- 1 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7385/2024 (MV-I) BETWEEN: SRI SURESHA, S/O LATE LINGARAJU, AGED ABOUT 49 YEARS, RESIDING AT NO.319, ASHOKNAGAR, WARD NO.12, MALAVALLI TOWN, MANDYA DISTRICT-571 401. …APPELLANT (BY SRI. RAJA L., ADVOCATE) AND: 1. SRI RAVI, S/O BHUJANGEGOWDA, AGED ABOUT 33 YEARS, RESIDING AT NO.387, 1ST MAIN, 1ST CROSS, VEERABHADRANAGARA, ANNAPURNESWARI LAYOUT, BANASHANKARI, 3RD STAGE, BENGALURU. 2. THE MANAGER, IFFCO TOKIO GEN. INS.CO.LTD., DOOR NO.5, WARD NO.7, KAMMANAGUDI CIRCLE, M.G.ROAD, RAMANAGARA TOWN. …RESPONDENTS (BY SRI. A.N. KRISHNASWAMY., ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH V/O/DATED 27.10.2025) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2024 PASSED IN MVC NO.804/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLIL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ORDERS 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.804/2021 dated 03.02.2024 by the Senior Civil Judge and MACT, Malavalli, the claimant is before this Court seeking enhancement of the compensation. The claim petition is filed by the claimant seeking enhancement of the compensation. 2. On 22-07-2021, the petitioner was proceeding in his motor cycle bearing No.KA-11-L-1441 from Kollegala side towards his house. At about 6.45 a.m., when the petitioner was taking a U-turn on a motorcycle near Malavalli Town Police Station, the driver of Toyota ETIOS Car bearing No.KA05-AD- 7541 coming from Maddur side driven the car in a rash and negligent manner at high speed so as to cause endanger to human life and dashed against the left portion of petitioner and caused accident. The accident occurred due to the rash and - 3 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 negligent driving of the driver of Toyota ETIOS Car bearing No.KA-05-AD-7541, the petitioner fell down from the bike and sustained grievous injuries to his left leg, left knee and tenderness over the forehead and other injuries all over the body. On account of these injuries and fracture, he has suffered lot of mental shock, pain, agony and suffering. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Towards Pain and suffering Rs. 30,000 2. Towards Medical expenses Rs. 3,15,377 3. Towards diet and attendant charges Rs. 45,000 4. Towards loss of income during laid up period Rs. 25,000 5. Towards loss of future earning capacity Rs. 3,65,040 6. Towards loss of Amenities and enjoyment of life Rs. 25,000 7. Towards cost of litigation Rs. 10,000 Total Rs. 8,15,417 3. Learned counsel appearing for the appellant/claimant submits that the court had failed to grant a reasonable compensation considering the injuries sustained by the claimant. It is submitted that the court considered income of Rs.13,000/-, whereas the accident occurred during the year - 4 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 2021 and the tribunal ought to have taken Rs.15,000/- as income. It is submitted that regarding disability, the doctor had stated that the claimant had sustained the disability of 56% with respect to the lower limb, but the court had taken 18% to the whole body. It is submitted that the court ought to have taken the disability at 19%. It is submitted that even under the head of loss of amenities also the amount that is ordered by the tribunal is not just and reasonable. 4. Learned counsel appearing for the respondent/insurance submits that the tribunal has granted a reasonable compensation. 5. Having heard the learned counsels on either side, perused the material on record. The tribunal under the head of pain and suffering, this court is granting Rs.40,000/-. The medical expenses and other incidental expenses, the court has already granted reasonable compensation and there are not grounds to interfere. Coming to the loss of income during the laid up period, considering the income at the rate of Rs.15,000/- as the accident has taken place in the year 2021, hence for 4 months (Rs.15,000 x 4) this court is granting - 5 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 Rs.60,000. Coming to the loss of future earning capacity considering 19% disability [15000 x 12 x 13 x 19/100] this court is granting Rs.4,44,600/-. Towards loss of amenities, considering the disability of 19% this court is granting Rs.35,000/-. The court has already granted litigation expenses of Rs.10,000/-. 7. Hence, the claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Towards Pain and suffering Rs. 30,000 40,000 2. Towards Medical expenses Rs. 3,15,377 3,15,377 3. Towards diet and attendant charges Rs. 45,000 45,000 4. Towards loss of income during laid up period Rs. 25,000 60,000 5. Towards loss of future earning capacity Rs. 3,65,040 4,44,600 6. Towards loss of Amenities and enjoyment of life Rs. 25,000 35,000 7. Towards cost of litigation Rs. 10,000 10,000 Total Rs. 8,15,417 9,49,977 Enhanced amount Rs. 1,34,560 - 6 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 8. Altogether, the claimant is entitled for the compensation of an amount of Rs.9,49,977/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.8,15,417/- to Rs.9,49,977/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The claimant is not entitled for interest on future medical expenses. 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. 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) On 27.10.2025, the delay of 158 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of - 7 - HC-KAR NC: 2025:KHC:42650 MFA No. 7385 of 2024 enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE AKV List No.: 5 Sl No.: 7