- 1 - NC: 2025:KHC:17290 MFA No. 8048 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.8048 OF 2019(MV-I) BETWEEN: BONDA KUMARI, W/O TARAKESHWARA RAO, AGED ABOUT 46 YEARS, R/AT NO.11-23, TELAGAVEEDI, BONDAVEEDI, KUMILI, VIZIANAGARAM,. ANDHRAPRADESH – 561 203. …APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. SHIVAKUMAR, S/O RAMAKRISHNA, GO1, SRI KRISHNA SAI ENCLAVE, THIGALARAPALYA ROAD, BEHIND VIVEKANANDHA ASHRAM, HOODI, MAHADEVAPURA POST, BENGALURU – 560 048. 2. BHARTI GIC LTD., BY ITS MANAGER, IST FLOOR, FERNS ICON, SURVEY NO.28, DODDANAKKUNDI, BENGALURU – 560 010. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2 VIDE ORDER DATED 07.06.2023; R1- SHIVAKUMAR SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2019 PASSED IN MVC NO. 4703/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17290 MFA No. 8048 of 2019 THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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.4703/2018 dated 28.02.2019 by the M.A.C.T & V Addl. Judge (SCCH-20), Mayo Hall Unit, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.10,00,000/- and the Tribunal had awarded an amount of Rs.5,08,000/-. 3. Learned counsel appearing for the appellant - claimant submits that the Tribunal had taken the income at Rs.9,000/- which is on the lower side. Further, no amount is awarded under the head of 'loss of income during laid up period' and for 'loss of amenities and other heads', the amount granted by the Tribunal is on the lower side. 4. Learned counsel appearing for the respondent- Insurance Company submits that the Tribunal had granted the reasonable compensation. - 3 - NC: 2025:KHC:17290 MFA No. 8048 of 2019 5. Having heard the learned counsel on either side, perused the material on record. This Court has perused the order passed by the Tribunal. Under the heads of 'pain and suffering, 'medical expenses', 'Nourishment and attendant charges' and 'conveyance charges', the compensation granted by the Tribunal is just and reasonable and no interference is required from this Court. Considering disability at 10%, this Court is granting an amount of Rs.30,000/- towards 'loss of amenities'. Coming to the 'loss of future income', the accident had occurred in the year 2018 and the income is taken at 12,500/- then Rs.12,500x12x14x10/100 = Rs.2,10,000/-. Then the Tribunal had rightly granted the compensation for the automatic sewing machine for an amount of Rs.15,000/- and for 'future medical expenses', the Tribunal had granted compensation of an amount of Rs.50,000/- and no interference is called for. Coming to the 'loss of income during laid up period', Rs.12,500/- for three months, it comes to Rs.37,500/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and - 4 - NC: 2025:KHC:17290 MFA No. 8048 of 2019 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 75,000.00 75,000.00 2. Medical expenses : Rs. 1,86,261.00 1,86,261.00 3. Nourishment and attendant charges : Rs. 10,000.00 10,000.00 4. Conveyance charges : Rs. 10,000.00 10,000.00 5. Loss of amenities : Rs. 10,000.00 30,000.00 6. Loss of future income : Rs. 1,51,200.00 2,10,000.00 7. Automatic Sewing Machine cost : Rs. 15,000.00 15,000.00 8. Future medical expenses : Rs. 50,000.00 50,000.00 9. Loss of income during laid up period : Rs. -- 37,500.00 10. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 5,07,461.00 6,33,761.00 Enhancement : Rs. 1,26,300.00 8. Altogether, the claimant is entitled for compensation of an amount of Rs.6,33,761/-. 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:17290 MFA No. 8048 of 2019 9. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.5,07,461/- to Rs.6,33,761/-. 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) 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. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA CT: Sn