- 1 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 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. 8095 OF 2023 (MV-I) BETWEEN: SRI. S.T. PUTTASWAMY S/O. LATE SIDDEGOWDA, AGED ABOUT 66 YEARS, R/AT NO.37, 14TH CROSS, JAYALAKSHMAMMA LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU NORTH, NAGARABHAVI, BENGALURU - 560 072 …APPELLANT (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. SRI. RAVI S/O LATE MARIYAIAH, AGED ABOUT 30 YEARS, R/AT KALLAPURA VILLAGE JAGADAPURA, V PURA HOBLI, CHANNAPATTANA TALUK, RAMANAGAR - 571 501 2. NEW INDIA ASSURANCE CO LTD BENGALURU REGIONAL OFFICE, NO.2-B, UNITY BUILDINGS ANNEX, P. KALINGA RAO ROAD, MISSION ROAD, BENGALURU - 560 027 …RESPONDENTS (VIDE ORDER DATED 29.01.2025, NOTICE TO R1 IS DISPENSED WITH SRI. B. PRADEEP, ADVOCATE FOR R2) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.09.2023 PASSED IN MVC NO.969/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.969/2022 dated 04.09.2023 by the learned VII Additional Small Causes Judge and ACMM and Motor Accident Claims Tribunal, Bengaluru, the appellant/petitioner is before this Court seeking enhancement of the compensation. 2. The facts of the case is that on 23.03.2021 at about 03:15 p.m., when claimant was proceeding to Kodamballi Village from his Village Sogaali via Kalikere on his motor bike (Passion Pro) near Kondapura Harija Colony Cross, one Tata Ace goods vehicle came from opposite direction driven by its driver/respondent No.1 in rash and negligent manner and dashed against the claimant's vehicle. Due to this, he - 3 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 sustained grievous injuries. Immediately after the accident the claimant was shifted to Aastha Orthopedic Center at Kamakya Layout, BSK 3rd Stage, Bengaluru and admitted as inpatient and has undergone surgery. The claimant had spent huge amount towards treatment and other incidental charges. Prior to the accident, the claimant was hale and healthy and after retiring as a Teacher of Government School, he was supervising the agricultural activities at his Village near Channapatna and he is having 13 acre of land which stands in the name of his mother. All his brothers have pre-deceased, therefore there is no one else in his family who can supervise the agricultural land which consists of coconut and mango trees, the claimant after supervising the said land, he was generating an amount of Rs.5,00,000/- p.a., but now due to lack of supervision, he is getting income of Rs.1,50,000/-. Due to the accident he had lost his income. The accident occurred due to the rash and negligent driving of the driver of offending TATA Ace goods vehicle. Even a criminal case was registered against the said TATA Ace goods vehicle driver. The respondent No.1 being the owner cum driver and the respondent No.2 being the insurer of the said offending TATA Ace goods vehicle are jointly and - 4 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 severally liable to pay the compensation. Hence, this petition is filed. 3. The claim petition is filed seeking compensation of an amount of Rs.40,00,000/- for the injuries sustained by the claimant in the road traffic accident. Because of the injuries sustained in the said accident, there is shortening of leg. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 25,000/- 2. Loss of amenities : Rs. 10,000/- 3. Medical expenses : Rs. 1,03,150/- 4. Future medical expenses : Rs. Not considered 5. Conveyance, Food, Nourishment and Attendant charges. : Rs. 7,000/- 6. Loss of income during laid up period and rest period. : Rs. 15,000/- TOTAL : Rs. 1,60,150/- 4. Learned counsel appearing for the appellant submits that when the claimant had sustained the injuries and also there is shortening of the leg, under the head of pain and - 5 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 suffering only an amount of Rs.25,000/- was awarded. It is submitted that the disability to the whole body is 18.39% and 55.17% to the right lower limb. Towards loss of amenities, the Tribunal had granted only an amount of Rs.10,000/-. Towards future medical expenses also no amount is awarded by the Tribunal. It is submitted that the Tribunal has not granted any amount towards future loss of income and on all the counts, the amount has to be enhanced. 5. Learned counsel appearing for the respondent No.2/Insurance Company submits that the Tribunal basing on the evidence had rightly granted the compensation and enhancement is not required. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievous injuries sustained by the claimant, under the head of pain and sufferings, this Court is granting an amount of Rs.40,000/-. Towards medical expenses basing on the evidence, the Tribunal has already granted reasonable compensation and therefore, no interference is called for. The claimant had stayed in the hospital for 7 days. Under the head - 6 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 of conveyance, food, nourishment and attendant charges, the Tribunal had granted an amount of Rs.7,000/-, which is reasonable and therefore no interference is called for. 7. Coming to the head of loss of income during laid up period, as the accident has occurred in the year 2021, considering the notional income an amount of Rs.15,000/- per month, as it is stated that he was sitting idled for a month, towards loss of income during laid up period this Court is granting an amount of Rs.15,000/-. Under the head of loss of amenities, considering the injuries sustained by the claimant, this Court is granting an amount of Rs.50,000/-. Towards future medical expenses this Court is granting an amount of Rs.30,000/-. As far as future loss of income is concerned, considering the injuries, this Court is granting an amount of Rs.50,000/-. 8. The claimant is therefore, entitled to the compensation under the following heads: - 7 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 25,000/- 40,000/- 2. Loss of amenities : Rs. 10,000/- 50,000/- 3. Medical expenses : Rs. 1,03,150/- 1,03,150/- 4. Future medical expenses : Rs. 00/- 30,000/- 5. Conveyance, Food, Nourishment and Attendant charges. : Rs. 7,000/- 7,000/- 6. Loss of income during laid up period and rest period : Rs. 15,000/- 15,000/- 7. Loss of future income : Rs. ---- 50,000/- 8. Legal expenses : Rs. ---- 10,000/- TOTAL : Rs. 1,60,150/- 3,05,150/- ENHANCEMENT : Rs. 1,45,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.3,05,150/-. 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,60,150/- to Rs.3,05,150/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 8 - HC-KAR NC: 2025:KHC:32621 MFA No. 8095 of 2023 ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) 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. 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 PHM List No.: 1 Sl No.: 27