- 1 - HC-KAR NC: 2025:KHC:46262 MFA No. 3253 of 2025 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.3253/2025 (MV-I) BETWEEN: SMT. BASAMMA W/O BASAVARAJASHETTY AGED 60 YEARS, R/AT ALAGANCHI VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK-571301. …APPELLANT (BY SMT. MANJULA, ADVOCATE FOR SRI. NAGARAJA R. C., ADVOCATE) AND: 1. MR. UMESHA S/O MAHADEVASWAMY, AGED ABOUT 36 YEARS R/AT NO.185, OOTY ROAD, CHAMUNDI PADA, NEAR KARMALA PETROL BUNK, MYSURU- 571 010. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46262 MFA No. 3253 of 2025 2. DIVISIONAL MANAGER K.S.R.T.C., CHAMARAJANAGAR DIVISION, CHAMARAJANAGAR-571313. …RESPONDENTS (V/O/D 09.06.2025 NOTICE TO R1 IS D/W SRI K NAGARAJA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2024 PASSED IN MVC NO. 771/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, NANJANGUD, 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:46262 MFA No. 3253 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.771/2019 dated 07.11.2024 by the Senior Civil Judge and JMFC, Nanjangud, whereby the Tribunal had awarded the compensation of an amount of Rs.99,875/-, the claimant is before this Court seeking enhancement of the compensation. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Towards pain and suffering Rs. 20,000/- 2. Towards medical expenses Rs. 48,875/- 3. Towards food, nourishment charges Rs. 10,000/- 4. Towards Transportation charges Rs. 6,000/- 5. Towards laid up charges Rs. 15,000/- Total Rs. 99,875/- 2. Learned counsel appearing for the appellant/ claimant submits that the Tribunal had failed to grant just and reasonable compensation under the head of pain and suffering. It is submitted that towards loss of income during the laid up period and loss of amenities no amount is granted by the Tribunal. It is further submitted that when the doctor had - 4 - HC-KAR NC: 2025:KHC:46262 MFA No. 3253 of 2025 deposed that the claimant had sustained the disability to the upper limb at 24%, just on the ground that he was discharged from the hospital after surgery in two days, the Tribunal had not considered the same. It is submitted that on all the other counts, the Tribunal had not granted just and reasonable compensation and the same needs to be enhanced. 3. Learned counsel appearing for respondent No.2/ Insurance Company submits that when the claimant was there in the hospital for three days, under the incidental expenses, the Tribunal had granted an amount of Rs.16,000/- which is on the higher side. It is further submitted that on all the other counts also the Tribunal has awarded just and reasonable compensation and no enhancement is called for. 4. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the claimant had sustained one fracture injury, this Court is granting an amount of Rs.40,000/- towards pain and suffering. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.48,875/- and this Court is not interfering with the same. Coming to the incidental expenses, - 5 - HC-KAR NC: 2025:KHC:46262 MFA No. 3253 of 2025 as it is argued by the learned counsel for the Insurance Company, for three days of hospitalization an amount of Rs.16,000/- granted by the Tribunal is on the higher side. Hence, this Court is granting an amount of Rs.3,000/- towards incidental expenses. Towards loss of income during the laid up period, this Court is granting an amount of (14000X3)=Rs.42,000/-. Coming to the loss of future income, just because the claimant was discharged from the hospital within two days that itself is not a ground for the Tribunal not to grant the loss of future income. As the doctor had deposed that the disability is 24% to the upper limb, 1/4th of it comes to 6%. Hence, this Court is granting an amount of (14000X12X9X6/100)= Rs.90,720/- towards loss of future income. Towards loss of amenities this Court is granting an amount of Rs.20,000/-. 5. 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. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46262 MFA No. 3253 of 2025 6. The claimant is 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. Towards pain and suffering Rs. 20,000/- 40,000/- 2. Towards medical expenses Rs. 48,875/- 48,875/- 3. Towards food, nourishment charges Rs. 10,000/- 3,000/- 4. Towards Transportation charges Rs. 6,000/- 5. Towards laid up charges Rs. 15,000/- 42,000/- 6. Towards loss of future income Rs. 00/- 90,720/- 7. Loss of amenities Rs. 00/- 20,000/- 8. Towards legal expenses Rs. 00/- 10,000/- Total Rs. 99,875/- 2,54,595/- 7. Altogether, the claimant is entitled for compensation of an amount of Rs.2,54,595/-. 8. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.99,875/- to Rs.2,54,595/- and the Insurance Company is liable to pay the compensation amount. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 7 - HC-KAR NC: 2025:KHC:46262 MFA No. 3253 of 2025 ii) Respondent No.2/Insurance Company shall pay the compensation. 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 CT:bms List No.: 1 Sl No.: 93