- 1 - NC: 2025:KHC:5688 MFA No. 739 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 739 OF 2024 (MV-I) BETWEEN: 1. VINOD @ VINOD KUMAR S/O. PUTTASWAMY NAIKA, AGED ABOUT 30 YEARS, RESIDING AT MADAHALLI KOPPALU (V), BANNIKUPPE (P), HUNASURU (T), MYSURU-571 105. …APPELLANT (BY SRI. SHANTHARAJ K.,ADVOCATE) AND: 1. GANGADHAR SWAMY S/O. LATE K. RAMAIAH, AGED ABOUT 35 YEARS, RESIDING AT D. NO. 180, 18TH CROSS, 1ST STAGE, A BLOCK, J. P. NAGAR, MYSURU-570 008. 2. THE MANAGER EDELWEISS GENERAL INSURANCE COMPANY LIMITED, EDELWEISS HOUSE OFF CST ROAD, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5688 MFA No. 739 of 2024 KALINA MUMBAI-400 098, AND NO. 715, 7TH CROSS, SPENCER PLAZA, PHASE 2, NO. 769, ANNA SALAI, CHENNAI-600 002. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A FOR SRI.PRADEEP.B, ADVOCATE FOR R2) NOTICE TO R1 IS DISPENSED WITH V/O DATED 04.04.2024. THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2023 PASSED IN MVC NO. 784/2022 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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 MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the claimant being dissatisfied with the inadequate compensation awarded by the Principal Small Causes and Senior Civil Judge, MACT at Mysuru. It is the case of the appellant/claimant that on - 3 - NC: 2025:KHC:5688 MFA No. 739 of 2024 26.02.2022 while the claimant was going in the motorcycle as a pillion rider at that time the offending vehicle car bearing registration number KA-09-Z-8536 came in a rash and negligent manner and dashed against the motorcycle leading to occurrence of accident and injuries sustained by the claimant. 2. Claimant filed claim petition seeking compensation against the respondent - the owner of the offending vehicle and the Insurance Company. The owner of the offending vehicle remained absent and was placed ex-parte. Respondent No.2 - Insurance Company filed statement of objections denied the claim and sort for dismissal of the claim petition. 3. On the basis of materials placed on record both oral and documentary, a tribunal awarded total compensation of Rs.5,17,319/- along with interest at 6 percent per annum and directed the Insurance Company to pay the compensation within a month. Learned counsel for the appellant contends that the compensation awarded - 4 - NC: 2025:KHC:5688 MFA No. 739 of 2024 is on the lesser side with regard to pain and suffering, amenities, loss of income during laid up period required to be enhanced so also the disability. On this ground he seeks to allow his appeal consequently enhance compensation. 4. Per contra, learned counsel representing the Insurance Company sustains the impugned order and he contends that the compensation awarded by the Tribunal is on the higher side rather as the tribunal has granted future prospects at 40% which was not called for, considering the magnitude of injuries and the disability suffered be that as it may, since they are not in appeal he seeks dismissal of the appeal on the ground of just and reasonable compensation awarded by the tribunal. 5. I have heard learned counsel for the appellant and learned counsel for the respondent - Insurance Company. - 5 - NC: 2025:KHC:5688 MFA No. 739 of 2024 6. Perused impugned judgement and award and submissions of learned counsel for both parties. I do not find any need for interference on the compensation awarded under loss of income due to permanent disability same is retained at Rs.3,54,000/-. 7. I am in agreement with learned counsel for the appellant under the head pain, agony and suffering marginal enhancement is called for is Rs.40,000/- is awarded as against Rs.30,000/-. 8. Towards loss of amenities, happiness and inconvenience Rs.30,000/- is awarded as against Rs.5,000/-. Towards loss of income during laid up period at the rate of Rs.15,500/- for a period of 3 months, Rs.46,500/- is awarded as against Rs.31,000/-. Towards attendant, food, nourishment and other sundry expenses Rs.5,000/- awarded is retained. Towards medical expenses, hospital charges Rs.92,319/- is retained. - 6 - NC: 2025:KHC:5688 MFA No. 739 of 2024 9. In view of the above discussions, appellants would be entitled for a total compensation of Rs.5,47,819/- as against Rs.5,17,000/- as mentioned in the table below: Heads Amount in Rs. Pain, Agony and Suffering 40,000.00 loss of amenities, happiness and inconvenience 30,000.00 Medical expenses and hospital charges 92,319.00 Loss of income during laid up period 46,500.00 Towards attendant, food, nourishment and other sundry expenses 5,000.00 Loss of future earnings 3,54,000.00 TOTAL 5,47,819-00 10. Accordingly I pass the following order. ORDER i) Appeal is allowed in part. - 7 - NC: 2025:KHC:5688 MFA No. 739 of 2024 ii) The impugned Judgment and Award dated 04.11.2023 passed by the tribunal in MVC No.784/2022 is modified. iii) Appellants shall be entitled to total compensation of Rs.5,47,819/- as against Rs.5,17,000/- along with interest at 6% per annum. iv) Balance compensation shall be paid within a period of 4 weeks from the date of receipt of copy of the order. v) Entire compensation enhanced shall be released in favour of the appellant/claimant through electronic transfer by on the appellant/claimant furnishing relevant bank details on proper identification. vi) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8