- 1 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6657 OF 2022(MV-I) BETWEEN: SMT. C. M. SULAIMAN SHARIFF, S/O. C.K. SAMIULLA SHARIFF, AGED ABOUT 39 YEARS, BUSINESS WORK AND AGRICULTURIST, R/O. NO 226, 1ST STAGE, 2ND BLOCK, H.B.R. LAYOUT, YASEEN NAGAR, 9TH CROSS, BENGALURU NORTH, BENGALURU. R/O DHARMASHALA ROAD, NEAR E. P. BROTHERS, CHITRADURGA - 577 501. …APPELLANT (BY SRI.A.R. SHREEHARSHA, ADVOCATE FOR SRI.SPOORTHY HEGDE N., ADVOCATE) AND: 1. SHRIRAMA GENERAL INSURANCE CO. LTD., REP BY ITS BRANCH MANAGER, NO. 302, 3RD FLOOR, S. S. CORNER BUILDING, PLOT NO. 48 HOSPITAL ROAD SHIVAJINAGARA, BENGALURU - 560 001. 2. RAMAPPA, S/O MALAPPA, OWNER OF TRACTOR- TRAILER BEARING, REG NO. KA - 16/7089-7090, NO. 33, MADAKARIPURA, CHITRADURGA TALUK - 577 501. …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. PRADEEP B., ADVOCATE FOR R1; V/O. DATED 08.08.2023 NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.07.2022 PASSED IN MVC NO.325/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.325/2020 dated 18.07.2022 by the Principle Senior Civil Judge and Additional Motor Accident Claims Tribunal-III, Chitradurga, the appellant/claimant is before this Court seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.21,50,000/- for the injuries sustained by the claimant in the accident. The Tribunal has awarded an amount of Rs.4,48,094/-. 2. It is the case of the claimant that on 26.06.2019 at about 10:00 a.m., when the claimant was proceeding on his motorbike from Challakere Circle towards Guilalu, at that time - 3 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 the driver of the tractor-trailer drove his tractor from industrial area to N.H.4 road, in a rash and negligent manner and hit the bike of the claimant and caused accident. Due to the impact, he fell down and sustained injuries all over the body. Immediately, he was shifted to the hospital and was treated as inpatient. 3. It is the evidence of the doctor that the claimant had sustained 89% of disability to the whole body and the claimant was doing agricultural work as well as real estate business. The Court has not considered the future loss of earnings on the ground that the petitioner even after the accident is continuing to do the agricultural and real estate business. When it comes to the pain and suffering, the Court had awarded an amount of Rs.50,000/- and a sum of Rs.15,000/- is awarded towards loss of income during laid up period, an amount of Rs.25,000/- is awarded towards loss of amenities and future unhappiness and an amount of Rs.25,000/- is awarded towards diet and other charges and towards medical expenses an amount of Rs.3,33,094/- is awarded. - 4 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 4. Learned counsel appearing for the claimant submits that the Tribunal had not awarded reasonable compensation for the injuries sustained by the claimant when the claimant has sustained whole body disability of 26%. The Court is not right in granting the loss of future earnings. Learned counsel submits that the Court ought to have taken the income at Rs.14,000/- p.m. as the accident is of the year 2019. He submits that the compensation needs to be enhanced. 5. Learned counsel appearing for the insurance company submits that the claimant was working even after the accident and as there is no impact on his future income, the Court is granted an amount of not considered the future loss of income and the amount that is granted by the Tribunal is just and reasonable. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the injuries suffered by the claimant, this Court is granting an amount of Rs.60,000/- under the head pain and suffering. Coming to the loss of income during laid up period, as there is no evidence on record, as per the chart prepared by the Karnataka State - 5 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 Legal Services Authority, as this is an accident of the year 2019, this Court is taking the income at Rs.14,000/-p.m., for three months he is entitled for an amount of Rs.42,000/- under the head loss of income laid up period. Considering 89% of limb disability, this Court has taken whole body disability at 26%, then the loss of future income comes to Rs.6,55,200/- (Rs.14,000X12X15X26%). The Court below had granted Rs.25,000/- towards diet and other charges and this Court is not inclined to interfere with the same. The Court had granted medical expenses at Rs.3,33,094/- as per the evidence and no interference is called for. Then towards loss of amenities, the Court had granted an amount of Rs.25,000/-, considering the disability, this Court is granting an amount of Rs.50,000/-. 7. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury pain and sufferings : Rs. 50,000/- 60,000/- 2. Loss of income during laid up period : Rs. 15,000/- 42,000/- - 6 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 3. Loss of future income : Rs. 00/- 6,55,200/- 4. Diet and other charges : Rs. 25,000/- 25,000/- 5. Medical expenses : Rs. 3,33,094/- 3,33,094/- 6. Loss of amenities : Rs. 25,000/- 50,000/- TOTAL : Rs. 4,48,094/- 11,65,294/- Enhancement : Rs. 7,17,200/- 8. Altogether the claimant is entitled for compensation of an amount of Rs.11,65,294/-. 9. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,48,094/- to Rs.11,65,294/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The respondent No.1-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. 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. - 7 - HC-KAR NC: 2025:KHC:24790 MFA No. 6657 of 2022 iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE NS CT:TSM, List No.: 3 Sl No.: 19