- 1 - NC: 2025:KHC:1421 MFA No. 5714 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5714 OF 2024(MV-I) BETWEEN: SRI. MUTTAPPA @ MUTTAPPA MEVUNDI, S/O MALLAPPA, AGED ABOUT 44 YEARS, R/O UDAGATTI VILLAGE, HARAPANAHALLI TALUK, BELLARY DISTRICT 581 211. …APPELLANT (BY SRI. SIDDESWARA N.K., ADVOCATE) AND: 1. SRI. SHARNAPPA @ SHARANAPPA WALIKAR, S/O KUPPANNA, AGED ABOUT 31 YEARS, DRIVER OF LORRY BEARING REG. NO. KA-25-B-4829, R/O. ADAVIBHAVI VILLAGE, LINGASUR TALUK, RAICHUR DISTRICT 584 122. 2. M/S. VIJAYANANDA ROADLINES LTD., GIRIRAJ ANNEXE, CIRCUIT HOUSE ROAD, HUBLI (OWNER OF LORRY NO. KA-25-B-4829), REPT. BY ITS MANAGING DIRECTOR AND ALSO REPT. BY ITS GPA, SRI. RUDRAMUNI S/O CHIKKABASAPPA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1421 MFA No. 5714 of 2024 AGED ABOUT 51 YEARS, MANAGER, VRL DAVANAGERE TRANSHIPMENT YARD, BEHIND SHANTHI TALKIES, K.R. ROAD, DAVANAGERE CITY 577 001 3. THE UNITED INDIA INSURANCE CO.,LTD., NEAR VIDYARTHI BHAVANA, DAVANAGERE CITY 577 002, REPRESENTED BY ITS DIVISIONAL MANAGER …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R3; V/O/D 14.11.2024, NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 04.05.2024 PASSED IN MVC NO.131/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is filed by the claimant challenging the judgment and award passed by the I Additional Senior Civil Judge and JMFC Davanagere in M.V.C.No.131/2021 dated 04.05.2024. This appeal is founded on the premise of inadequate and meager compensation awarded by the Tribunal. - 3 - NC: 2025:KHC:1421 MFA No. 5714 of 2024 2. Parties to the appeal shall be referred to as per their status before the Tribunal. 3. Brief facts of the case are under: On 17.09.2020 at 2:05 p.m., the claimant was travelling in his Motor Cycle bearing Reg.No.KA-16/L-9813 near Harappanahalli - Hospete Road, at that time, a lorry driven by respondent No.1 bearing Reg.No.KA-25/D-4829 came in a rash and negligent manner and dashed against the claimant, as a result, the claimant sustained injuries and was admitted to the hospital for treatment and incurred financial expenditures. Hence, the claimant filed the claim petition seeking compensation from respondent No.3 - Insurance Company. 4. Upon appearance of respondent No.3 and materials placed before the Tribunal, both oral and documentary, the Tribunal awarded total compensation of Rs.5,76,960/- along with interest at 6% per annum and directed respondent Nos.2 and 3 are jointly and severally liable to pay the compensation and respondent No.3- Insurance company was directed to deposit the - 4 - NC: 2025:KHC:1421 MFA No. 5714 of 2024 compensation. Aggrieved by inadequate compensation, the appellant-claimant is before this Court seeking enhancement. 5. Heard Sri. Siddeswara N.K., learned counsel for the appellant-claimant and Sri. Ravish Benni, learned counsel for respondent No.3 - Insurance company. 6. The occurrence of the accident, involvement of vehicle and injuries sustained are proved and established in view of filing of Ex.P.1 to Ex.P11, the Tribunal has taken into consideration the multiplier '14' and 10% disability. The compensation awarded under the head 'loss of earning capacity' at Rs.2,43,600/- and 'Medical expenses' at Rs.2,73,360/- are just and proper and the same are retained. However, on careful perusal of materials on record, this Court deems it appropriate to marginally increase the compensation awarded by the Tribunal towards 'pain and sufferings' at Rs.50,000/-, towards 'loss of amenities' at Rs.25,000/-, towards 'food, nourishment, attendant and conveyance charges' at Rs.40,000/-. - 5 - NC: 2025:KHC:1421 MFA No. 5714 of 2024 7. The claimant was inpatient for a period of three months, but the Tribunal has failed to award 'loss of income during the laid up period' and thus, the appellant- claimant is entitled for compensation of Rs.43,500/- (14,500 x 3). The Tribunal has not awarded any compensation towards 'future medical expenses'. This Court deems it appropriate to award Rs.20,000/- under the head of 'future medical expenses'. 8. Thus, the claimant is entitled to the following compensation: Head of compensation Amount of compensatio n awarded Loss of future earning capacity 2,43,600 Pain and sufferings 50,000 Loss of amenities 25,000 Food, nourishment and attendant and conveyance charges 40,000 Medical expenses 2,73,360 Loss of income during laid up period 43,500 Future medical expenses 20,000 Total 6,95,460 9. The appellant-claimant would be entitled for a total compensation of Rs.6,95,460/- as against - 6 - NC: 2025:KHC:1421 MFA No. 5714 of 2024 Rs.5,76,960/-. In view of the above discussion, I pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is modified. iii. The appellant-claimant is entitled to compensation of Rs.6,95,460/- as against Rs.5,76,960/- along with interest at 6% per annum to be deposited by respondent No.3- Insurance company. iv. The balance compensation shall be deposited within four weeks from today at 6% interest. v. Enhanced compensation shall be released in favour of appellant-claimant on proper identification. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE SJK LIST NO.: 1 SL NO.: 18 CT:SNN