- 1 - HC-KAR NC: 2025:KHC:44558 MFA No. 8192 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8192 OF 2024 BETWEEN: SRI. MALLIKARJUNA. C. S. S/O PUTTASWAMAIAH AGED ABOUT 40 YEARS, R/AT NO.6/6, BEGUR MAIN ROAD, BOMMANAHALLI, BENGALURU-560066 …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. SRI. CHANDRASHEKAR. H S/O HANUMANTHARAYAPPA MAJOR R/AT HOSUR VILLAGE, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561210 (RC OWNER OF CAR BEARING NO.KA-05-B-1498) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44558 MFA No. 8192 of 2024 2. THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE CO LTD NO.28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, M G ROAD BENGALURU-560001 (POLICY NO.991792223380002262 VALID FROM 31/01/2022 TO 30-01-2022) …RESPONDENTS (V/O DT.31.07.2025 NOTICE TO R1 IS DISPENSED WITH SRI. T.N. MALATHI., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2024 PASSED IN MVC NO.5175/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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:44558 MFA No. 8192 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5175/2022 dated 24.09.2024 by the Chief Judge, Court of Small Causes & Member, Prl. MACT, Bangalore, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 65,000/- 2. Medical expenses : Rs. 1,87,676/- 3. Attendant, conveyance & nourishment charges : Rs. 30,000/- 4. Loss of income during laid up period : Rs. 90,000/- 5. Loss of amenities and future happiness : Rs. 40,000/- TOTAL : Rs. 4,12,676/- 3. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not granted a just and reasonable compensation. It is submitted that the amount that is awarded by the Tribunal under the head of pain and suffering - 4 - HC-KAR NC: 2025:KHC:44558 MFA No. 8192 of 2024 is not just and reasonable. It is submitted that no amount was granted towards loss of future income and on all other heads, the amount that is awarded by the Tribunal is on the lower side and the compensation needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that already the Tribunal had granted a just and reasonable compensation and further, though the doctor had deposed that the claimant had suffered disability, as the claimant was able to depose before the Tribunal, the Tribunal had not granted any amount towards loss of future income and there are no grounds to interfere. Further, it is submitted that when the claimant was in the hospital for 12 days, the Tribunal had granted an amount of Rs.30,000/- under the head of attendant, conveyance and nourishment charges which is on higher side. It is submitted that the compensation that is awarded by the Tribunal is on the higher side and there are no grounds made out seeking enhancement of the compensation. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the head - 5 - HC-KAR NC: 2025:KHC:44558 MFA No. 8192 of 2024 injury sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.70,000/-. As far as the medical expenses and loss of amenities are concerned, no interference is called for. Coming to the attendant, conveyance and nourishment charges, considering the 12 days of hospitalization, this Court is granting an amount of Rs.12,000/-. Then coming to the loss of future income, as the doctor had deposed that the claimant had suffered 10% disability, the Tribunal ought to have taken that into consideration. On the ground that he is able to depose before the Tribunal, that cannot be a reason for the Tribunal not to consider the disability. Hence, under the head of loss of future income, this Court is granting an amount of Rs.2,79,000/- (Rs.15,500×12×15×10/100). Coming to the loss of income during laid up period, for four months, this Court is inclined to grant an amount of Rs.62,000/- (Rs.15,500x4). 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 - 6 - HC-KAR NC: 2025:KHC:44558 MFA No. 8192 of 2024 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 65,000/- 70,000/- 2. Medical expenses Rs. 1,87,676/- 1,87,676/- 3. Attendant, conveyance & nourishment charges Rs. 30,000/- 12,000/- 4. Loss of income during laid up period Rs. 90,000/- 62,000/- 5. Loss of amenities and future happiness Rs. 40,000/- 40,000/- 6. Loss of future income Rs. 00/- 2,79,000/- 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 4,12,676/- 6,60,676/- 8. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,12,676/- to Rs.6,60,676/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:44558 MFA No. 8192 of 2024 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The 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 without furnishing any security iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 1