- 1 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6876 OF 2014 (MV-I) BETWEEN: SRI .Y.R.M ASHOKKUMAR S/O Y.R.MANJUNATHA GUPTHA, AGED ABOUT 36 YEARS, RESIDING AT NO.489, II CROSS, 15TH MAIN, III STAGE, I BLOCK, BASAVESWARANAGAR, BANGALORE-79. …APPELLANT (BY SRI. R B SADASIVAPPA., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO LTD REP. BY ITS MANAGER, NO.366/72, 19TH MAIN, I BLOCK, RAJAJINAGAR, BANGALORE-560 010. 2. SMT.K.SHASHIKALA W/O HANUMANTHAPPA, MAJOR IN AGE, R/AT NO.52, GANTIGANAHALLI VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DIST-560401. …RESPONDENTS (BY SRI. M ARUN PONNAPPA, ADV. FOR R1, V/O DTD: 05/06/2015 NOTICE TO R2 IS D/W.) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 2.12.2013 PASSED IN MVC NO.2253/2012 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, 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.2253/2012 dated 02.12.2013 by the XII Additional Small Causes Judge and Member, Motor Vehicles Claims Tribunal, the claimant is before this Court seeking enhancement as well as questioning the liability fastened on the owner of the vehicle. 2. It is the case of the claimant that on 30.01.2012 at about 5.30 p.m., near Avalahalli Lake, Doddaballapur- Bangalore road when the claimant was traveling in Scorpio vehicle bearing No.KA-05-MS-7007 along with his parents and sister, at that time, a milk tanker lorry bearing No.KA-01-D- 3229 which was driven by its driver in rash and negligent manner so as to endanger human life dashed against the Scorpio vehicle and caused this accident. Due to this, the - 3 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 claimant had sustained grievous injuries, his sister died in the accident. Immediately, the claimant was shifted to Deeksha Hospital, Yelahanka and after first aid, he was shifted to Pristine Hospital and taken treatment as an inpatient for senven days and he spent more than Rs.75,000/- towards medical expenses. He had filed the claim petition seeking compensation of an amount of Rs.5,00,000/-. 3. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of income due to disability : Rs. 67,200/- 2. Loss of amenities in life, happiness & frustration : Rs. 5,000/- 3. For conveyance, attendant charges, food and nourishment : Rs. 10,000/- 4. Pain and suffering : Rs. 30,000/- 5. Loss of income during laid up period : Rs. 15,000/- 6. Medical expenses : Rs. 57,070/- TOTAL : Rs. 1,84,270/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.1,84,270/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. - 4 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 5. As there is no representation on behalf of appellant, the matter was directed to be listed under caption 'dismissal' by order dated 08.04.2024. On 13.02.2025, there was no representation on either sides. This appeal is of the year 2014 and this Court is not inclined to adjourn the same and to proceed with the matter basing on the material on record. 6. Learned counsel appearing for the respondent- Insurance Company submits that the Tribunal had rightly considered the compensation and there are no grounds to interfere with the same. 7. Coming to the compensation awarded under the head 'pain and suffering', the Tribunal has awarded Rs.30,000/- and hence this Court has inclined to grant compensation of Rs.40,000/- towards the said head. 8. Coming to the head of 'loss of amenities in life, happiness and frustration, the Tribunal has awarded Rs.5,000/- which is meager and the same is enhanced to Rs.15,000/- considering the nature of injuries sustained by the claimant. - 5 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 9. Under the head of conveyance, attendant charges, food and nourishment, the Tribunal had granted an amount of Rs.10,000/- and no interference is called for. Towards medical expenses also, the Tribunal had rightly granted an amount of Rs.19,172/- and no interference is called for. The Tribunal has granted Rs.15,000/- under the head of loss of income during the laid up period. As this accident had taken place in the year 2012, as per the chart prepared by the Legal Services Authority, taking the notional income at an amount of Rs.7,000/-, towards loss of income during the laid up period, this Court is granting an amount of (7,000X3)= Rs.21,000/-. 10. Coming to the head of 'loss of income due to disability', the doctor has opined that there is 8% disability to the whole body but without any basis, the Tribunal has considered 7% disability and this Court has taken the disability at 8% and appropriate multiplier adopted is '16'. Hence, the compensation under the 'loss of income due to disability is assessed as follows: 7,000x12x16/100 = Rs.1,07,520/- - 6 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 11. 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. 12. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of compensation Compensation Awarded by Tribunal Compensat ion Awarded by this Court 1. Loss of income due to disability : Rs. 67,200/- 1,07,520/- 2. Loss of amenities in life, happiness & frustration : Rs. 5,000/- 15,000/- 3. For conveyance, attendant charges, food and nourishment : Rs. 10,000/- 10,000/- 4. Pain and suffering : Rs. 30,000/- 40,000/- 5. Loss of income during laid up period : Rs. 15,000/- 21,000/- 6. Medical expenses : Rs. 57,070/- 57,070/- 7. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 1,84,270/- 2,60,590/- Enhanced compensation : Rs. 76,320/- 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 13. All together, the claimant is entitled for compensation of an amount of Rs.2,60,590/-. Accordingly, the appeal filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.1,84,270/- to Rs.2,60,590/-. The compensation amount shall be paid by the insurance company. 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.1 - 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. v. No costs. - 8 - NC: 2025:KHC:15109 MFA No. 6876 of 2014 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 13