- 1 - NC: 2025:KHC:14623 MFA No. 7350 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7350 OF 2013 (MV-I) BETWEEN: SRI. G.R. DHARMAPPA, S/O REVAIAH, AGED 37 YEARS, R/A GONISOMANAHALLI VILLAGE & POST, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 121. …APPELLANT (BY SRI. A.R. LAKSHMI NARAYAN, ADVOCATE FOR SRI. SADASHIVAIAH K.G, ADVOCATE) AND: 1. DR. M.S. BALAMANI, S/O BEGURAIAH, AGED ABOUT 30 YEARS, R/A NO.28, 1ST MAIN ROAD, 15TH CROSS ROAD, DEAL HOME TOWN, RAJARAJESHWARI NAGAR, BANGALORE - 560 098, (KA-41 M-677) VEHICLE OWNER. 2. TATA AIG INSURANCE COMPANY REP. BY ITS MANAGER O/A 1ST FLOOR, NO.#612 80 CROSS ROAD, KORAMANGALA BANGALORE - 560 034. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; R1 - SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2012 PASSED IN MVC NO.96/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELUR, 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:14623 MFA No. 7350 of 2013 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.1345/2011 dated 31.12.2012 by the Senior Civil Judge and M.A.C.T, Belur, the claimant is before this Court seeking enhancement of compensation. 2. Learned counsel for the appellant submits that he has given no objection and he will come up with a memo of retirement and notice may be ordered to the appellant. This Court perused the order impugned and the M.F.A. is of the year 2013, at this point of time, this Court is not inclined to issue notice to the appellant and basing on the material available on record, this Court is proceeding to consider the same on the merits of it. 3. Learned counsel appearing for the respondent – Insurance company submits that the Tribunal had granted just and reasonable compensation and no interference is called for. - 3 - NC: 2025:KHC:14623 MFA No. 7350 of 2013 4. The Claim Petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road traffic accident. According to the claimant, he had sustained one grievous injury and he has to undergo operation and as per the evidence of the doctor, he had sustained 22% disability to the whole body. The Tribunal had taken 5% as a disability. When it comes to the income, according to the claimant, he was earning an amount of Rs.6,000/- p.m. The Tribunal had taken Rs.5,000/- as income and granted the compensation. Coming to the 'pain and suffering', considering the one grievous injury sustained by him, this Court is granting an amount of Rs.40,000/- and towards 'medical expenses', basing on the evidence, an amount of Rs.66,000/- is granted and no interference is called for. Towards 'conveyance and transportation', an amount of Rs.10,000/- is granted which requires no interference. Coming to the 'loss of earning during laid up period', as this accident has taken place in the year 2011 and according to the claimant, he was earning an amount of Rs.6,000/- and as per the chart prepared by the Karnataka State Legal Services Authority, the notional income would be Rs.6,500/-, this Court - 4 - NC: 2025:KHC:14623 MFA No. 7350 of 2013 is taking an amount of Rs.6,000/- as stated by the claimant. Hence, an amount of Rs.18,000/- (Rs.6,000 x 3 months) is granted under the head 'loss of income during laid up period'. Coming to the ‘loss of future income’, as per the doctor's evidence, the claimant had sustained 22% disability to the limb and this Court is taking 7% as disability. The Tribunal had given a lump sum amount. Hence, a sum of Rs.80,640/- (Rs.6,000 x 12 x 16 x 7/100) is granted under the head of 'loss of future income'. Towards 'loss of amenities', the Tribunal had not granted any amount and this Court is granting an amount of Rs.20,000/-. Towards 'future medical expenses', the Tribunal had granted an amount of Rs.50,000/- which requires no interference from this Court. 5. 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. 6. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:14623 MFA No. 7350 of 2013 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Agony : Rs. 30,000.00 40,000.00 2. Medical Expenses : Rs. 66,000.00 66,000.00 3. Conveyance and Transportation : Rs. 10,000.00 10,000.00 4. Loss of income during laid up period : Rs. 10,000.00 18,000.00 5. Loss of future income -- 80,640.00 6. Loss of amenities : Rs. -- 20,000.00 7. Future medical expenses : Rs. 50,000.00 50,000.00 8. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 1,66,000.00 2,94,640.00 Enhancement : Rs. 1,28,640.00 7. Altogether, the claimant is entitled for compensation of an amount of Rs.2,94,640/-. i) Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.1,66,000/- to Rs.2,94,640/-. ii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. 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 - 6 - NC: 2025:KHC:14623 MFA No. 7350 of 2013 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 3 CT: BHK