- 1 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 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.7115 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.7111 OF 2021(MV-I) IN MFA No. 7115/2021 BETWEEN: SRI. MANJUNATHA, S/O. LATE BASAPPA, AGED ABOUT 33 YEARS, R/AT PADUVANAHALLI VILLAGE, KANAKATTE HOBLI, ARSIKERE TALUK, HASSAN DISTRICT – 573 103. …APPELLANT (BY SRI. KAMALA D.K., ADVOCATE) AND: 1. SYED SADATH, S/O. SAYED KHALEEL, 8TH CROSS, HASSAN ROAD RIGHT SIDE, ARSIKERE TOWN, HASSAN DISTRICT – 573 103. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 2. SHRI RAM GEN INS. CO. LTD., REP BY ITS BRANCH MANAGER, E-8, RIICO INDL AREA, SITAPUR, JAIPUR, RAJASTHAN – 302 022. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; V/O/DATED 11.09.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2020 PASSED IN MVC.NO.625/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7111/2021 BETWEEN: SMT. MANJULA, W/O. MANJUNATH, NOW AGED ABOUT 31 YEARS, R/AT PADUVANAHALLI VILLAGE, KANAKATTE HOBLI, ARSIKERE TALUK, HASSAN DISTRICT – 573103. ...APPELLANT (BY SRI. KAMALA D.K., ADVOCATE) AND: 1. SYED SADATH, S/O. SAYED KHALEEL, - 3 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 8TH CROSS, HASSAN ROAD RIGHT SIDE, ARSIKERE TOWN, HASSAN DISTRICT - 573 103. 2. SRI RAM GEN INS. CO. LTD., REP BY ITS BRANCH MANAGER, E-8, RIICO INDL AREA, SITAPUR, JAIPUR, RAJASTHAN – 302 022. ...RESPONDENTS (V/O/DATED 28.10.2024, NOTICE TO R1 IS DISPENSED WITH; BY SRI.B.C. SHIVANNEGOWDA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2020 PASSED IN MVC.NO.626/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.Nos.625/2018, 626/2018 and 1143/2018 dated 01.02.2020 by Senior Civil Judge and AMACT, Arsikere, the claimants in MVC.Nos.625/2018 and 626/2018 are before this Court seeking enhancement of the compensation. 2. By way of a common judgment dated 01.02.2020 by the Senior Civil Judge and AMACT, Arsikere had disposed of the three MVC petitions. Hence, this Court is also passing a common order. 3. The facts of the case are that on 22.11.2017 at about 1.30 pm., the claimant in MVC.No.625/2018 along with his wife who is the claimant in MVC.No.626/2018 and minor daughter were going on Star City bike, after visiting J.C. Pura Hospital and proceeding towards their village Ramenahalli and when they reached near Shadaksharappa’s fields, from Arsikere Tata Ace vehicle came in a rash and negligent manner in order to endanger the human life dashed against the claimants’ vehicle from behind and caused the accident. Due to the said accident, both the claimants have sustained grievous injuries all - 5 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 over their body and immediately, they were taken to Government Hospital, J.C. Pura and then they were shifted to Janapriya Hospital, Hassan and got admitted as inpatient. MFA.NO.7115/2021 ARISING OUT OF MVC.NO.625/2018 4. The claim petition is filed seeking compensation of an amount of Rs.50,00,000/- for the injuries sustained by the claimant in the road traffic accident, but the Tribunal had granted compensation as per the table given below: Sl. No. Heads of compensation Amount awarded 1. Pain and suffering Rs. 70,000/- 2. Medical expenses Rs. 3,56,860/- 3. Attendant charges Rs. 6,000/- 4. Conveyance, diet, extra nourishment charges, food and attendant charges Rs. 8,000/- 5. Loss of income during laid up period Rs. 15,000/- 6. Loss of future earning capacity on account of permanent physical disability Rs. 3,46,800/- 7. Loss of amenities and enjoyment of life Rs. 10,000/- Total Rs. 8,12,660/- 5. Learned counsel appearing for the claimant submits that considering the injuries that are sustained by the claimant - 6 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 where he had sustained fracture condyle tibia, open fracture tibia and fibula left, acromioclavicular subluxation right, fracture right acetabulam, pelvic injury with penis injury with Testis injury, cervical spine injury, facial injury with facial bone fracture, but the Tribunal had granted only an amount of Rs.70,000/- towards pain and suffering. It is submitted that he was there in hospital for 30 days, but the Tribunal had granted an amount of Rs.8,000/- towards conveyance, nourishment, food and attendant charges and Rs.6,000/- towards future medical expenses. It is submitted that when it comes to the loss of income during the laid up period, the Tribunal had granted only an amount of Rs.15,000/-. It is further submitted that when it comes to the loss of future earnings, there is shortening to the extent of 10%. It is assessed by the doctor that for right lower limb is 18% and for left lower limb is 35% and total disability with respect to right upper limb is 12%. It is submitted that when there is a shortening of the leg, the Tribunal ought to have considered the disability at 22%. This accident had taken place in the year 2017, the Tribunal ought to have taken the income at Rs.11,000/- per month, but it has taken the income at Rs.8,500/- per month. It is submitted that - 7 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 on all counts, the income that is awarded by the Tribunal is not just and reasonable. 6. Learned counsel appearing for respondent No.2/Insurance Company submits that the Tribunal had rightly considered and granted the compensation. Hence, there are no grounds to interfere with the same. 7. Having heard the learned counsels on either side, perused the material on record. Considering the injuries that are sustained by the claimant, under the head of pain and suffering this Court is granting an amount of Rs.1,00,000/-. The Tribunal had rightly granted the amount towards medical expenses and this Court is not interfering with the same. Considering the 30 days of hospitalization, this Court is granting an amount of Rs.30,000/- towards attendant, conveyance, food and nourishment charges. Considering the grievous injuries and hospitalization, as per the chart this Court is taking the income at Rs.11,000/- per month and for 6 months, this Court is granting an amount of Rs.66,000/- towards loss of income during the laid up period. Considering the shortening of leg by 10 cm. and the income at - 8 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 Rs.11,000/- this Court is inclined to take the disability at 22%. Hence, this Court is granting an amount of (11,000X12X17X22/100)=Rs.4,93,680/- towards loss of future income. Towards loss of amenities this Court is granting an amount of Rs.50,000/-. Towards future medical expenses this Court is granting an amount of Rs.30,000/-. 