- 1 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1959 OF 2020(MV-I) BETWEEN: SRI THIPPESWAMY, AGED ABOUT 39 YEARS, S/O LATE NARASAPPA NATIVE OF GANGASANDRA Y N HOSAKOTE HOBLI, PAVAGADA TALUK, AND NOW R/AT C/O MARAPPA SHIVAMUKAMBIKANAGARA 2ND CROSS, UPPARAHALLI TUMKUR CITY …APPELLANT (BY SRI. ROHIT B., ADVOCATE FOR SRI. NAGESH S., ADVOCATE) AND: 1. NARASIMHAMURTHY P. N. S/O ADISHESHA @ PALAVALLI ADISHESHA AGED ABOUT 51 YEARS R/A SRI VIJAYALAKSHMI MOTORS NEW EXTENSION, DEVARAYAPATNA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 TUMKURU CITY 2. THE MANAGER IFFCO TOKIA GENERAL INSURANCE CO. LTD. MBA MANSION, 1ST FLOOR 3RD CROSS, ABOVE UCO BANK GENRAL KARIYAPPA ROAD TUMKURU CITY …RESPONDENTS (BY SRI. LOKESH R., ADVOCATE FOR R1; SRI. B. PRADEEP FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.09.2019 IN MVC NO.455/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.455/2018 dated 16.09.2019 by the II Addl. District Judge & MACT, Tumakuru whereby the Tribunal had granted compensation of an amount of Rs.4,02,000/-, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is file seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident occurred on 04.12.2017. On 04.12.2017 at about 9.00 a.m. the claimant along with the pillion rider was proceeding on the motorcycle on the left side of madhugiri-tumakuru road, a bus being driven by its driver in a rash and negligent manner with high speed dashed to the motorcycle and caused the accident. As a result, the claimant as well as the pillion rider fell down and sustained multiple injuries. Considering the injuries, the tribunal had granted compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 24,000/- 2. Medical Expenses : Rs. 9,539/- 3. Food and Attendant : Rs. 30,000/- - 4 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 charges 4. Loss of future income : Rs. 2,59,200/- 5. Loss of income during the laid up period : Rs. 24,000/- 6. Loss of Amenities : Rs. 25,000/- 7. Loss of Future medical expenses : Rs. 30,000/- TOTAL : Rs. 4,01,739/- rounded off to Rs.4,02,000/- 3. Learned counsel appearing to the claimant submits that when the claimant had sustained three fractures, under the head of pain and suffering the amount that is awarded by the Tribunal is not a reasonable amount. Then coming towards loss of income during the laid up period when the accident had taken place in the year 2017, Tribunal had taken the income at Rs.8,000/- instead of Rs.11,000/-. It is submitted that the amount that is granted for loss of amenities and under other conventional heads is also not a reasonable amount. 4. Learned counsel appearing for insurance company submits the amount that is awarded by the Tribunal is a just and reasonable compensation and no interference is called for. 5. Having heard the learned counsel on either side, perused the entire material on record. Considering the three - 5 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 fractures injuries sustained by the claimant, under the head of pain and suffering this court is granting an amount of Rs.60,000/-. Under the head of medical expenses, future medical expenses and incidental charges, the Tribunal has rightly granted the compensation and no interference is called for. Then towards loss of income during the laid up period, taking income at Rs.11,000 for 4 months, this court is granting an amount of Rs.44,000/-. Towards loss of future income, this court is inclined to grant an amount of Rs.3,56,400/- (Rs.11,000/- x 12 x 15 x 18/100 = Rs.3,56,400/-) . Considering the injuries sustained by the claimant, under the head of loss of amenities, this court is granting an amount of Rs.35,000/-. 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 ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: - 6 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 24,000/- 60,000/- 2. Medical Expenses Rs. 9,539/- 9,539/- 3. Food and Attendant charges Rs. 30,000/- 30,000/- 4. Loss of future income Rs. 2,59,200/- 3,56,400/- 5. Loss of income during the laid up period Rs. 24,000/- 44,000/- 6. Loss of Amenities Rs. 25,000/- 35,000/- 7. Future medical expenses Rs. 30,000/- 30,000/- 8. Legal expenses Rs. 10,000/- TOTAL Rs. 4,01,739/- rounded off to Rs.4,02,000/- 5,74,939/- Altogether the claimant is entitled for compensation for an amount of Rs.5,74,939/-. i. Accordingly, the appeal filed by the claimant is Partly Allowed by enhancing the compensation from an amount of Rs.4,02,000/- to Rs.5,74,939/-. - 7 - HC-KAR NC: 2025:KHC:38834 MFA No. 1959 of 2020 ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. Respondent No.1-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS, List No.: 3 Sl No.: 15