- 1 - NC: 2025:KHC:15412 MFA No. 8669 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. 8669 OF 2018 (MV-I) BETWEEN: SRI MOHAMMED HANEEF S/O.ABDUL SATTAR SAB, R/O SHIRURU POST, KUNDAPURA TALUK. …APPELLANT (BY SRI. NAGARAJA H.R., ADVOCATE) AND: 1. SRI.ISHWAR N NAIK S/O NARAYANA NAIK, AGE:MAJOR, R/O.MALLAYYANMANE, NEAR K.T.SCHOOL, MURDESHWARA POST, BHATKAL TALUK U.K. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE KUNDAPURA, 1ST FLOOR, PUSHAP BUILDING, MAIN ROAD, KUNDPAURA, REP.BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.L.ASHWATHA NARAYANA, ADVOCATE FOR R1 SRI.K.KISHOR KUMAR REDDY, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14/08/2018, PASSED IN MVC NO.539/2015, ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:15412 MFA No. 8669 of 2018 ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.539/2015 dated 14.08.2018 by the Additional District Judge and Additional MACT, Udupi (Sitting at Kundapura), Kundapura, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.9,40,000/- with interest at the rate of 12% per annum for the injuries sustained by the claimant in the accident. 2. It is the case of the claimant that on 17.03.2015 at about 12:30 hours, the claimant was traveling as pillion rider in Honda Active Motor Cycle from Bhatkal side towards Shirali side on NH66 and the rider of the said motor cycle riding the same in a very slow manner on the correct side of the road. When they reached near Ranginakatta, Bhatkal Taluk, at that time, a Tipper lorry came from Shirali side towards Bhatkal side in a rash and negligent manner and due to over speed, the driver of the tipper lorry lost control and came to the right side of the road and dashed against the claimant's motor cycle. Due to the said impact, the claimant fell on the road and sustained grievous injuries. Immediately after the accident, the claimant - 3 - NC: 2025:KHC:15412 MFA No. 8669 of 2018 was shifted to Chinmayi hospital, Kundapura, wherein he was treated as an inpatient. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Injury, pain and sufferings : Rs. 30,000/- 2. Medical Expenses : Rs. 8,471/- 3. Loss of earning during treatment : Rs. 900/- 4. Loss of bed rest : Rs. 36,000/- 5. Loss of future earning capacity : Rs. 91,800/- 6. Conveyance, nourishment and attendant charges : Rs. 5,000/- TOTAL : Rs. 1,72,171/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not granted reasonable compensation. It is submitted that the doctor's evidence is that the claimant is suffering with permanent disability of 10%. But the Tribunal had not considered the evidence of the doctor and had not granted any amount towards loss of amenities and the - 4 - NC: 2025:KHC:15412 MFA No. 8669 of 2018 amount that is granted under the head of pain and suffering is on the lower side. 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. The claimant had sustained one grievous injury. Hence, this Court is granting an amount of Rs.40,000/- towards pain and suffering. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.8,471/- and no interference is called for. Coming to the loss of income, considering the fact that the accident had taken place in the year 2015, this Court is taking the income at Rs.9,000/- per month. Hence, towards loss of earning during treatment, this Court is granting an amount of Rs.36,000/- (Rs.9,000x4). Towards conveyance, nourishment and attendant charges, the Tribunal had rightly granted an amount of Rs.5,000/- and no interference is called for. Even under the head of loss of future earning capacity, the Tribunal - 5 - NC: 2025:KHC:15412 MFA No. 8669 of 2018 had rightly granted an amount of Rs.91,800/-. Towards loss of amenities, this Court is granting an amount of Rs.10,000/-. 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. Injury, pain and sufferings : Rs. 30,000/- 40,000/- 2. Medical Expenses : Rs. 8,471/- 8,471/- 3. Loss of earning during treatment : Rs. 900/- 36,000/- 4. Loss of bed rest : Rs. 36,000/- 00/- 5. Loss of future earning capacity : Rs. 91,800/- 91,800/- 6. Conveyance, nourishment and attendant charges : Rs. 5,000/- 5,000/- 7. Loss of amenities : Rs. 00/- 10,000/- 8. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,72,171/- 2,01,271/- Enhancement : Rs. 29,100/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:15412 MFA No. 8669 of 2018 9. Altogether, the claimant is entitled for compensation of an amount of Rs.2,01,271/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.1,72,171/- to Rs.2,01,271/-. 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. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG, List No.: 1 Sl No.: 6