- 1 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.7165 OF 2024(MV-I) BETWEEN: UNITED INDIA INSURANCE COMPANY LTD, SRI. LAXMI NARASIMHA COMPLEX, OPP.K.S.R.T.C. DEPOT, N.H.66, VODERAHOBLI, KUNDAPURA, UDUPI DISTRICT. REP. DIVISIONAL MANAGER DIVISIONAL OFFICE, JEWEL PLAZA, 1ST FLOOR, MARUTHI VEETHIKA UDUPI OPPO TO SHRINIDHI MEDICALS NEAR CHITTARANJAN CIRCLE, UDUPI REP BY DIVISIONAL MANAGER PINCODE 576101. …APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE) AND: 1. SMT.VENKU W/O GOVINDA, AGED ABOUT 69 YEARS, R/O EGARJIGUDDE, NADA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT.PIN 576224. 2. NAGESH DEVADIGA S/O LATE.KRISHNA DEVADIGA, AGED ABOUT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 55YEARS, R/O GUTTIGEMANE, PADUKONE, HADAVU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. PIN 576230. …RESPONDENTS (BY SRI. MALLIKARJUNA N.S., ADVOCATE FOR R1; V/O/D 06.11.2024 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2024 PASSED IN MVC NO. 734/2019 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE, AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), AWARDING COMPENSATION OF RS. 8,34,722/- WITH INTEREST AT 6 PERCENT P.A. FORM THE DATE OF PETITION TILL PAYMENT FROM THE RESPONDENTS NOS.1 AND 2 JOINTLY AND SEVERALLY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.734/2019 dated 20.07.2024 by the Addl. District Judge and Addl. MACT, Udupi (Sitting at Kundapura), whereby the Tribunal had awarded the compensation of an amount of Rs.8,34,722/-, the Insurance Company is before this Court questioning the quantum of the compensation. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of future income arising out of permanent disability Rs. 5,56,668/- 2. Pain and suffering Rs. 30,000/- 3. Loss of income during the period of treatment Rs. 66,270/- 4. Medical bill, conveyance, nutrition and attending charges Rs. 1,51,784/- 5. Future happiness and amenities Rs. 30,000/- Total Rs. 8,34,722/- 2. Learned counsel appearing for the appellant/ Insurance Company submits that when the doctor had deposed - 4 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 that there is 90% disability to the lower limb, the Tribunal ought to have taken 20% disability to the whole body, instead of that the Tribunal had taken 60% disability and granted the compensation which is on the higher side and the same needs to be reduced. 3. Learned counsel appearing for respondent No.1/ claimants submits that in fact the Tribunal on all the counts had not granted just and reasonable compensation. In fact when he has sustained a disability of 90%, under the head of pain and suffering, the Tribunal had granted an amount of Rs.30,000/-. Further, when the claimant was in hospital for 126 days, under the head of incidental expenses, the amount that is awarded by the Tribunal is not just and reasonable. 4. Having heard the learned counsels on either side, perused the material on record. When the doctor had deposed that the claimant had sustained 90% disability to the lower limb, the Tribunal ought to have taken 1/3rd as the whole body disability, but the Tribunal had taken 60%. In the facts and circumstances, this Court is inclined to take the disability at 30%. Hence, under the head of future loss of income, this - 5 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 Court is granting an amount of (12500X12X7X30/100)= Rs.3,15,000/-. Towards pain and suffering this Court is granting an amount of Rs.50,000/-. Coming to the incidental expenses, the claimant was in hospital for 126 days. Hence, this Court is granting an amount of Rs.1,26,000/- towards incidental expenses. Towards loss of income during the laid up period, for 7 months, this Court is granting an amount of (12500X7)=Rs.87,500/-. Towards medical bills the Tribunal had rightly granted an amount of Rs.51,784/- and this Court is not interfering with the same. Towards loss of amenities this Court is granting an amount of Rs.50,000/-. 5. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of future income arising out of permanent disability Rs. 5,56,668/- 3,15,000/- 2. Pain and suffering Rs. 30,000/- 50,000/- 3. Loss of income during the period of treatment Rs. 66,270/- 87,500/- 4. Medical bill, Rs. 1,51,784/- 00/- - 6 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 conveyance, nutrition and attending charges 5. Medical bills Rs. 00/- 51,784/- 6. Incidental expenses Rs. 00/- 1,26,000/- 5. Future happiness and amenities Rs. 30,000/- 50,000/- Total Rs. 8,34,722/- 6,80,284/- 6. Altogether, the claimants are entitled for an amount of Rs.6,80,284/-. 7. Accordingly, the appeal of the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.8,34,722/- to Rs.6,80,284/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) The appellant/Insurance Company shall deposit the remaining amount, if any, 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. - 7 - HC-KAR NC: 2025:KHC:46259 MFA No. 7165 of 2024 iv) 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 88