- 1 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 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. 5806/2024 (MV-I) BETWEEN: SRI R M VEERABHADRAIAH, S/O. SHANTAIAH, AGED ABOUT 73 YEARS, OCC. AGRICULTURIST, R/O. KABBUR VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 514. …APPELLANT (BY SRI. G.J. SUNKAPUR., ADVOCATE) AND: 1. SRI AKARSH S, S/O. LATE PARASHURAMAPPA, AGED ABOUT 28 YEARS, R/O. MAHADEVAPURA VILLAGE, DAVANAGERE TALUK-577 215. (RIDER CUM OWNER OF MOTORCYCLE BEARING NO. KA.17/HD.9360) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 of 2024 2. THE DIVISIONAL MANAGER, THE CHOLA M.S. GENERAL INSURANCE CO.LTD., AKKAMAHADEVI KALYANA MANTAPA ROAD, P.J. EXTENSION, DAVANAGERE-577 002. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH V/O/DATED 19.02.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2024 PASSED IN MVC NO. 711/2021 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, 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: - 3 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.711/2021 dated 22.01.2024 by III Additional Senior Civil Judge & JMFC, Davangere, whereby the Tribunal had granted compensation of an amount of Rs.3,62,900/-, the claimants are before this Court seeking enhancement of the compensation. The claim petition is filed under Section 166 of the Motor Vehicles Act, 1989. 2. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. Nos. Heads Compensation Awarded 1 Towards pain and sufferings : Rs. 35,000.00 2 Towards Medical expenses : Rs. 1,88,500.00 3 Towards diet, food, nourishment, attendant and conveyance charges : Rs. 20,000.00 4 Towards loss of future earning capacity : Rs. 60,900.00 5 Loss of income during laid up period : Rs. 43,500.00 6 Towards loss of amenities : Rs. 15,000.00 Total Rs. 3,62,900.00 3. Learned counsel appearing for the claimant submits that the claimant has sustained 2 grievous injuries. Under the - 4 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 of 2024 head of pain and suffering, the Tribunal had not granted reasonable compensation. Further, the disability is 8%, but the Tribunal has taken at 7%. Also, under the head of loss of future income, the Tribunal has not granted reasonable amount. Coming to the loss of income during the laid up period, only 3 months was considered. Further, the Tribunal under the head of loss of amenities has granted only an amount of Rs.15,000/-. It is submitted that on all heads, compensation needs to be enhanced. 4. Learned counsel appearing for the respondent No.2/Insurance company submits that the Tribunal has considered all these aspects and has granted a reasonable compensation and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the material on record. Considering the 2 grievous injuries sustained by the claimant, this Court is granting an amount of Rs.50,000/- under the head of pain and suffering. As far as the medical expenses and incidental expenses are considered, the Tribunal has rightly granted the compensation and no interference is called for. Coming to the - 5 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 of 2024 loss of income during the laid up period, considering the age and injuries sustained by the claimant, this court is considering for 4 months [Rs.14,500 x 4] is Rs.58,000/-. Hence, this court is granting an amount of Rs.58,000/- towards loss of income during laid up period. Coming to the loss of future earning, this court is taking disability at 8% [Rs.14,500 x 12 x 5 x 8/100] and granting an amount of Rs.69,600/-. Under the head of loss of amenities, considering disability of 8%, this court is granting Rs.20,000/-. 6. 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. 7. The claimants are therefore, entitled to the compensation under the following heads: Sl. Nos. Heads Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1 Towards pain and sufferings Rs. 35,000 50,000 2 Towards Medical expenses Rs. 1,88,500 1,88,500 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 of 2024 3 Towards diet, food, nourishment, attendant and conveyance charges Rs. 20,000 20,000 4 Towards loss of future earning capacity Rs. 60,900 69,600 5 Loss of income during laid up period Rs. 43,500 58,000 6 Towards loss of amenities Rs. 15,000 20,000 7 Legal expenses Rs. 00 10,000 Total Rs. 3,62,900.00 4,16,100.00 Enhanced amount Rs. 53,200/- 8. Altogether, the claimant is entitled for the compensation of an amount of Rs.4,16,100/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,62,900/- to Rs.4,16,100/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) 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. - 7 - HC-KAR NC: 2025:KHC:42647 MFA No. 5806 of 2024 iii) 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. iv) No cost. v) All IA’s in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE AKV List No.: 4 Sl No.: 30