- 1 - HC-KAR NC: 2025:KHC:33253 MFA No. 977 of 2023 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. 977 OF 2023 (MV-I) BETWEEN: PRADEEP M., S/O MUNIKRISHNAIAH AGED ABOUT 27 YEARS R/AT HUNASEGATTEPALYA HONNASANDRA POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. CHARAN G., S/O GOVINDARAJU AGED MAJOR R/AT HUNASEGATTEPALYA HONNASANDRA POST KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT 2. THE MANAGER LIBERTY GENERAL INSURANCE CO. LTD., NO.1, ALYSSA, 1ST FLOOR, REAR PORTION, OLD NO 28 NEW NO.23, RICHMOND ROAD BANGALORE -560 026 …RESPONDENTS (BY SRI.RAVI S SAMPRATHI, ADVOCATE FOR R2 V/O/DATED: 13/06/2025- NOTICE TO R1 IS DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33253 MFA No. 977 of 2023 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2022 PASSED IN MVC NO.2232/2020 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, 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.2232/2020 dated 01.12.2022 by the VII Addl. SCJ and ACMM & Member 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.18,50,000/- for the injuries sustained by him in the road traffic accident occurred on 18.06.2020 and tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and suffering Rs. 20,000/- 2. Medical Expenses Rs. 4,86,811/- 3. Loss of income during the laid up period Rs. 14,500/- 4. Attendant conveyance, food and nourishment charges Rs. 7,000/- - 3 - HC-KAR NC: 2025:KHC:33253 MFA No. 977 of 2023 5. Loss of future income Rs. 62,640/- 6. Loss of Amenities Rs. 10,000/- TOTAL Rs. 6,00,951/- 3. Learned counsel appearing for the claimant submits that the tribunal considering the injuries under the head of pain and suffering has granted only Rs.20,000/-. Coming to the loss of income during the laid up period, the tribunal had granted compensation of Rs.14,500/- for recovering from injuries only for 1 month. Further, as far as the loss of future income is concerned, when the doctor has deposed that there is 10% disability to the whole body, the tribunal had taken only 2%. Under the head of loss of amenities, tribunal had granted only Rs.10,000/-.It is submitted that on all counts the compensation needs to be enhanced. 4. Learned counsel appearing for the insurance company submits that the tribunal had rightly granted the compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the fracture, dislocation, one fracture injury that is sustained, under the - 4 - HC-KAR NC: 2025:KHC:33253 MFA No. 977 of 2023 head of pain and suffering, this court is granting an amount of Rs.40,000/-. The doctor has deposed that the claimant has sustained 10% disability and without any basis the tribunal had taken 2% as disability. This court is taking 10% as disability. Considering the disability at 10%, under the head of loss of amenities this court is granting an amount of Rs.20,000/-. Towards of loss of future income, taking Rs.14,500/- as income, this court is granting an amount of Rs.3,13,200/- (Rs.14,500/- x 12 x 18 x 10/100 = Rs.3,13,200/-). Then coming to the loss of income during the laid up period, as he has sustained fracture, this court is taking two months time get recover, granting an amount of Rs.29,000/- (Rs.14,500/- x2 =Rs.29,000/-). Towards attendant and conveyance charges and medical expenses, the tribunal had rightly granted compensation and no interference is called for. 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 1 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2025:KHC:33253 MFA No. 977 of 2023 Rs.10,000/- towards Legal Expenses. Altogether the claimant is entitled for an amount of Rs.9,06,011/-. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 20,000/- 40,000/- 2. Medical Expenses Rs. 4,86,811/- 4,86,811/- 3. Loss of income during the laid up period Rs. 14,500/- 29,000/- 4. Attendant conveyance, food and nourishment charges Rs. 7,000/- 7,000/- 5. Loss of future income Rs. 62,640/- 3,13,200/- 6. Loss of Amenities Rs. 10,000/- 20,000/- 7. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 6,00,951/- 9,06,011/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.6,00,951/- to Rs.9,06,011/-. ii. The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. - 6 - HC-KAR NC: 2025:KHC:33253 MFA No. 977 of 2023 iii. 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. iv. 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. v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 41