- 1 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 877 OF 2022 (MV-I) BETWEEN: THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD, ANAND COMPLEX, FIRST FLOOR, KRS ROAD, PANDAVAPURA REP BY ITS REGIONAL OFFICE, KRISHI BHAVAN, 5TH AND 6TH FLOOR, NRUPATHUNGA ROAD, BENGALURU- 560 001. BY ITS MANAGER &APPELLANT (BY SRI. JWALA KUMAR, ADVOCATE) AND: 1. SMT. PAPPY W/O. VASTAAD, R/AT SHIKARIPURA VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK 2. SRI. SRIDHARAMURTHY, S/O.THIMMEGOWDA R/AT NO. 44, DODDA STREET, SUNKATHOONNAUR, PANDAVAPURA TALUK, &RESPONDENTS (BY SRI. VINAY D. HOSMATH, ADVOCATE FOR R1 SRI.KRISHNA KUMAR K.K., ADVOCATE FOR R2) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 01.09.2021 PASSED IN MVC NO.1107/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, PANDAVAPURA, AWARDING COMPENSATION OF RS.13,40,098/-/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. 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.1107/2019 dated 01.09.2021 by the Additional Senior Civil Judge, MACT, Pandavapura, the insurance company is before this court questioning the quantum of compensation. 2. The claim petition is filed seeking compensation of an amount of Rs. 25,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 27.01.2019 at 7.00 a.m. while she was standing on the side of the footpath and talking with her husband and brother-in-law in front of bus stand of Shikaripura village, Melukote, the rider of the motorcycle drove it in high speed, rash and negligent manner and dashed to the claimant. As a result, she fell down and sustained severe and multiple injuries and took treatment as inpatient from 27.01.2019 to - 3 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 07.02.2019. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 50,000/- 2. Medical Expenses : Rs. 9,498/- 3. Food, conveyance and Attendant charges : Rs. 25,000/- 4. Loss of future income : Rs. 9,99,600/- 5. Loss of income during the laid up period : Rs. 56,000/- 6. Loss of Amenities (discomfort, inconvenience) : Rs. 2,00,000/- TOTAL : Rs. 13,40,098/- 3. Learned counsel appearing for the insurance company submits that the insurance company is mainly on the ground of amenities and on the ground of loss of future income. It is submitted that the doctor without any basis had assessed the disability at 25% to the whole body and the Tribunal had taken the disability at 25% and granted the compensation. It is submitted that there is a procedure to assess the disability and the doctor has assessed the limb disability and 1/3rd of it would be considered as the whole body disability. In this case without any basis the doctor has opined that it is 25% disability to the whole body and the fractured bone united and except for the - 4 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 small discomfort the injured claimant was doing well. In those circumstances, the Tribunal ought not to have considered 25% as a disability. It is submitted that the compensation that is awarded by the tribunal is on the higher side. 4. Learned counsel appearing for the respondent submits that the Tribunal had rightly considered and rightly granted the compensation. It is submitted that the doctor who is competent to assess the disability has deposed that there is disability of 25% there is no contra evidence produced by the insurance company and in those circumstances, the amount of compensation that is awarded by the Tribunal is just and reasonable. 5. Having heard the learned counsels on either side, perused the material on record. The main submission of the counsel for the insurance company is with regard to the disability. This Court has perused the judgment and evidence of the doctor as discussed by the Tribunal. The doctor simply says the disability to the limb is 25% and also this Court has perused the injuries and the condition of the claimant as on the date when he deposed before the court. In these circumstances - 5 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 this court is of the view that taking 25% disability to the whole body is on the higher side and considering the injuries and the condition of the claimant this Court is inclined to take the disability at 10%. The accident had occurred in the year 2019, under the head of loss of future income this court is inclined to grant an amount of Rs. 2,85,600/-. (Rs.14,000 x 12 x 17 x 10/100=Rs.2,85,600/-) Coming to the loss of amenities, for the 10% disability the amenities of Rs.2,00,000/- that is awarded by the Tribunal is on the higher side. However, in the facts and circumstances under the head of loss of amenities this court is granting an amount of Rs.50,000/-. On all other heads, this Court do not find any reason to interfere. 6. Accordingly, the claimant is entitled for an amount of Rs.4,76,098/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 50,000/- 50,000/- 2. Medical Expenses Rs. 9,498/- 9,498/- 3. Food, conveyance and Attendant charges Rs. 25,000/- 25,000/- 4. Loss of future income Rs. 9,99,600/- 2,85,600/- - 6 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 5. Loss of income during the laid up period Rs. 56,000/- 56,000/- 6. Loss of Amenities (discomfort, inconvenience) Rs. 2,00,000/- 50,000/- TOTAL Rs. 13,40,098/- 4,76,098/- i. Accordingly, the appeal filed by the Insurance Company is Partly Allowed by reducing the compensation from an amount of Rs.13,40,098/- to Rs.4,76,098/-. ii. The amount if any excess deposited by the insurance company, insurance company is at liberty to withdraw the amount. iii. The amount in deposit shall be forthwith transferred to the Tribunal. 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. - 7 - HC-KAR NC: 2025:KHC:37212 MFA No. 877 of 2022 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 4