8. 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. Sl. No. Heads of compensation Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 70,000/- 1,00,000/- 2. Medical expenses : Rs. 3,56,860/- 3,56,860/- 3. Attendant charges : Rs. 6,000/- 30,000/- 4. Conveyance, diet, extra nourishment charges, food and attendant charges : Rs. 8,000/- 5. Loss of income during laid up : Rs. 15,000/- 66,000/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 period 6. Loss of future earning capacity on account of permanent physical disability : Rs. 3,46,800/- 4,93,680/- 7. Loss of amenities and enjoyment of life : Rs. 10,000/- 50,000/- 8. Future medical expenses : Rs. 00/- 30,000/- 9. Legal expenses : Rs. 00/- 10,000/- Total : Rs. 8,12,660/- 11,36,540/- Enhanced amount : Rs. 3,23,880/- Altogether, the claimant is entitled for compensation of an amount of Rs.11,36,540/-. MFA.NO.7111/2021 ARISING OUT OF MVC.NO.626/2018 9. The claim petition is filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant in the road traffic accident, but the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of compensation Amount awarded 1. Pain and suffering Rs. 45,000/- 2. Medical expenses Rs. 39,797/- 3. Attendant charges Rs. 3,000/- - 10 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 4. Conveyance, diet, extra nourishment charges food and attendant charges Rs. 6,000/- 5. Loss of income during laid up period Rs. 8,000/- 6. Loss of future earning capacity on account of permanent physical disability Rs. 1,38,720/- 7. Loss of amenities and enjoyment of life Rs. 5,000/- Total Rs. 2,45,517/- 10. Learned counsel appearing for the claimant submits that the claimant had sustained 3 fractures, but the Tribunal had granted only Rs.45,000/- towards pain and suffering. It is submitted that the claimant was there in the hospital for 15 days, but the Tribunal had granted only an amount of Rs.9,000/- towards conveyance, nourishment and attendant charges. It is submitted that when it comes to the loss of income during the laid up period, as the accident had taken place in the year 2017, the Tribunal ought to have taken the income at Rs.11,000/- per month. It is further submitted that when it comes to the loss of future earnings, the Tribunal had taken the disability at 8%. It is assessed by the doctor that for compression fracture is 20% and for severe facial of 6%. It is further submitted that under the head of loss of amenities also, - 11 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 the amount that is awarded is on the lower side. It is further submitted that on all counts, the compensation that is awarded by the Tribunal is not just and reasonable. 11. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly considered and granted the compensation. Hence, there are no grounds to interfere with the same. 12. Having heard the learned counsels on either side, perused the material on record. Considering the 3 fracture injuries that are sustained by the claimant, under the head of pain and suffering this Court is granting an amount of Rs.60,000/-. The Tribunal had rightly granted the amount towards medical expenses and this Court is not interfering with the same. Considering the 15 days of hospitalization, this Court is granting an amount of Rs.15,000/- towards attendant, conveyance and nourishment charges. Considering the grievous injuries and the hospitalization, as per the chart this Court is taking the income at Rs.11,000/- and for 3 months, this Court is granting an amount of Rs.33,000/- towards loss of income during the laid up period. Coming to the loss of - 12 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 future income, according to the doctor it is 30% disability, without any reason the Tribunal had taken the disability at 8%. Hence, this Court is inclined to take the disability at 20%. Hence, this Court is granting an amount of (11,000X12X17X 20/100)=Rs.4,48,800/- towards loss of future income. Considering the disability at 20%, towards loss of amenities this Court is granting an amount of Rs.40,000/-. 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 Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. Sl. No. Heads of compensation Compensatio n Awarded by Tribunal Compensat ion Awarded by this Court 1. Pain and suffering : Rs. 45,000/- 60,000/- 2. Medical expenses : Rs. 39,797/- 39,797/- 3. Attendant charges : Rs. 3,000/- 15,000/- 4. Conveyance, diet, extra nourishment charges food and attendant charges : Rs. 6,000/- 5. Loss of income : Rs. 8,000/- 33,000/- 2 (2014) 11 SCC 178 - 13 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 during laid up period 6. Loss of future earning capacity on account of permanent physical disability : Rs. 1,38,720/- 4,48,800/- 7. Loss of amenities and enjoyment of life : Rs. 5,000/- 40,000/- 8. Legal expenses : Rs. 00/- 10,000/- Total : Rs. 2,45,517/- 6,46,597/- Enhanced amount : Rs. 4,01,080/- 14. Altogether, the claimant is entitled for compensation of an amount of Rs.6,46,597/-. 15. Accordingly, MFA.No.7115/2021 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.8,12,660/- to Rs.11,36,540/-. 16. Accordingly, MFA.No.7111/2021 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,45,517/- to Rs.6,46,597/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. - 14 - HC-KAR NC: 2025:KHC:39397 MFA No. 7115 of 2021 C/W MFA No. 7111 of 2021 iii. The 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. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 31