- 1 - NC: 2025:KHC:17745 MFA No. 6452 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6452 OF 2024 (MV-I) BETWEEN: SMT.KAVITHA D. W/O.DINESH S. NOW AGED ABOUT 34 YEARS R/AT SIDDAPURA TIPTUR TALUK KONEHALLI, HLV ROAD TUMKUR, TIPTUR-572 201 …APPELLANT (BY SRI B.CHANDRASHEKARAIAH, ADVOCATE) AND: 1. SMT.RUKMINI W/O.MUNIYA BOVI BIDARE KAVALU ARSIKERE, HASSAN-573 164 2. SHRIRAM GENERAL INSURANCE COMPANY LTD. REGIONAL OFFICE THE ESTATE, 9TH FLOOR DICKENSON ROAD M.G.ROAD, BENGALURU-560 042 BY ITS MANAGER 3. MR.HUCCHAPPA H.D. S/O.LATE DODAIAH HARISAMUDRA VILLAGE SARTHAVALLI POST HONNAVALLI HOBLI TIPTUR TQ.-572 201 …RESPONDENTS (BY SRI B.PRADEEP, ADVOCATE FOR R-2; NOTICE TO R-1 AND R-3 IS DISPENSED V/O.DATED 24.04.2025) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17745 MFA No. 6452 of 2024 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.07.2023 PASSED IN MVC.NO.7443/2018 BY C/C.XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER-MACT, BENGALURU. 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 judgment and award dated 18.07.2023 passed in MVC.No.7443/2018 by the XXII Additional Small Causes Judge and ACMM, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained in the accident. 2. Facts of the case in brief is as follows: On 27.02.2018, at about 5.30 p.m. when Dinesha.S. along with his wife Kavitha who was pillion rider was proceeding on a motorcycle bearing Registration No.KA-44- J-6127 near Mylanahalli Gate, Arasikere, Tiptur on N.H.206, B.H.Road, the driver of the offending car bearing Registration No.KA-44-M-3257 drove the same in rash and - 3 - NC: 2025:KHC:17745 MFA No. 6452 of 2024 negligent manner and caused the accident. Due to the said impact, Dinesh and Kavitha fell down and sustained grievous injuries. Both of them were shifted to Tiptur Government Hospital. From there, the claimant was shifted to Vinayaka Hospital, Tumkur wherein she was treated as inpatient from 01.03.2018 to 06.03.2018. She underwent surgery for segmental fracture of left femur bone and implants were inserted. It was contended that due to accidental injuries she suffered physical disability and not in a condition to work as earlier. 3. The tribunal had granted the total compensation of Rs.4,58,439/- as per the table given below: Sl.No. Heads Amount (in Rs.) 1 Towards loss of future income 3,06,000-00 2 Towards medical expenses 64,439-00 3 Towards pain and suffering 15,000-00 4 Loss of future amenities 15,000-00 5 Towards attendant charges 3,000-00 6 Towards future medical expenses 50,000-00 7 Transportation, special diet 5,000-00 Total 4,58,439-00 4. Learned counsel for appellant/claimant submits that when the claimant sustained grievous injuries, the - 4 - NC: 2025:KHC:17745 MFA No. 6452 of 2024 tribunal had granted only an amount of Rs.15,000/- towards loss of future amenities and not granted reasonable amount. He further submits that the tribunal had not granted any amount towards loss of income during laid up period. It is submitted that the compensation awarded by the tribunal under other heads is on the lower side. Hence, he seeks for enhancement of the compensation. 5. Learned counsel for respondent/Insurance Company submits that the tribunal had rightly considered and granted the compensation and there are no grounds to interfere with the same. 6. Having heard the learned counsels on either side perused the material on record. Considering the injuries sustained by the claimant and also considering the fact that reasonable amount is not granted towards future amenities and loss of income during laid up period, this Court is inclined to grant an amount of Rs.2,25,500/- globally, in addition to an amount of Rs.4,58,439/- which is - 5 - NC: 2025:KHC:17745 MFA No. 6452 of 2024 awarded by the tribunal. Therefore, all, the claimant is entitled to the total compensation of Rs.6,83,939/-. i) Accordingly, the appeal of the claimant is partly allowed by granting global compensation of Rs.2,25,500/- in addition to the awarded amount of Rs.4,58,439/- awarded by the tribunal; ii) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization; iii) The apportionment of the amount shall be as per the order passed by the Tribunal. iv) Respondent No.2-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security; v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE LB List No.: 1 Sl No.: 55