- 1 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 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. 5635 OF 2025 C/W MISCELLANEOUS FIRST APPEAL NO. 5648 OF 2025 IN MFA No. 5635/2025 BETWEEN: SRI. CHITRALINGA S/O. CHITAIAH, AGED ABOUT 37 YEARS, RESIDENT OF NO. 3-M, KARIGANIPALLI, TENEGAL, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515766. …APPELLANT (BY SRI. SUBRAMANI G N., ADVOCATE) AND: 1. SRI. ERISWAMY S/O. RAMMURTI, NO.2/51, JAMMACHETU VEEDI, KUNDURPI, ANANTHAPURI DISTRICT, ANDHRA PRADESH-515 766. 2. CHOLAMANDALAM M/S. GENERAL INSURANCE CO. LTD., UNIT-4, 9TH FLOOR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 LEVEL 06, GOLDEN HEIGHTS, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU-560010 REP BT ITS MANAGER. …RESPONDENTS (BY V/O DTD. 29/10/2025 NOTICE TO R1 IS D/W SRI. B. PRADEEP., ADVOCATE FOR R2) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.04.2024 PASSED IN MVC NO. 4543/2021 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5648/2025 BETWEEN: PAGADALA POOJARI MALLIKARJUNA S/O. P. YALLAPPA, AGED ABOUT 45 YEARS, RESIDENT OF NO. 3-123, NEAR YALLAMMA TEMPLE, KARIGANIPALLI, KUNDURPI, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515 766. ...APPELLANT (BY SRI. SUBRAMANI G N., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 AND: 1. SRI. ERISWAMY S/O. RAMMURTI, NO.2/51, JAMMACHETU VEEDI, KUNDURPI, ANANTHAPURI DISTRICT, ANDHRA PRADESH-515 766. 2. CHOLAMANDALAM M/S. GENERAL INSURANCE CO. LTD., UNIT 4, 9TH FLOOR, LEVEL 06, GOLDEN HEIGHTS, 59TH CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU-560 010. ...RESPONDENTS (BY V/O DTD. 04/11/2025 NOTICE TO R1 IS D/W SRI. B. PRADEEP., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.07.2024 PASSED IN MVC NO. 4542/2021 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU (SCCH-23) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: [CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 ORAL JUDGMENT Aggrieved by the awards passed in MVC.Nos.4543 and 4542/2021 dated 04.07.2024 by the XXI Additional Small Causes Judge & ACMM, Bengaluru, both the claimants are before this Court by filing MFA.Nos.5635 and 5648/2025 respectively, seeking enhancement of the compensation. The Tribunal had disposed of by way of common order and this Court is also disposing of these appeals by way of common order. MFA.NO.5635/2025 arising out of MVC.NO.4543/2021 2. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Attendant charges, extra nutritious food & conveyance charges : Rs. 18,000/- 2. Pain and sufferings : Rs. 40,000/- 3. Loss of income during laid up period : Rs. 60,000/- 4. Medical expenses : Rs. 98,000/- 5. Loss of future income due to disability : Rs. 4,32,000/- - 5 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 6. Loss of amenities & happiness : Rs. 40,000/- 7. Future medical and other incidental expenses : Rs. 25,000/- TOTAL : Rs. 7,13,000/- 3. Learned counsel appearing for the claimant submits that when the limb disability is 58%, the Tribunal ought to have taken 18% to the whole body, but the Tribunal had taken 15%. Even under the other heads also, the compensation that is awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted reasonable compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Under the head of attendant charges, extra nutritious food & conveyance charges, pain and suffering, loss of income during laid up period, medical expenses, loss of future amenities and happiness, future medical and other incidental expenses, the Tribunal had granted reasonable amounts and no enhancement is called for. - 6 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 When it comes to loss of future income due to disability, when the doctor had given the evidence that the limb disability is 58%, the Tribunal ought to have taken 18% as the whole body disability. Hence, this Court is taking the disability at 18%. Towards loss of future income due to disability, this Court is granting an amount of Rs.5,18,400/- (15,000×12×16× 18/100). 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 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. Attendant charges, extra nutritious food & conveyance charges Rs. 18,000/- 18,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 2. Pain and sufferings Rs. 40,000/- 40,000/- 3. Loss of income during laid up period Rs. 60,000/- 60,000/- 4. Medical expenses Rs. 98,000/- 98,000/- 5. Loss of future income due to disability Rs. 4,32,000/- 5,18,400/- 6. Loss of future amenities & happiness Rs. 40,000/- 40,000/- 7. Future medical and other incidental expenses Rs. 25,000/- 25,000/- 8. