- 1 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 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 MFA NO. 5303 OF 2024 C/W MFA NO. 2514 OF 2024 (MV-I) IN MFA No. 5303/2024 BETWEEN: SRI GANESHA B N S/O NARASIMHAPPA AGED ABOUT 22 YEARS R/AT BYNAHALLI VILLAGE MURUGAMALLA POST CHINTAMANI TALUK CHIKKABALLAPURA DIST 563 125 …APPELLANT (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) AND: 1. M/S RELIANCE GENERAL INSURANCE CO. LTD. BY ITS MANAGER MOTOR CLAIMS HUB NO.28, 5TH FLOOR CENTENARY BUILDING EAST WING, NEAR CITI BANK M G ROAD, BENGALURU 560 001 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 2. SRI. MANOJ KUMAR D S/O DEVARAJU, R/AT DASANAYAKANAHALLI BAGLUR POST, JALA HOBLI BENGALURU NORTH 562 149 3. SRI. MANOJ KUMAR D. S/O DEVARAJU R/AT DASANAYAKANAHALLI BAGALUR POST, JALA HOBLI BENGALURU NORTH 562 149 …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R1; R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC NO. 1931/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION IN MFA NO. 2514/2024 BETWEEN: THE MANAGER RELIANCE GIC LTD MOTOR CLAIMS HUB NO 28, 5TH FLOOR CENTENARY BUILDING EAST WING NEAR CITI BANK - 3 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 MG ROAD BENGALURU 560 001 ...APPELLANT (BY SRI. PRADEEP B.,ADVOCATE) AND: 1. GANESHA B N S/O NARASIMHAPPA AGED ABOUT 22 YEARS R/AT BYNAHLLI VILLAGE MURUGAMALLA POST CHINTAMANI TALUK CHIKKABALLAPURA DIST 563 125 2. MANOJ KUMAR D S/O DEVARAJU DASANAYAKANAHALLI BAGALUR POST, JALA HOBLI BENGALURU NORTH 562 149 ...RESPONDENTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC NO. 1931/2022 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU SCCH-11, AWARDING COMPENSATION OF RS.19,20,307/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1931/2022 dated 03.10.2023 by the I Additional Small Causes Judge & ACMM and MACT, Bengaluru, both the claimant as well as the Insurance Company are before this Court questioning the quantum of compensation that is awarded by the Tribunal. MFA.No.5303/2024 is filed by the claimant and MFA.No.2514/2024 is filed by the Insurance Company. 2. The claim petition was filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant. The facts of the case are that on 20.02.2022 at about 4:30 p.m., when the claimant was traveling as pillion rider on motor cycle ridden by its rider on Chintamani-Hosakote SH-82 road, near Shivanapura cross, at that time, the driver of Tata Ace driven by its driver at high speed in a rash and negligent manner and dashed against his vehicle. As a result, the claimant fell down and sustained grievous injuries and thereafter, he was shifted to the hospital. 3. The Tribunal had granted compensation as per the table given below: - 5 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 SL. No. Heads Compensation Awarded 1. Injury, pain and suffering : Rs. 50,000/- 2. Medical Expenses : Rs. 6,85,347/- 3. Food and extra nourishment and medical attendant : Rs. 7,600/- 4. Conveyance : Rs. 15,000/- 5. Loss of income during treatment : Rs. 31,000/- 6. Loss of future earning : Rs. 10,71,360/- 7. Deprivation of future amenities : Rs. 10,000/- 8. Future medical expenses : Rs. 50,000/- TOTAL : Rs. 19,20,307/- 3. The Tribunal had considered the disability to the whole body at 32% and granted the compensation. 4. Learned counsel appearing for the claimant submits that the Tribunal had failed to grant reasonable compensation under the head of pain and suffering and loss of income during laid-up period is considered only for a period of two months. It is submitted that when the disability is 32%, the Tribunal ought to have granted 40% future prospects which was not considered. Under the head of future medical expenses also, - 6 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 the amount that is awarded by the Tribunal is not just and reasonable. It is submitted that the claimant is entitled for compensation under the head of loss of marriage prospects and under all the heads, the compensation needs to be enhanced. 5. Learned counsel appearing for the Insurance Company submits that the Tribunal without any basis had considered the disability to the whole body at 32% and when the claimant was in hospital for 19 days, the Tribunal had granted an amount of Rs.7,600/- towards food and extra nourishment and medical attendant and an amount of Rs.15,000/- towards conveyance which is on the higher side. It is submitted that on all other heads, the compensation that is awarded by the Tribunal is just and reasonable. 6. Having heard the learned counsels on either side, perused the entire material on record. The doctor had assessed the disability to the right lower limb at 27%, right upper limb at 13% and whole body at 36%. This Court has perused the evidence of the doctor and the injuries that are sustained by the claimant. The Tribunal had rightly considered the disability at 32% and this Court do not find any reasons to interfere. - 7 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 Considering the injuries that are sustained by the claimant, this Court is granting an amount of Rs.60,000/- towards injury, pain and suffering. The Tribunal had rightly granted an amount of Rs.6,85,347/- towards medical expenses and this Court finds no reason to interfere. Considering 19 days of hospitalization, this Court is granting an amount of Rs.19,000/- towards incidental expenses. Coming to the loss of income during treatment, for four months, this Court is granting an amount of Rs.62,000/- (Rs.15,500x4). Coming to the loss of future earning, considering the disability at 32% and 40% future prospects would come to Rs.6,200/-. Then the income will come to an amount of Rs.21,700/- (Rs.15,500+6,200). Hence, towards loss of future earning, this Court is granting an amount of Rs.14,99,904/- (Rs.21,700x12x18x32/100). Considering the disability of 32% and the age of the claimant, this Court is granting an amount of Rs.1,00,000/- towards loss of amenities. Towards future medical expenses, the Tribunal had granted an amount of Rs.50,000/- and considering the fact that he requires another surgery, this Court is granting an amount of Rs.70,000/- towards future medical expenses. - 8 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 7. 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. 8. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury, pain and suffering : Rs. 50,000/- 60,000/- 2. Medical Expenses : Rs. 6,85,347/- 6,85,347/- 3. Food and extra nourishment and medical attendant : Rs. 7,600/- 00/- 4. Conveyance : Rs. 15,000/- 00/- 5. Incidental expenses : Rs. 00/- 19,000/- 6. Loss of income during treatment : Rs. 31,000/- 62,000/- 7. Loss of future earning : Rs. 10,71,360/- 14,99,904/- 8. Deprivation of future amenities : Rs. 10,000/- 00/- 9. Loss of amenities : Rs. 00/- 1,00,000/- 10. Future medical expenses : Rs. 50,000/- 70,000/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 11. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 19,20,307/- 25,06,251/- Enhancement : Rs. 5,85,944/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.25,06,251/-. 10. Accordingly, MFA.No.5303/2024 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.19,20,307/- to Rs.25,06,251/-. 11. MFA.No.2514/2024 filed by the Insurance Company is dismissed. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transferred to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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 - 10 - HC-KAR NC: 2025:KHC:42693 MFA No. 5303 of 2024 C/W MFA No. 2514 of 2024 is entitled to withdraw the entire amount without furnishing any security. v. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 4 Sl No.: 28