- 1 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5104 OF 2024 (MV-I) BETWEEN: ASHOK V., S/O VISHWANATH NOW AGED ABOUT 32 YEARS R/AT NO 45/12, 10TH CROSS, K B TEMPLE, 6TH BLOCK, RAJAJINAGAR, BENGALURU NORTH BENGALURU - 560 010 …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. IFFCO TOKIO GENERAL INS. CO. LTD., SHRI SHANTHI TOWERS, 5TH FLOOR, NO 141, II M MAIN, EAST TO NGEF LAYOUT, KASTURI NAGAR BENGALURU - 560 001 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 REP. BY ITS MANAGER 2. SHRI SHANKAR AGED MAJOR, RESIDING AT NO 177, 4TH CROSS, 7TH MAIN, BEGUR ROAD, HONGASANDRA BENGALURU - 560 086 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 01.09.2023 PASSED IN MVC NO.1208/2021 ON THE FILE OF THE III ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-18), 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 - 3 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1208/2021 dated 01.09.2023 by the III Addl. Judge, Court of Small Causes & MACT, Bengaluru, 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 sustained by him in the road traffic accident. It is the case of the claimant that on 16.02.2021 at about 9.00 a.m the claimant was proceeding in a two wheeler near Hongasandra, Bengaluru slowly, at that time, motor cycle driven by its rider with high speed came in a rash and negligent manner and dashed against the claimant’s vehicle. Due to the impact, the claimant fell down and sustained grievous injuries. Considering the injuries, the tribunal has awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 50,000/- 2. Loss of income during the laid up period : Rs. 15,000/- 3. Medical expenses : Rs. 1,04,369/- 4. Attendant, nourishment and : Rs. 15,000/- - 4 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 conveyance charges 5. Loss of future income : Rs. 3,45,600/- 6. Loss of amenities : Rs. 20,000/- 7. Future medication : Rs. 20,000/- TOTAL : Rs. 5,69,969/- 3. Learned counsel appearing for the claimant submits that the tribunal had failed to grant the reasonable compensation. Under the head of loss of income during the laid up period, the tribunal had granted only Rs.15,000/-. Further, it is submitted that when it is the evidence of the doctor that he has sustained 45% disability to the limb and 15% disability to the whole body, the tribunal had taken 12% which is not correct. It is submitted that under the head of loss of amenities and future medication the amount granted by the tribunal is not just and reasonable. 4. Learned counsel appearing for the respondent/ insurance company submits that the claimant had sustained right midshaft humerus fracture with implant in situ and the Tribunal has rightly taken the disability at 12%. It is submitted that even on the other counts, the amount that is awarded by - 5 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 the tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsel on either side, perused the entire material on record. As rightly argued by the learned counsel appearing for the insurance company, under the head of pain and suffering, medical expenses, incidental expenses the Tribunal had rightly granted the compensation. Coming to the loss of income during the laid up period, this Court is inclined grant an amount for 3 months i.e, Rs.45,000/-. Then coming to the disability, as per the table the tribunal had rightly taken disability at 12% and this court do not find any reasons to interfere. Coming the loss of amenities, this court is granting an amount of Rs.40,000/-. Towards future operation, this court is granting an amount of Rs.30,000/-. 6. In the light of the law laid down by the Hon’ble Apex Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. - 6 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 7.The claimant is entitled for compensation for an amount of Rs.6,39,969/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 50,000/- 50,000/- 2. Loss of income during the laid up period Rs. 15,000/- 45,000/- 3. Medical expenses Rs. 1,04,369/- 1,04,369/- 4. Attendant, nourishment & conveyance charges Rs. 15,000/- 15,000/- 5. Loss of future income Rs. 3,45,600/- 3,45,600/- 6. Loss of amenities Rs. 20,000/- 40,000/- 7. Future medication Rs. 20,000/- 30,000/- 8. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 5,69,969/- 6,39,969/- i. Accordingly, the appeal filed by the claimant is Partly Allowed by enhancing the compensation from an amount of Rs.5,69,969/- to Rs.6,39,969/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The delay of 230 days is condoned as per the order dated 11.08.2025 and the claimant is - 7 - HC-KAR NC: 2025:KHC:40673 MFA No. 5104 of 2024 not entitled for interest for the delayed period. 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. The apportionment of the amount shall be as per the order passed by the Tribunal. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 92