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 7,13,000/- 8,09,400/- 8. Altogether, the claimant in MVC.No.4543/2021 is entitled for compensation of an amount of Rs.8,09,400/-. In MFA.NO.5648/2025 arising out of MVC.NO.4542/2021 9. The Tribunal had awarded compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Attendant charges, extra nutritious food & conveyance charges : Rs. 10,000/- - 8 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 2. Pain and suffering : Rs. 80,000/- 3. Loss of income during laid up period : Rs. 60,000/- 4. Medical expenses : Rs. 1,01,000/- 5. Loss of future income due to disability : Rs. 10,08,000/- 6. Loss of future amenities & happiness : Rs. 80,000/- 7. Future medical and other incidental expenses : Rs. 70,000/- TOTAL : Rs. 14,09,000/- 10. Learned counsel appearing for the claimant submits that according to the doctor, the claimant had sustained permanent physical disability of 85% to the right lower limb, but the Tribunal had taken the disability at 40%. It is submitted that the Tribunal ought to have taken the disability at 85%. It is submitted that the Tribunal had failed to grant just and reasonable compensation. 11. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had granted just and reasonable compensation and no interference is called for. 12. Having heard the learned counsels on either side, perused the entire material on record. In this case, the claimant had sustained the crush injury to right knee and had - 9 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 undergone surgery in the form of knee amputation. Considering the same, this Court is inclined to take the disability at 70% and as the accident had occurred in the year 2021, the notional income is taken at Rs.15,000/- and this Court is inclined to take future prospects at 25%. Then the income will come to Rs.18,750/- (Rs.15,000+ Rs.3,750). Hence, towards loss of future income due to disability, this Court is granting an amount of Rs.22,05,000/- (Rs.18,750×12×14×70/100). Considering the amputation, this Court is granting an amount of Rs.1,50,000/- towards pain and suffering. Towards loss of future amenities and happiness, this Court is granting an amount of Rs.1,00,000/-. Towards medical expenses, the Tribunal had granted reasonable compensation and no interference is called for. Coming to the loss of income during laid up period, the Tribunal had granted reasonable compensation and no interference is called for. Towards future medical and other incidental expenses, considering the amputation, this Court is granting an amount of Rs.1,00,000/-. 13. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 10 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 14. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Attendant charges, extra nutritious food & conveyance charges Rs. 10,000/- 10,000/- 2. Pain and sufferings Rs. 80,000/- 1,50,000/- 3. Towards loss of income during laid up period Rs. 60,000/- 60,000/- 4. Medical expenses Rs. 1,01,000/- 1,01,000/- 5. Loss of future income due to disability Rs. 10,08,000/- 22,05,000/- 6. Loss of amenities Rs. 80,000/- 1,00,000/- 7. Future medical and other incidental expenses Rs. 70,000/- 1,00,000/- 8. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 14,09,000/- 27,36,000/- 2 (2014) 11 SCC 178 - 11 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 15. Altogether, the claimant in MVC.No.4542/2021 is entitled for compensation of an amount of Rs.27,36,000/-. 16. Accordingly, MFA.No.5648/2025 filed by the claimant in MVC.No.4542/2021 is partly allowed by enhancing the compensation from an amount of Rs.14,09,000/- to *Rs.27,36,000/-. 17. MFA.No.5635/2025 filed by the claimant in MVC.No.4543/2021 is partly allowed by enhancing the compensation from an amount of Rs.7,13,000/- to Rs.8,09,400/-. 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. On 04.11.2025, the delay of 296 days in filing MFA.Nos.5635/2025 and 5648/2025 is condoned by this Court, on the condition that the claimants will * Corrected vide chamber order dated: 14/01/2026. - 12 - HC-KAR NC: 2025:KHC:44563 MFA No. 5635 of 2025 C/W MFA No. 5648 of 2025 not be entitled for the interest for the delayed period. Hence, the Insurance Company is not liable to pay the interest for the delayed period. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 3