- 1 - HC-KAR NC: 2025:KHC:42649 MFA No. 5951 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. 5951/2024 (MV-I) BETWEEN: VARADARAJU, S/O VEERAIAH, AGED ABOUT 47 YEARS, R/AT NO 81, 4TH MAIN ROAD, 1ST CROSS, NETHAJI NAGARA, ALANAHALLI POST, MYSURU-57006. …APPELLANT (BY SRI. PANCHAM R D., ADVOCATE) AND: 1. S S RAO, S/O NAGARAJA RAO, R/AT NO 435, JODI ROAD, SARASWATHIPURA/KUVEMPUNAGARA, MYSURU-570 009. 2. HDFC ERGO GENERAL INSRUANCE COMPANY LIMITED, 2ND FLOOR, OPP. RURAL BUS STAND, MYSURU-570 001. …RESPONDENTS (BY SRI. D.VIJAYAKUMAR, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH V/O/DATED 27.10.2025) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.02.06.2023 PASSED IN MVC NO.1262/2016 ON THE FILE OF THE JUDGE, ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42649 MFA No. 5951 of 2024 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.1262/2016 dated 02.06.2023 by the Additional Small Causes and Senior Civil Judge and MACT, Mysuru, the claimant is before this Court seeking enhancement of the compensation. The claim petition is filed under Section 166 of the Motor Vehicles Act, 1989. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.800,000/- for the injuries sustained by the claimant in the road traffic accident. That, on 21.05.2014 at about 05.45 p.m., when the petitioner was proceeding in his motor cycle bearing registration No.KA-55- R- 3069 rode by the same, near Basavanapura gate, Mysuru- Nanjangudu main road, at that time, the driver of Toyota Innova car bearing registration No.KA-09-P-3921 (here in after referred as Offending vehicle) drove the same in high speed in a rash and negligent manner hit the petitioner’s motor cycle and caused accident. Due to the impact of accident the petitioner fell down and sustained injuries to his right shoulder - 3 - HC-KAR NC: 2025:KHC:42649 MFA No. 5951 of 2024 and other injuries all over the body. Immediately he was shifted to Kaveri Hospital, Mysuru and treated in patient. The accident caused due to rash and negligent act on the part of driver of the offending vehicle. The respondent No.1 and 2 being the owner and insurer of the offending vehicle are jointly and severally liable to pay the compensation to the petitioner. Hence this petition. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: 1. Loss of Earnings during treatment (laid up period) Rs. 25,500/- 2. Damages for pain, suffering and Trauma as a consequence of this injuries Rs. 40,000/- 3. Loss of Amenities Rs. 25,000/- 4. Transportation, Nourishment, Attendant and Miscellaneous Expenditure Rs. 10,000/- 5. Expenses relating to treatment, hospitalization and medicines Rs. 3,500/- 6. Future Medical expenses Rs. 20,000/- Total Rs. 1,24,000/- 3. Learned counsel appearing for the appellant claimant submits that the court had failed to grant a reasonable compensation. It is submitted that towards loss of amenities the court had granted only an amount of Rs.25,000/- and when it comes to the loss of future income, court has failed to - 4 - HC-KAR NC: 2025:KHC:42649 MFA No. 5951 of 2024 consider by applying the proper multiplier. It is submitted that in all the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent /Insurance company submits that court has rightly granted the compensation as accident has happened in the year 2014 and even in the year 2020, the respondent is working, that is why the court has not granted any compensation. Further, he submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Under the head of pain and suffering, the court had granted reasonable amount, no interference is required. Even under incidental expenses and the expenses related to hospitalization and medicine, the court has granted reasonable compensation. Coming to the future medical expense this court is granting Rs.30,000/-. Loss of income during the laid up period, the court had rightly considered and it requires no interference. With regard to the loss of income during laid up period, future loss of income, the - 5 - HC-KAR NC: 2025:KHC:42649 MFA No. 5951 of 2024 court has rightly granted the compensation. However, as far as loss of amenities is concerned, this court is granting Rs.75,000/-. 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. No. Heads Compensation Awarded by Tribunal Compensati on Awarded by this Court 1. Loss of Earnings during treatment (laid up period) : Rs. 25,500 25,500 2. Damages for pain, suffering and Trauma as a consequence of this injuries : Rs. 40,000 40,000 3. Loss of Amenities : Rs. 25,000 75,000 4. Transportation, Nourishment, Attendant and Miscellaneous Expenditure : Rs. 10,000 10,000 5. Expenses relating to treatment, : Rs. 3,500 3,500 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:42649 MFA No. 5951 of 2024 hospitalization and medicines 6. Future Medical expenses : Rs. 20,000 30,000 7. Legal expenses : Rs. 00 10,000 TOTAL : Rs. 1,24,000 1,94,000 Enhancement amount : Rs. 70,000 8. Altogether, the claimants are entitled for compensation of an amount of Rs. 1,94,000/- (Rupees One Lakh Ninety Four Thousand). 9. Accordingly, the appeal of the claimants is partly allowed enhancing the compensation from an amount of Rs.1,24,000/- to Rs. 1,94,000/-. The Insurance company is liable to pay the compensation. (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:42649 MFA No. 5951 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) On 27.10.2025, the delay of 363 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. (v) No costs. (vi) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE AKV_List No.: 5 Sl No.: 4