- 1 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 920 OF 2023 (MV-I) BETWEEN: SMT.DEEPA SHETTIGAR W/O A.LOKESH AGED ABOUT 46 YEARS, R/A NO.298, 4TH CROSS, SHANESHWARA TEMPLE ROAD, SWARNASANDRA, MANDYA CITY, MANDYA DISTRICT-571 401 …APPELLANT (BY SRI. RAJA L., ADVOCATE) AND: 1. SRI.S.SREEVARDHANA S/O B.SHANTHIRAJU, AGED ABOUT MAJOR, R/A NO.12, 2ND FLOOR, 5TH ‘C’ CROSS, 9TH MAIN AVALAHALLI NEW EXTENSION, BENGALURU-560 026 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., KAMBALLI BUILDING M.C.ROAD, ASHOK NAGAR MANDYA MANDYA DISTRICT-571 401 3. SRI.NINGANNA S/O GAVIGOWDA, AGED ABOUT MAJOR, R/O KARASWADI VILLAGE, MANDYA TALUK, MANDYA DISTRICT-571 401. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 4. THE BRANCH MANAGER NEW INDIA ASSURANCE CO. LTD., MANDYA MICRO OFFICE, 1ST FLOOR, 2ND CROSS, ASHOKNAGAR, MANDYA DISTRICT-571 401 …RESPONDENTS (BY SRI.Y.ARUNA, ADVOCATE FOR R4 SMT.GEETHA RAJ, ADVOCATE FOR R2 V/O/DATED: 07/02/2023- NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC NO.968/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.968/2018 dated 30.09.2022 by the II Addl. Senior Civil Judge and MACT, Mandya, whereby the Tribunal had granted compensation of an amount of Rs.3,28,700/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimants that on 03.05.2018, they were traveling in auto rickshaw in order to go to their house at Swarnasandra, Mandya city. At about 9.00 pm., the - 3 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 driver of auto rickshaw after taking U-turn on Mysore- Bangalore road near Swarnasandra was driving slowly and cautiously by putting right side indicator and giving hand signal, at that time one car came from Bengaluru side towards Mysore driven by its driver in a rash and negligent manner at high speed in zig-zag manner and dashed against auto rickshaw. Due to the accident the claimants sustained injures. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation awarded 1. Loss of amenities and expectation of life Rs. 15,000/- 2. Pain and suffering Rs. 40,000/- 3. Nourishment and conveyance charges Rs. 25,000/- 4. Loss of income during laid up period Rs. 52,000/- 5. Medical expenses Rs. 1,46,700/- 6. Discomfort due to disability Rs. 50,000/- Total Rs. 3,28,700/- 3. Learned counsel appearing for the claimant submits that as per the evidence of the doctor, she has sustained the disability and the Tribunal has not granted any amount under the head of loss of future income. Even under the head of loss - 4 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 of amenities, pain and suffering, nourishment and conveyance charges, the amount granted by the Tribunal is not just and reasonable. It is submitted that on all the counts, the amount needs to be enhanced. As per the salary certificate, the salary of the claimant is Rs.41,000/- per month, the Tribunal had considered the income of the claimant at Rs.25,000/- per month and that also needs to be enhanced. 4. Learned counsel appearing for the respondent No.2/Insurance Company submits that the claimant continued to work and as there is no loss of earning the Tribunal had rightly not granted any amount under the head of loss of future earnings. It is submitted that though the claimant had filed salary certificate, but has not examined anyone in support of the same and the Tribunal had rightly not taken the income at Rs.41,000/- per month. It is submitted that there are no grounds to interfere with the well considered award passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. Considering the two injuries that were sustained, under the head of pain and suffering, - 5 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 this Court is granting an amount of Rs.60,000/-. As the claimant was in hospital for 27 days, under the head of nourishment and conveyance charges, this Court is granting an amount of Rs.27,000/-. Towards medical expenses, no interference is called for. Coming to the loss of income during the laid up period, the salary certificate shows that earning is Rs.41,000/- per month, the Tribunal had taken the income at Rs.26,000/- per month. Why the Tribunal has taken the income at Rs.26,000/- per month, there is no evidence. At this point of time, instead of remanding the matter to the Tribunal for determination, this Court is inclined to take the income at Rs.30,000/- per month. Considering the hospitalization of 27 days, this court is granting the loss of income during the laid period at 3 months, it comes to an amount of Rs.90,000/-. Considering 15% disability and the impact it is going to have on her life, though she is continuing she is not entitled for the loss of future income. Considering the disability and its impact on her future life, towards loss of amenities, this Court is granting an amount of Rs.75,000/-. The Tribunal had granted an amount Rs.50,000/- towards disability, this Court is not interfering with the same. - 6 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 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 Rs. Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of amenities and expectation of life Rs. 15,000/- 75,000/- 2. Pain and suffering Rs. 40,000/- 60,000/- 3. Nourishment and conveyance charges Rs. 25,000/- 27,000/- 4. Loss of income during laid up period Rs. 52,000/- 90,000/- 5. Medical expenses Rs. 1,46,700/- 1,46,700/- 6. Discomfort due to disability Rs. 50,000/- 50,000/- 7. Legal expenses Rs. - 10,000/- Total Rs. 3,28,700/- 4,58,700/- Enhanced amount Rs. 1,30,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.4,58,700/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:32843 MFA No. 920 of 2023 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,28,700/- to Rs.4,58,700/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) 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. 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.: 23