- 1 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6700 OF 2016 (MV-I) BETWEEN: SRI V.RANGANATH S/O D.VENKATESH, AGED ABOUT 37 YEARS, R/AT NO. 11, 6TH MAIN, OPP: GOWDAPADA ASHRAM, SRINIVAS NAGAR, SUNKADAKATTE, BENGALURU - 91. ALSO: NO. E 258, SHRIGANDHARDA KAVALU, SRINIVAS NAGAR, BENGALURU - 91. …APPELLANT (BY SRI. SHARANAGOUDA S PATIL, ADVOCATE) AND: 1. THE REGIONAL MANAGER RELIANCE GEN. INS. CO. LTD., UNNATHI ARCADE, 5/111 & 5/112 1ST FLOOR, 1ST BLOCK, DR. RAJAKUMAR ROAD, (1ST MAIN ROAD), RAJAJINGAR, BENGALURU - 560 010 2. NAGARAJU H.T., NO. 896/11B, 1ST FLOOR, 12TH CROSS, MAHALAKSHMI LAYOUT, BENGALURU - 560 086. …RESPONDENTS (BY SRI.ASHOK N.PATIL, ADVOCATE FOR R1 V/O/D 05.11.2019, NOTICE TO R2 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.7.2016 PASSED IN MVC Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 NO.1278/2015 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.1278/2015 dated 18.07.2016 by the XIII Additional Small Cause Judge and Member MACT, Bengaluru, the appellant/claimant is before this Court. 2. The facts of the case are that on18.03.2015 at about 8:15 a.m., the claimant was going to his work place on his scooter near Kanakapura road and when the claimant reached at service road turning at Kanakapura to Sumanahalli junction, at that time, the Ashok Leyland tanker driven by its driver in a rash and negligent manner dashed to the claimant’s vehicle. Asa result, the claimant had sustained grievous injuries. In this regard, Kamakshipalya Traffic Police have registered the case. At the time of accident, the claimant was aged about 38 years. The claimant was hale and healthy before the accident and was - 3 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 working as Accounts Assistant in Sri.Vijayalakshmi Agarbhati Works at Kanakapura road. 3. The Tribunal had awarded the compensation as per the table given below: Heads Compensation Awarded 1. Pain and suffering : Rs. 20,000/- 2. Loss of past earnings : Rs. 40,000/- 3. Medical Expenditure : Rs. 94,500/- 4. Future Medical Expenditure : Rs. 10,000/- 5. Loss of future income : Rs. 2,52,000/- 6. Towards diet and conveyance : Rs. 10,000/- 7. Loss of amenities : Rs. 10,000/- TOTAL : Rs. 4,36,500/- 4. Learned counsel appearing for the appellant/claimant submits that under the head of pain and suffering, towards loss of amenities and towards loss of future income, the amount that is granted by the Tribunal is not reasonable. It is submitted that when the doctor had deposed that the disability is 17% to the whole body, the Tribunal had taken the disability at 7% without any basis and on all the other heads the compensation needs to be enhanced. - 4 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 5. Learned counsel appearing for respondent No.1 – Insurance Company submits that the Tribunal had rightly taken 7% as disability. It is submitted that he was working as an accountant and the injury will not have an impaction the claimant’s occupation. In those circumstances, the disability that is assessed by the doctor at 17% is on the higher side and the Tribunal had rightly taken 7% as disability and there are no grounds to enhance the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering one grievous injury that is sustained by the claimant, this Court is granting an amount of Rs.40,000/- under the head of pain and suffering. Towards medical expenditure, the Tribunal had rightly granted an amount of Rs.94,500/- and no interference is called for. Towards diet and conveyance, the Tribunal had granted an amount of Rs.10,000/- which is a reasonable compensation and no enhancement is called for. Then coming to the disability, when the doctor had assessed the disability at 17% to the whole body and 50% to the limb, the Tribunal had taken 7% as disability without any basis. Considering the argument of the learned counsel appearing for the Insurance - 5 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 Company, the occupation and the injury sustained by the claimant, this Court is inclined to take 12% as disability. Hence, towards loss of future income, it will come to an amount of Rs.4,32,000/- (Rs.20,000x12x15x12/100). Towards loss of amenities, this Court is granting an amount of Rs.30,000/-. Then coming to the loss of past earnings, the Tribunal had rightly granted an amount of Rs.40,000/- and no interference is called for. Towards future medical expenditure, this Court is granting an amount of Rs.20,000/-. 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. Pain and suffering : Rs. 20,000/- 40,000/- 2. Loss of past earnings : Rs. 40,000/- 40,000/- 3. Medical Expenditure : Rs. 94,500/- 94,500/- 1(2014) 11 SCC 178 - 6 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 4. Future Medical Expenditure : Rs. 10,000/- 20,000/- 5. Loss of future income : Rs. 2,52,000/- 4,32,000/- 6. Towards diet and conveyance 10,000/- 10,000/- 7. Loss of amenities : Rs. 10,000/- 30,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,36,500/- 6,76,500/- 9.Altogether, the claimant is entitled for an amount of Rs.6,76,500/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,36,500/-to Rs. 6,76,500/-. i. The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. ii. The respondent No.1-Insurance Company shall deposit the sad compensation amount with accrued interest before the Tribunal within a period of eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. - 7 - NC: 2025:KHC:17427 MFA No. 6700 of 2016 iv. The Registry is directed to return the Trial Court Records to the Tribunal along with the 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 MEG List No.: 2 Sl No.: 33