- 1 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7745 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7746 OF 2016 (MV-I) IN MFA No. 7745/2016 BETWEEN: SMT. SAVITHA R W/O N. JAGADEESH AGED 37 YEARS RESIDING AT, NO.160 1ST MAIN, 4TH CROSS MALLASANDRA T. DASARAHALLI BENGALURU-560 057 …APPELLANT (BY SRI. VIJAYA KUMARA, ADVOCATE) AND: 1. R.N. RAVIKUMAR S/O RAJASHEKARAIAH MAJOR MANJUNATHA NILAYA, NO.1316 3RD MAIN, 3RD CROSS KALYANANAGAR, T. DASARAHALLI BENGALURU-560 057 2. M/S. RELIANCE INSURANCE CO. LTD., RGIC, NO.28, EAST WING 5TH FLOOR, CENTENARY BUILDING M.G.ROAD, BENGALURU-560 001 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 3. SHRI. MALLAPPA SHARANAPPA A UDUPUDI S/O SHARANAPPA MAJOR RESIDENT OF LOKAPUR VILLAGE MADOL TALUK, BAGALAKOTE DISTRICT AND ALSO AT H.S.R EXTENSION HALASOOR, BENGALURU-08 4. SHRIRAM GENERAL INSURANCE CO. LTD., NO.3/5, 3RD FLOOR, SNRK ARCAD BILEKALLI AVENUE BANNERUGHATTA ROAD BENGALURU-560 076 …RESPONDENTS (BY SMT. MALATHI T.N, ADVOCATE FOR R2; SRI. B. PRADEEP, ADVOCATE FOR R4; SRI. R.N. RAVIKUMAR, ADVOCATE FOR R1-SERVED SRI. MALAPPA SHARANAPPA A UDUPUDI, ADVOCATE FOR R3-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2016 PASSED IN MVC NO.6766/2013 ON THE FILE OF THE VII ADDITIONAL JUDGE AND XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7746/2016 BETWEEN: SMT. YASHODAMMA T.N W/O LATE RAMACHANDRAPPA AGED 55 YEARS PRESENTLY RESIDING AT, NO.160 1ST MAIN, 4TH CROSS MALLASANDRA, T. DASARAHALLI BENGALURU-560 057 ...APPELLANT (BY SRI. VIJAYA KUMAR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 AND: 1. R.N. RAVIKUMAR S/O RAJASHEKARAIAH MAJOR MANJUNATHA NILAYA, NO.1316 3RD MAIN, 3RD CROSS KALYANANAGAR, T. DASARAHALLI BENGALURU-560 057 2. M/S. RELIANCE INSURANCE CO. LTD., RGIC, NO.28, EAST WING 5TH FLOOR, CENTENARY BUILDING M.G.ROAD, BENGALURU-560 001 3. SHRI. MALLAPPA SHARANAPPA A. UDUPUDI S/O SHARANAPPA MAJOR RESIDENT OF LOKAPUR VILLAGE MUDOL TALUK, BAGALAKOTE DISTRICT AND ALSO AT H.S.R EXTENSION HALASOOR, BENGALURU-08 4. SHRIRAM GENERAL INSURANCE CO. LTD., NO.3/5, 3RD FLOOR, SNRK ARCAD BILEKALLI AVENUE BANNERUGHATTA ROAD BENGALURU-560 076 ...RESPONDENTS (BY SRI. N. LAKSHMINARAYANA, ADVOCATE FOR SRI. G. CHANDRASHEKHARAIAH, ADVOCATE FOR R1; SMT. T.N. MALATHI, ADVOCATE FOR R2; SRI. MALAPPA SHARANAPPA, ADVOCATE FOR R3 - SERVED; SRI. B. PRADEEP, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.09.2016 PASSED IN MVC NO.6768/2013 ON THE FILE OF THE VII - 4 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 ADDITIONAL JUDGE AND XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR PART HEARD, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT In MFA.No.*7746/2016 Aggrieved by the Order passed in of MVC.No.6768/2013 dated 02.09.2016 passed by the VII Additional Judge and XXXII ACMM, Bangalore, the appellant/claimant is before this Court seeking enhancement of compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.12,00,000/- for the injuries sustained by the claimant in the road traffic accident. The Tribunal had granted an amount of Rs.5,45,521/-. 3. Learned counsel appearing for the claimant submits that the Tribunal has not granted just and reasonable compensation. It is submitted that he had sustained four grievous injuries and the amount that is granted under the * Corrected vide court order dated: 24/06/2025. - 5 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 head of pain and sufferings is not a reasonable compensation. He further submits that the Court has taken the income at Rs.7,000/-. Learned counsel for the claimant submits that the accident is of the year 2013, the Court ought to have taken the income at Rs.8,000/-. As far as the medical bills are concerned there is no dispute. When it comes to loss of future earnings, the Court considering Rs.7,000/- as income and considering the disability at 23%, granted an amount of Rs.1,10,880/-. Learned counsel for the claimant submits that 1/3rd of the limb disability comes to 20% and not 23%. Then coming to the loss of amenities, the Court had granted only Rs.20,000/- and towards the future medical expenses, the Court has granted only Rs.15,000/-. It is submitted that the compensation that is granted is not just and reasonable. