- 1 - HC-KAR NC: 2025:KHC:33263 MFA No. 7447 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7447 OF 2022 (MV-I) BETWEEN: SMT. NAGAMMA W/O MANJAPPA AGED ABOUT 36 YEARS, OCC: COOLIE WORK AND HOUSEHOLD, R/O 31B, KUNTAPALANAHALLI VILLAGE, KOLKUNTE POST, DAVANAGERE TQ AND DISTRICT …APPELLANT (BY SMT.SARITHA KULKARNI, ADVOCATE) AND: 1. KRISHNAPPA C., S/O CHANDRAPPA AGE: 34 YEARS, R/O NO.632/3, 3RD CROSS, NITTUVALLI ROAD, BHAGATHSINGH NAGAR, DAVANAGERE-577 001 2. UDAY SHIVAKUMAR S/O RAJANNA AGE MAJOR, R/O NO.1924A/196 MANJUKRUPA NILAYA, BANASHANKARI EXTENSION, DAVANAGERE-577 001 3. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., H BLOCK, I STAGE, DEERUBAI AMBANI KNOWLEDGE CITY NAVL, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33263 MFA No. 7447 of 2022 MUMBAI-400 710 …RESPONDENTS (BY SRI.D.VIJAY KUMAR, ADVOCATE FOR R3 V/O/D 18/04/2023- NOTICE TO R2 AND R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 10.08.2022 PASSED IN MVC NO.618/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE, 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.618/2019 dated 10.08.2022 by the II Addl. Senior Civil Judge and JMFC at Davanagere, whereby the tribunal has granted compensation of amount of Rs.4,93,900/-, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries suffered by the claimant in the road traffic accident occurred on 17.01.2019. The court had granted compensation as per the table given below: - 3 - HC-KAR NC: 2025:KHC:33263 MFA No. 7447 of 2022 Heads Compensation Awarded 1. Loss of future earning capacity Rs. 1,44,000/- 2. Pain and sufferings Rs. 50,000/- 3. Loss of amenities Rs. 10,000/- 4. Loss of income during the laid up period for two months Rs. 16,000/- 5. Nourishment and conveyance Rs. 20,000/- 6. Medical Expenses Rs. 2,53,870/- TOTAL Rs. 4,93,870/- 3. Learned counsel appearing for the appellant submits that the tribunal had taken the income at Rs.8,000/- as this is an accident of the year 2019, tribunal ought to have taken income at Rs.14,000/-. It is submitted that under the head of loss of amenities, the amount granted is not a reasonable amount and under the head of loss of income during the laid up period, tribunal had granted only Rs.16,000/-, it should have been considered for three months. Learned counsel submits that on all counts compensation has to be enhanced. 4. Learned counsel appearing for the Insurance Company submits that the tribunal had granted just and reasonable - 4 - HC-KAR NC: 2025:KHC:33263 MFA No. 7447 of 2022 compensation and there are no grounds to interfere with the compensation granted by the tribunal and the tribunal had granted compensation with interest at 9% . 5. Having heard the learned counsels on either side, perused the entire material on record. Under the head of pain and suffering, medical expenses, attendant and nourishment the tribunal had granted reasonable amount. Then coming to the loss of amenities, considering the disability at 18% this court is granting an amount of Rs.30,000/-. Under the head of loss of income during laid up period, as this an accident of the year 2019, the income is taken at Rs.14,000/- for three months an amount of Rs.42,000/- is granted. Under the head of loss of future income Rs.14,000/- x 12 x 15 x 18/100 this court is granting an amount of Rs.4,53,600/-. 6. 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. Altogether the claimant is entitled for an amount of Rs.8,59,470/-. 1 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2025:KHC:33263 MFA No. 7447 of 2022 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future earning capacity Rs. 1,44,000/- 4,53,600/- 2. Pain and sufferings Rs. 50,000/- 50,000/- 3. Loss of amenities Rs. 10,000/- 30,000/- 4. Loss of income during the laid up period Rs. 16,000/- 42,000/- 5. Attendant, Nourishment and conveyance Rs. 20,000/- 20,000/- 6. Medical Expenses Rs. 2,53,870/- 2,53,870/- 7. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 4,93,870/- 8,59,470/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,93,870/- to Rs. 8,59,470/-. ii. The entire compensation amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. - 6 - HC-KAR NC: 2025:KHC:33263 MFA No. 7447 of 2022 iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. Respondent-Insurance Company shall deposit the compensation amount with accrued interest eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. vi. No Costs. vii. Pending Miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 40