- 1 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5195 OF 2021(MV-I) BETWEEN: MR. MATHEW BABY, AGED 38 YEARS, S/O V.D. MATHEW, R/AT VALIYA VEETIL, PADAMBALA HOUSE, SHIRADY POST AND VILLAGE, PUTTUR TALUK, D.K. DISTRICT. …APPELLANT (BY SRI RAJARAMA S., ADVOCATE) AND: 1. MR. SHAJI K.P., AGED ABOUT 52 YEARS, S/O LATE K.M. PAULOSE, R/AT PADAMBALA KATTADAM HOUSE, SHIRADY POST AND VILLAGE, PUTTUR TALUK, D.K. DISTRICT. 2. THE MANAGER NATIONAL INSURANCE CO. LTD., BHARATH BUILDING P.M., RAO ROAD, MANGALORE, D.K. DISTRICT. …RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 06.02.2021 PASSED IN MVC NO.1661/2017 BY V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT-XI, MANGALURU, SITTING AT PUTTUR, DAKSHINA KANNADA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the claimant challenging the judgment and award dated 06.02.2021 passed by V Additional District and Sessions Judge and Member, Additional MACT-XI, Mangaluru, sitting at Puttur, Dakshina Kannada (for short ‘the Tribunal’) in MVC No.1661/2017. The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. Brief facts of the case are as under; That on 13.08.2016 at about 2.00 p.m., the claimant was proceeding on a motorcycle bearing registration No.KL-21-K-7333 as a pillion rider. At that time, the rider - 3 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 of the said motorcycle rode the same in a rash and negligent manner and lost his control over the said motorcycle leading to an accident. As a result, the pillion rider fell down and sustained grievous injuries. Immediately, he was shifted to Mahaveera Medical Centre, Puttur, wherein, he took treatment as an inpatient. Hence, the claimant filed a claim petition seeking compensation. 3.1 On service of notice, respondent No.1 remained absent and he was placed ex parte. Respondent No.2 appeared and filed written statement denying the averments made in the claim petition and sought for dismissal of the claim petition. 3.2 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded compensation of Rs.3,27,245/- with interest @ 6% p.a. and directed respondent No.2-Insurance Company to deposit the compensation amount within thirty days. - 4 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 3.3 Being aggrieved by the inadequate compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. 4. It is the vehement contention of the learned counsel for appellant-claimant that the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation. 5. Per contra, learned counsel representing the respondent-Insurance Company sustains the judgment and award of the tribunal and contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Accordingly, he seeks dismissal of the appeal. 6. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Insurance Company, the occurrence of the accident, involvement of the vehicle and injuries sustained by the claimant in the - 5 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 road traffic accident are all established and proved by the production of Exs.P1 to P15. 7. A short point that calls for interference by this Court is the marginal enhancement under the heads future medical expenses and discomfort and loss of amenities of life, this Court deems it appropriate to award Rs.20,000/- towards future medical expenses and Rs.35,000/- towards discomfort and loss of amenities of life. 8. The tribunal awarded Rs.75,000/- towards pain and suffering, Rs.57,373/- towards medical expenses, Rs.12,000/- towards special diet, nutrition and attendants charges, Rs.5,000/- towards travelling expenses, Rs.30,000/- towards loss of income during laid up period and Rs.1,27,872/- towards loss of future income, which do not call for interference and the same are retained. - 6 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 9. In view of the above, the claimant shall be entitled to a total compensation of Rs.3,62,245/- as against Rs.3,27,245/- as mentioned in the table below: Heads Amount in Rs. Pain and suffering 75,000-00 Medical expenses 57,373-00 Special diet, nutrition and attendants charges 12,000-00 Travelling expenses 5,000-00 Loss of income during laid up period 30,000-00 Loss of future income 1,27,872-00 Future medical expenses 20,000-00 Discomfort and loss of amenities of life 35,000-00 TOTAL 3,62,245-00 10. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 06.02.2021 passed in MVC.No.1661/2017 by V Additional District and Sessions Judge and Member, Additional MACT-XI, Mangaluru, sitting at Puttur, Dakshina Kannada, is modified; iii) The claimant is entitled to a total compensation of Rs.3,62,245/- as against Rs.3,27,245/- along with interest @ 6% p.a. iv) The enhanced compensation amount shall be paid by the respondent-Insurance Company - 7 - NC: 2025:KHC:6966 MFA No. 5195 of 2021 with interest @ 6% p.a. within a period of four weeks from the date of receipt of a copy of this judgment; v) The compensation amount shall be released in favour of the appellant-claimant as per the terms of the Tribunal by electronic transfer to the claimant upon furnishing the required Bank details/upon proper identification. vi) All other terms and conditions stipulated by the tribunal shall stand intact; vii) The original records, if any, shall be transmitted to the jurisdictional tribunal forthwith; viii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT:SNN