- 1 - HC-KAR NC: 2025:KHC:38838 MFA No. 65 of 2023 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. 65 OF 2023 (MV-I) BETWEEN: NEELA W/O MADHU, AGED 27 YEARS R/AT MADAPURA VILLAGE AMBAPURA VILLAGE DAKHLE VIRUPRAKSHAUPRA HOBLI CHANNAPATNA TALUK AND ALSO R/AT NO 1536/3 2ND CROSS, IJUR RAMANGARA TOWN - 562 159 …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. MOHAN KUMAR H. M. S/O MAHADEVA M. AGED MAJOR R/AT NO. 467, SATAGALLI LAYOUT NEAR VENAKTARAMANA TEMPLE MYUSRU - 570 029 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38838 MFA No. 65 of 2023 PRESENTLY R/AT HUCHAYANDADODDI VILLGE TAGACHAGERE POST CHANNAPATNA TALUK - 562 160 2. THE ORIENTAL INS. CO. LTD., BY ITS MANAGER, LEO SHOPPING COMPLEX, 4TH FLOOR, M. G. ROAD, BENGALURU - 560 001 …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2; V/O DATED 19.03.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.11.2022 PASSED IN MVC NO.288/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, 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:38838 MFA No. 65 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.288/2021 dated 19.11.2022 by the Prl. Senior Civil Judge & CJM, Ramanagara, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. It is the case of the claimant that on 15.05.2021 at about 5.30 p.m., while she was travelling on bike as pillion rider, the rider of the bike rode the same in very rash and negligent manner and dashed against the vehicle and sustained fracture injuries. She was doing tailoring work earning an amount Rs.30,000/- per month. The Tribunal had taken the income at Rs.10,300/- and granted the compensation as per the table given below: Sl.No Heads Compensation Awarded 1. Pain and suffering : Rs. 1,00,000/- 2. Loss of amenities : Rs. 20,000/- 3. Loss of future income : Rs. 2,66,976/- 4. Loss of income during the laid up period : Rs. 61,800/- 5. Food, : Rs. 35,000/- - 4 - HC-KAR NC: 2025:KHC:38838 MFA No. 65 of 2023 Nourishment, attendant & travelling charges 6. Medical Expenses : Rs. 1,74,692/- TOTAL : Rs. 6,58,468 rounded off to Rs.6,58,500/- 3. Learned counsel appearing for the claimant submits that the Tribunal ought not have taken the income at Rs.10,300/-. It is submitted that apart from doing the working in a garment factory she is doing the tailoring work and the Tribunal has failed to take the income as stated by the claimant, it is submitted that even under the other heads also the amount that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the insurance company submits that the Tribunal had rightly granted the compensation as per the evidence available on record and no enhancement is called for. 5. Having heard the learned counsel on either side, perused the entire material on record. The Tribunal under the head of pain and suffering, food, nourishment & - 5 - HC-KAR NC: 2025:KHC:38838 MFA No. 65 of 2023 attendant charges, travel expenses, Medical expenses and also under the head of loss of amenities has granted a reasonable amount. Then coming to the income, according to the claimant she is earning an amount of Rs.30,000/- per month by doing tailoring work, there is no evidence in that regard. As the accident had occurred in the year 2021, as per the chart prepared by the Karnataka State Legal Service Authority, this Court is taking Rs.15,000/- as income of the deceased. Under the head of loss of income during the laid up period, for 5 months this court is granting an amount of Rs.75,000/-. Towards loss of future income this court is inclined to grant an amount of Rs.3,88,800/- (Rs.15,000/- x12x18x12/100=Rs.3,88,800/-). Towards Future Medical expenses this court is granting an amount Rs. Rs.30,000/-. 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 for an amount of Rs.8,75,166/- under the following heads: - 6 - HC-KAR NC: 2025:KHC:38838 MFA No. 65 of 2023 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 1,00,000/- 1,00,000/- 2. Loss of amenities : Rs. 20,000/- 20,000/- 3. Loss of future income : Rs. 2,66,976/- 3,88,800/- 4. Loss of income during the laid up period : Rs. 61,880/- 75,000/- 5. Food, Nourishment, attendant & travelling charges : Rs. 35,000/- 35,000/- 6. Medical Expenses : Rs. 1,74,692/- 1,74,692/- 7. Future Medical expenses : Rs. 00/- 30,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 6,58,468 rounded off to Rs.6,58,500/- 8,33,492/- i) Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.6,58,500/- to Rs.8,33,492/-. ii) The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. - 7 - HC-KAR NC: 2025:KHC:38838 MFA No. 65 of 2023 iii) The apportionment of the amount shall be as per the order passed by the Tribunal. iv) Respondent-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. v) 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. vi) No Costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 20