- 1 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2632 OF 2018 (MV-I) BETWEEN: HARSHA N., S/O.NARASIMHAMURTHY, R/AT NO.19/2, 24TH A CROSS, JAYANAGAR 6TH BLOCK, BANGALORE-560 082 …APPELLANT (BY SRI. KALYAN R., ADVOCATE) AND: 1. NATARAJU T.D., S/O.DYAVAIAH, AGED MAJOR, R/AT NO.225, SRS COMPOUND, NEAR PEENYA 1ST STAGE, ASHRAYANAGAR, BANGALORE-560 058 2. NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.144, 2ND FLOOR, SUBHARAM COMPELX, M.G.ROAD, BANGALORE-560 001 …RESPONDENTS (BY SRI.K.N.SRINIVASA, ADVOCATE FOR R2 V/O/D 31/5/2019- NOTICE TO R1 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.12.2017 PASSED IN MVC NO.8241/2016 ON THE FILE OF THE XXI ACMM, & XXIII ASCJ, BENGALURU [SCCH-25], PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.8241/2016 dated 21.12.2017 by the XXI A.C.M.M. & XXIII A.S.C.J. and Motor Accident Claims Tribunal, Bengaluru, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.8,00,000/- for the injuries sustained by the claimant in the accident. 2. It is the case of the claimant that on 02.11.2016 at about 8:15 p.m., the claimant was proceeding on a Honda Shine Motorcycle as pillion rider with his friend on K.R.Road. At that time near Uma Maheshwari Temple, Banashankari 2nd Stage, Bangalore, a cab driven by its driver with high speed came from behind in a rash and negligent manner and dashed against the claimant's motorcycle and caused the accident. As a result, the claimant fell down and sustained grievous injuries. 3. The Tribunal had granted the compensation as per the table given below: - 3 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 25,000/- 2. Medical expenses : Rs. 41,465/- 3. Loss of income during laid up period : Rs. 8,000/- 4. Loss of future income : Rs. 76,800/- 5. Loss of future amenities and happiness : Rs. 15,000/- 6. Attendant, conveyance, food and nourishment charges : Rs. 20,000/- TOTAL : Rs. 1,86,265/- 4. Learned counsel appearing for the appellant/claimant submits that as per the evidence of the doctor, the claimant had sustained fracture of L1 Vertebra which is grievous in nature. It is submitted that the doctor had opined that the claimant is suffering from permanent disability of spine is 15% and the whole body disability is 15%. The Tribunal had taken only 5% disability to the whole body. He submits that the fracture injury is going to have an impact on the life of the claimant and in this case, the Court cannot take 1/3 of the disability. It is submitted that even under the other heads also, the compensation that is granted is not reasonable. - 4 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted reasonable compensation and there are no grounds seeking interference of the well considered order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering that the claimant had sustained fracture of L1 Vertebra, which is grievous in nature, this Court is granting an amount of Rs.40,000/- under the head of pain and suffering. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.41,465/- and no interference is called for. Coming to the income, as this accident had taken place in the year 2016, this Court is taking an amount of Rs.9,500/- per month as income. Hence, towards loss of income during laid up period, this Court is granting an amount of Rs.28,500/- (Rs.9,500x3). Coming to the head of loss of future income, the doctor had opined that there is 15% permanent disability to the whole body. The Tribunal had taken the 5% as disability. Considering the fact that it is an injury to the vertebra and it will have an impact on his life, this Court is considering 15% as disability - 5 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 and towards loss of future income, this Court is granting an amount of Rs.2,73,600/- (Rs.9,500×12×16×15/100). Coming to the loss of amenities, the Tribunal had granted an amount of Rs.15,000/-. This Court is granting an amount of Rs.40,000/- towards loss of amenities. The Tribunal had rightly granted an amount of Rs.20,000/- towards attendant, conveyance, food and nourishment charges and no interference is called for. 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: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 25,000/- 40,000/- 2. Medical expenses : Rs. 41,465/- 41,465/- 3. Loss of income during laid up period : Rs. 8,000/- 28,500/- 4. Loss of future : Rs. 76,800/- 2,73,600/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 income 5. Loss of future amenities and happiness : Rs. 15,000/- 40,000/- 6. Attendant, conveyance, food and nourishment charges : Rs. 20,000/- 20,000/- 7. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,86,265/- 4,53,565/- Enhancement : Rs. 2,67,300/- 9. Altogether, the claimant is entitled for an amount of Rs.4,53,565/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.1,86,265/- to Rs.4,53,565/-. The Insurance Company is liable to pay the compensation. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. 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. - 7 - NC: 2025:KHC:15416 MFA No. 2632 of 2018 iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 10