, HOSADURGA, 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 There is no representation on behalf of both the parties. As this is an appeal of the year 2018, this Court is proceeding with the matter on the merits of it. 2. The present appeal is filed by the appellant/claimant aggrieved by the award passed in M.V.C.No.1352/2016 dated 30.12.2017 by the Senior Civil Judge and JMFC, Hosadurga seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.19,00,000/- for the injuries sustained by the claimant in the road traffic accident. 3. It is the specific case of the claimant that on 10.08.2016, when the claimant was riding the motor cycle near Lakshmi Narasimha Shastry’s garden land on Srirampura- - 3 - NC: 2025:KHC:15415 MFA No. 615 of 2018 Hosadurga Road at about 07:30 p.m., the driver of the lorry drove the said vehicle in a rash and negligent manner and applied sudden break without any signal or indication. Due to which the claimant’s motor cycle proceeding behind the lorry touched right back portion of the lorry. As a result, the claimant fell down and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Srirampura and then to District Hospital, Tumkur and then to NIMHANS, Bangalore and thereafter he took treatment at Aditya Orthopedic & Trauma Centre, Tumkur as an inpatient from 17.08.2016 to 30.08.2016, where he underwent surgery. 4. It is stated in the appeal that considering the two grievous injuries sustained by the claimant, the amount that is awarded towards pain and suffering is on the lower side. It is stated that this accident had taken place in the year 2016 and the trial Court ought to have taken the income at Rs.9,500/-. Further, under the head of loss of amenities and under all the heads, the amount that is granted is not just and reasonable. 5. The Trial Court had granted the compensation as per the table given below: - 4 - NC: 2025:KHC:15415 MFA No. 615 of 2018 Heads Compensation Awarded 1. Medical expenses and hospital charges : Rs. 1,41,000/- 2. Pain and suffering : Rs. 45,000/- 3. Loss of amenities and happiness and frustration of life : Rs. 35,000/- 4. Loss of earning during laid up period : Rs. 18,000/- 5. Loss of future earnings : Rs. 1,08,000/- 6. Conveyance, attendant, food, nourishment charges : Rs. 10,000/- TOTAL : Rs. 3,57,000/- 6. This Court has perused the entire material on record. The claimant had sustained two grievous injuries. Hence, this Court is granting an amount of Rs.60,000/- towards pain and suffering. When it comes to medical expenses, the trial Court had rightly granted the compensation basing on the evidence and no interference is called for. Considering the disability of 10%, the trial Court had rightly granted an amount of Rs.35,000/- towards loss of amenities and no enhancement is called for. Coming to the loss of earning during laid up period, as this is an accident of the year 2016, this Court is considering the income of the claimant at Rs.9,500/- per month and an amount of Rs.28,500/- (Rs.9,500x3) towards loss of earning - 5 - NC: 2025:KHC:15415 MFA No. 615 of 2018 during laid up period. Towards conveyance, attendant, food and nourishment charges, the trial Court had granted an amount of Rs.10,000/-. Considering the 15 days of hospitalization, this Court is granting an amount of Rs.15,000/- towards conveyance, attendant, food and nourishment charges. Coming to the loss of future earnings, this Court is granting an amount of Rs.1,71,000/- (Rs.9,500×12×15×10/100). 7. 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. 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Medical expenses and hospital charges : Rs. 1,41,000/- 1,41,000/- 2. Pain and suffering : Rs. 45,000/- 60,000/- 3. Loss of amenities and happiness and frustration of life : Rs. 35,000/- 35,000/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15415 MFA No. 615 of 2018 4. Loss of earning during laid up period : Rs. 18,000/- 28,500/- 5. Loss of future earnings : Rs. 1,08,000/- 1,71,000/- 6. Conveyance, attendant, food, nourishment charges : Rs. 10,000/- 15,000/- 7. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,57,000/- 4,60,500/- Enhancement : Rs. 1,03,500/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.4,60,500/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,57,000/- to Rs.4,60,500/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization ii. 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. iii. No costs. - 7 - NC: 2025:KHC:15415 MFA No. 615 of 2018 iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 9