- 1 - HC-KAR NC: 2025:KHC:46473 MFA No. 673 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 673 OF 2025 (MV-I) BETWEEN: 1. SRI DWARAKACHARAYA S.S. S/O SHIVANANDA S.S. AGED ABOUT 44 YEARS, R/AT ANANDA NILAYA, CHANNAGIRI ROAD KRISHNA MURTHY LAYOUT, BHADRAVATHI, SHIVAMOGGA DSTRICT - 577 301 …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. SRI IMITHYAZ S/O JAILABUDDIN, MAJOR, R/AT SAW MILL ROAD, AYANUR, SHIVAMOGGA TALUK-577301 AND DISTRICT. 2. THE MANAGER UNITED INDIA INSURANCE CO, LTD., KRISHI BHAVANA, 5TH AND 6TH FLOOR, NRUPATHUNGA ROAD, HUDSON CIRCLE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46473 MFA No. 673 of 2025 BENGALURU - 01 …RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 09.06.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.10.2024 PASSED IN MVC NO.7000/2022 ON THE FILE OF THE XVIII ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-4, 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.7000/2022 dated 16.10.2024 by the XVIII Additional Judge and ACJM Court of Small Causes, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.7,60,587/-, the claimant is before this Court seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:46473 MFA No. 673 of 2025 2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1989, seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. 3. The Tribunal has awarded the compensation as per the date given below. Sl. No. Heads Compensation Awarded 1. Loss towards earning capacity/loss of future income : Rs. 3,90,600/- 2. Loss of income during the laid up period : Rs. 31,020/- 3. Medical and future medical expenses : Rs. 98,967/- 4. Conveyance allowance, attendant charge and special diet : Rs. 80,000/- 5. Pain and sufferings : Rs. 1,00,000/- 6. Loss of enjoyment and loss of amenities of life : Rs. 60,000/- Total : Rs. Rs.7,60,587/- 4. The learned counsel appearing for the claimant submits that the amount that is granted under the head of - 4 - HC-KAR NC: 2025:KHC:46473 MFA No. 673 of 2025 loss of income during the laid-up period is not reasonable. Even on the other counts also, the compensation needs to be enhanced. 5. The learned counsel appearing for the respondent/Insurance Company submits that though the claimant was hospitalized only for seven days, the Tribunal had granted an amount of Rs.80,000/- under the head of incidental expenses an amount of Rs.1,00,000/- was awarded towards the pain and suffering and an amount of Rs.60,000/- towards the loss of amenities of life. It is further submitted that though the evidence of the doctor is that he had suffered permanent physical disability of right lower limb at 30%, the Tribunal has taken the whole body disability at 15%. Therefore, the compensation awarded by the Tribunal on all the counts is already on the higher side and no enhancement is called for. 6. Having heard the learned counsels on either side, perused the material on record. As rightly pointed - 5 - HC-KAR NC: 2025:KHC:46473 MFA No. 673 of 2025 out by the learned counsel for the respondent/Insurance Company, that the compensation that is awarded by the Tribunal on all the counts is already on the higher side. Hence, this Court do not find any reasons to interfere with the impugned order. 7. Accordingly, the appeal is dismissed. All I.As pending if any, in the appeal shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC CT-SG List No.: 1 Sl No.: 2