- 1 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4054 OF 2024 (MV-I) BETWEEN: SAJI K.V., AGED ABOUT 41 YEARS, S/O BABY K.V., R/O BERINAPURA, JADKAL VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 101 …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. PANDURANGA NAIK AGED ABOUT 37 YEARS, S/O LATE NAGAPPA NAIK, R/O BELKE, HADINA VILLAGE, BHATKAL TALUK, UDUPI DISTRICT – 576 101 2. UNITED INDIA INSURANCE CO. LTD., REP BY ITS BRANCH MANAGER, FIRST FLOOR, NOWKAR BHAVAN COMPLEX, V.T. ROAD, BHATKAL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 U.K.DISTRICT - 581 111 3. THOMAS K.V. (MAJOR) S/O BABY, R/O KAREMULLA HOUSE, JADKAL POST AND VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 101 4. ITTCO-TOKIO GENERAL INSURANCE CO. LTD., BY ITS BRANCH MANAGER BRANCH OFFICE, LALBAUGH TOWERS, M.G.ROAD, MANGALORE - 575 003 …RESPONDENTS (BY SRI.S.KRISHNAKISHORE, ADVOCATE FOR R2 SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R4 V/O/D:16/09/2025 NOTICE TO R1 AND R3 ARE DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:13.02.2023 PASSED IN MVC NO.293/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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 - 3 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.293/2016 dated 13.02.2023 by the Senior Civil Judge & Addl. MACT, Kundapura, whereby the liability is fixed on the respondent No.2 the Court had granted compensation of an amount of Rs.5,35,500/-, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.26,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case that on 19.04.2025 at about 4.00 p.m. while the claimant was travelling as a pillion rider in motor cycle driven by its dirver in a very slow manner by observing all the traffic rules, when they reached the village near Kundapura taluk, at that time, a car driven by its driver in a very high speed and in a rash and negligent manner came towards Kundapura side and dashed to the motor cycle. Due to the said impact, the claimant fell down on the road and sustained grievous injuries. Considering the injuries, the tribunal granted the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 40,000/- 2. Medical Expenses : Rs. 1,02,352/- 3. Loss of income due to disability : Rs. 3,40,200/- 4. Food, Conveyance and attendant charges : Rs. 20,000/- 5. Loss of income during the laid up period : Rs. 18,000/- 6. Loss of Amenities : Rs. 15,000/- TOTAL : Rs. 5,35,552/- 3. Learned counsel appearing for the claimant submits that claimant is aggrieved as far as the compensation awarded under the head of pain and suffering, incidental expenses, loss of income during the laid up period and towards the loss of amenities. He submits that the claimant had sustained three fracture injuries. The amount that is awarded under the head of pain and suffering is not appropriate and coming to the incidental charges he was in hospital for 22 days, but the tribunal had granted only Rs.20,000/-. Coming to the loss of income during the laid up period only for 2 months amount is granted. Even under the head of loss of amenities also for 15% disability the tribunal had granted only Rs.15,000/-. - 5 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 4. Learned counsel appearing for R-2/insurance company submits that the tribunal had rightly granted compensation and no enhancement is called for. 5. Learned counsel appearing for the R-4/insurance company submits that no liability is fixed on them. 6. Having heard the learned counsels on either side, perused the entire material on record. Admittedly the claimant had sustained three fracture injuries. Under the head of pain and suffering this court is granting an amount of Rs.60,000/-. As far as medical expenses, basing on evidence the tribunal had rightly granted the compensation and no interference is called for. Considering that claimant was in hospital for 22 days this court is granting an amount of Rs.22,000/- towards incidental charges. Coming to the loss of income during the laid period, this court is granting an amount of Rs.36,000/-. There is no dispute about 15% disability considered by the tribunal and compensation granted for an amount of Rs.3,40,200/- under the head of loss of income due to disability. Towards loss of amenities, - 6 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 taking 15% disability this Court is granting an amount of Rs.30,000/-. 77. 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. 8. Altogether the claimant is entitled for compensation for an amount of Rs.6,00,552/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 40,000/- 60,000/- 2. Medical Expenses Rs. 1,02,352/- 1,02,352/- 3. Loss of income due to disability Rs. 3,40,200/- 3,40,200/- 4. Food, Conveyance and attendant charges Rs. 20,000/- 22,000/- 5. Loss of income during the laid up period Rs. 18,000/- 36,000/- 6. Loss of Amenities Rs. 15,000/- 30,000/- 7. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 5,35,552/- 6,00,552/- - 7 - HC-KAR NC: 2025:KHC:40672 MFA No. 4054 of 2024 i. Accordingly, the appeal filed by the claimant is Partly Allowed by enhancing the compensation from an amount of Rs.5,35,552/- to Rs.6,00,552/- ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 87