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Court had granted a just and reasonable compensation and there are no grounds for enhancement. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the - 6 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 grievous injuries that are sustained by the claimant, this Court is granting an amount of Rs.60,000/- under the head of pain and sufferings. Under the head of loss of earning during the laid up period, the Court had considered Rs.7,000/- as income and this Court considering the chart prepared by the Karnataka Legal Service Authority taking the notional income at Rs.8,000/- (Rs.8,000X3) and an amount of Rs.24,000/- is granted. Towards medical bills the Court had rightly granted the amount and no interference is called for. Then coming to the loss of future income, this Court is taking the disability at 20% (Rs.8,000X12X11X20/100) and it comes to Rs.2,11,200/-. Coming to the loss of amenities, considering the disability this Court is granting an amount of Rs.30,000/-. Towards transport and nourishment the Court had rightly granted an amount of Rs.20,000/- and no interference is called for. Under the head of future medical expenses this Court is granting an amount of Rs.20,000/-. Altogether, the claimant is entitled for compensation of an amount of Rs.7,03,841/-. 6. The claimant is therefore, entitled to the compensation under the following heads: - 7 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 40,000/- 60,000/- 2. Loss of income during laid up period : Rs. 21,000/- 24,000/- 3. Medical bills : Rs. 3,38,641/- 3,38,641/- 4. Loss of future earning : Rs. 1,10,880/- 2,11,200/- 5. Loss of amenities, conveyance, food and nourishment, attendant charges etc. : Rs. 20,000/- 50,000/- 6. Future medical expenses : Rs. 15,000/- 20,000/- TOTAL : Rs. 5,45,521/- 7,03,841/- Enhancement : Rs. 1,58,320/- In MFA.No.*7745/2016 7. The present appeal is filed aggrieved by the Order passed in of MVC.No.6766/2013 dated 02.09.2016 passed by the VII Additional Judge and XXXII ACMM, Bangalore, the appellant/claimant is before this Court seeking enhancement of compensation. 8. The claimant had sustained suture wounds over left parietal region, tenderness over the left hip joint and * Corrected vide court order dated: 24/06/2025. - 8 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 tenderness over the lower back and the Court had granted global compensation of Rs.40,000/-. 9. Learned counsel appearing for the claimant submits that the Court ought to have granted just and reasonable compensation, the award which is granted by the Tribunal is not reasonable. 10. This Court has perused the order passed by the Tribunal and also injuries sustained by the claimant. The Tribunal has rightly granted an amount of Rs.40,000/- as global compensation, this Court finds no reasons to interfere. 11. Accordingly, the appeal in M.F.A.No.*7745/2016 is dismissed. 12. The appeal in M.F.A.No.*7746/2016 is partly allowed by enhancing the compensation from an amount of Rs.5,45,521/- to Rs.7,03,841/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. * Corrected vide court order dated: 24/06/2025. - 9 - HC-KAR NC: 2025:KHC:18969 MFA No. 7745 of 2016 C/W MFA No. 7746 of 2016 ii. The amount in deposit shall be forthwith transferred to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The 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. v. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RL List No.: 2 Sl No.: 6