- 1 - NC: 2025:KHC:16517 MFA No. 7381 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7381 OF 2016 (MV-I) BETWEEN: 1. LEDWIN D'SOUZA S/O LATE ARUN D'SOUZA, AGED ABOUT 53 YEARS, R/AT MARLIN, NO.81, SHANTHI NAGAR, ALAPE, PADEEL, MANGALORE, D.K. DISTRICT - 575 001. …APPELLANT (BY SRI. ASHISH RAM D., ADVOCATE) AND: 1. THE MANAGER KUDREMUKH IRON ORE CO. LTD., CHIKKAMAGALORE, KARNATAKA STATE - 577 101. 2. NATIONAL INSURANCE CO. LTD., PANAMBUR BRANCH, DIVISIONAL OFFICE AT MANGALORE, BHARATH BUILDING, P.M. RAO ROAD, MANGALORE - 575 001 REP BY ITS MANAGER. …RESPONDENTS (BY SRI. ANANDARAMA K., ADVOCATE FOR R1 SRI. DHEERAJ KUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2015 PASSED IN MVC NO.887/12 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE & MEMBER, MACT-4, D.K., MANGALORE, 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:16517 MFA No. 7381 of 2016 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 M.V.C.No.887/2012 dated 07.08.2015, by the Court of III Addl. District Judge & M.A.C.T.-IV, D.K., Mangalore, the claimant is before this Court seeking enhancement of compensation. 2. It is submitted that the Tribunal had not granted just and reasonable compensation. It is submitted that when the evidence shows that the claimant is earning an amount of Rs.15,000/-, the Tribunal had taken income at Rs.10,000/- and towards 'loss of amenities' and 'future medical expenses', the Tribunal has not granted reasonable compensation. 3. Learned counsel appearing for the respondent - Insurance Company submits that the Tribunal had reasonably granted the compensation and no interference is called for. 4. Having heard the learned counsels on either side, perused the material on record. Considering the injuries sustained by the claimant, under the head of 'pain and suffering', the Tribunal had granted reasonable amount and no - 3 - NC: 2025:KHC:16517 MFA No. 7381 of 2016 interference is called for. Coming to the 'medical expenses' also, no interference is called for. Towards 'food, nourishment and incidental expenses', the Tribunal had rightly granted the compensation and no interference is called for. Coming to the 'loss of income during laid up period', It is the submission of the learned counsel for the respondent that already one month paid leave was granted so he is only entitled for four months. Then coming to the 'loss of income during laid up period', there is evidence on record to show that the claimant is earning an amount of Rs.15,000/- but, the Tribunal had taken Rs.10,000/. Hence, this Court is inclined to take an amount of Rs.15,000/- as income and loss of income comes to Rs.60,000/-. Then coming to 'loss of amenities', considering the disability and the evidence of the doctor, this Court is granting an amount of Rs.40,000/- and on the other heads, the Tribunal had granted reasonable amounts and no interference is called for. 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 - 4 - NC: 2025:KHC:16517 MFA No. 7381 of 2016 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: 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. 7,50,000.00 7,50,000.00 3. Food and conveyance during treatment period : Rs. 25,000.00 25,000.00 4. Loss of income during treatment period : Rs. 50,000.00 60,000.00 5. Loss of amenities : Rs. 25,000.00 40,000.00 6. Future medical expenses : Rs. 1,00,000.00 1,00,000.00 5. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 10,25,000.00 10,60,000.00 Enhancement : Rs. 35,000.00 7. Altogether, the claimant is entitled for compensation of an amount of Rs.10,60,000/-. 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:16517 MFA No. 7381 of 2016 8. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.10,25,000/- to Rs.10,60,000/-. 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) 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, CT-SG