- 1 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 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. 3608 OF 2025 (MV-I) BETWEEN: V. RAMACHANDRA NAIDU S/O MUNISWAMY NAIDU AGED ABOUT 58 YEARS AGRICULTURIST COOLIE R/AT BAVIKERE, TARIKERE TALUK CHIKKAMAGALURU DISTRICT …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. SHIVAKUMAR B S/O BASAVARAJ L B AGED ABOUT 25 YEARS BUSINESS R/O GADIKERE VILLAGE LAKKAVALLI POST TARIKERE TALUK CHIKKAMAGALURU DISTRICT 2. THE BRANCH MANAGER NATIONAL INSURNANCE COMPANY LIMITED YASHORAM CHAMBERS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 2ND FLOOR, RATNAGIRI ROAD P B NO.179, CHIKKAMAGALURU – 577 101 …RESPONDENTS (BY SRI.C.SHANKARA REDDY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 08.07.2025) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 04.03.2025 PASSED IN MVC NO.212/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL JMFC, TARIKERE, 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 - 3 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.212/2022 dated 04.03.2025 by the Senior Civil Judge and Principal JMFC & MAMACT, Tarikere, whereby the Tribunal had granted compensation of an amount of Rs.4,30,900/-, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 28.01.2022 at around 5:00 p.m., the claimant was proceeding towards Bavikere village on the left side of the road on his vehicle. When he was near Rangenahalli village one motorcycle came from Tarikere with high speed in rash and negligent manner and dashed against the motorcycle of the claimant. Due to which, the claimant sustained grievous injuries all over his body. 3. Considering the injuries sustained by the claimant, the Tribunal had awarded compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. Rs.25,000/- - 4 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 2. Medical Expenses : Rs. Rs.2,59,300/- 3. Diet, food, nourishment, attendant, conveyance and charges etc : Rs. Rs.25,000/ 4. Loss of income during laid up period : Rs. Rs.46,500/- 5. Loss of future earning capacity : Rs. Rs.65,100/- 6. Loss of amenities : Rs. Rs.10,000/- TOTAL : Rs. Rs.4,30,900/- 4. Learned counsel appearing for the appellant/claimant submits that when the claimant has sustained fracture injuries, the Tribunal had granted only an amount of Rs.25,000/- under the head of pain and suffering. It is submitted that towards loss of amenities, the Tribunal had granted only an amount of Rs.10,000/- and further no amount is granted under the head of future medical expenses and the compensation needs to be enhanced. 5. Learned counsel appearing for the respondent No.2/ Insurance Company submits that under all the heads, the Tribunal had rightly granted just and reasonable compensation and there are no grounds to interfere. - 5 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 6. Having heard the learned counsels on either side, perused the entire material on record. Under the head of medical expenses, towards diet, food, nourishment, attendant, conveyance and charges etc, towards loss of income during laid up period, towards loss of future earning capacity and towards loss of amenities, the Tribunal had rightly granted reasonable compensation and this Court do not find any reason to interfere. Under head of pain and suffering, this Court is granting an amount of Rs.50,000/-. Considering the fact that another surgery has to be performed, this Court is granting an amount of Rs.30,000/- towards future medical expenses,. 7. In the light of the law laid down by the Hon’ble Apex 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: 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 25,000/- 50,000/- 2. Medical Expenses Rs. 2,59,300/- 2,59,300/- 3. Diet, food, nourishment, attendant, conveyance and charges etc Rs. 25,000/- 25,000/- 4. Loss of income during laid up period Rs. 46,500/- 46,500/- 5. Loss of future earning capacity Rs. 65,100/- 65,100/- 6. Loss of amenities Rs. 10,000/- 10,000/ 7. Future medical expenses Rs. 00/- 30,000/- 8. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. Rs.4,30,900/- 4,95,900/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.4,95,900/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,30,900/- to Rs.4,95,900/-. - 7 - HC-KAR NC: 2025:KHC:42690 MFA No. 3608 of 2025 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. iii. The respondent No.2 - 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 MEG List No.: 4 Sl No.: 33