- 1 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5485 OF 2022 (MV-I) BETWEEN: RANGASWAMY T.H S/O LATE HANUMEGODA AGED ABOUT 51 YEARS R/O MOSALE THIMMANAHALLY VILLAGE, KASABA HOBLI, HASSAN TALUK -573 201 …APPELLANT (BY SMT.KAVITHA H.C., ADVOCATE) AND: 1. PRASAD S/O HONNEGOWDA, AGED ABOUT 38 YEARS, R/O ECHALAHALLY VILLAGE, KASABA HOBLI, HASSAN TALUK -573 201 2. THE MANAGER NATIONAL INSURANCE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 COMPANY LIMITED, SRI. MANJUNATHESHWARA COMPLEX, CITY BUS STAND ROAD, HASSAN- 573 201 …RESPONDENTS (BY SRI.C.SHANKARA REDDY, ADVOCATE FOR R2 V/O/DATED:28/02/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2022 PASSED IN MVC NO.654/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL M.A.C.T., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.654/2019 dated 09..02.2922 by the II Addl. District & Sessions Judge & Addl. MACT, Hassan, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs. 10,00,000/- for the injuries sustained in the accident. It is the case that on 24.12.2018 at about 6.45 p.m. when the claimant was riding bike on which his wife was travelling as pillion rider, at that time, the driver of the car driven it in a rash and negligent manner dashed against the bike of the claimant, as result of which both the claimant and the pillion rider fell down from the bike, the claimant sustained grievous injuries. Considering the injuries, the tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and suffering Rs. 75,000/- 2. Loss of income during laid up period Rs. 39,000/- 3. Medical expenses Rs. 4,500/- 4. Loss of future income Rs. 1,21,680/- - 4 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 5. Loss of amenities Rs. 25,000/- 6. Loss of food, diet & conveyance charges Rs. 25,000/- TOTAL Rs. 2,90,180/- 3. Learned counsel appearing for the claimant submits that the tribunal had failed to grant reasonable amount under the head of loss of earning during the laid up period. Considering the injuries sustained, the tribunal had only considered for 3 three months, the tribunal ought to have considered for 4 months. Further under the head of loss of future earning capacity, amount that is granted is not reasonable. Further under the loss of amenities, only an amount of 25,000/- is granted which is not reasonable. He submits that even under the head of incidental charges, the amount needs to be enhanced and it is submitted that on all counts, the compensation needs to be enhanced. 4.Learned counsel appearing for the respondent/ insurance company submits that the tribunal had rightly granted just and reasonable compensation and no enhancement is called for. - 5 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 5. Having heard the learned counsel on either side, perused the entire material on record. Considering the three grievous injuries sustained by the claimant, under the head of pain and suffering, the tribunal had rightly granted an amount of Rs.75,000/- and this court finds no reason to interfere Basing on evidence on record, the tribunal had rightly granted the medical expenses at Rs.4,500/-. Then coming to loss of future earning, the tribunal considered the evidence of the doctor and rightly granted the compensation of an amount of Rs.1,21,680/- and this court finds no reasons to interfere. Then coming to the loss of amenities, considering the disability, this court is granting an amount of Rs.35,000/-. Then coming to the loss of income during the laid up period, considering the injuries this court is granting the income for four months (13000/- x 4) Rs.52,000/-. Towards incidental charges, the tribunal had rightly granted an amount of Rs.25,000/-. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA Vs. M. MALATHI - 6 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 8. The claimant is entitled for the compensation for an amount of Rs.3,23,180/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 75,000/- 75,000/- 2. Loss of income during laid up period Rs. 39,000/- 52,000/- 3. Medical expenses Rs. 4,500/- 4,500/- 4. Loss of future income Rs. 1,21,680/- 1,21,680/- 5. Loss of amenities Rs. 25,000/- 35,000/- 6. Loss of food, diet & conveyance charges Rs. 25,000/- 25,000/- 7. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 2,90,180/- 3,23,180/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,90,180/- to Rs. 3,23,180/-. ii. The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42405 MFA No. 5485 of 2022 iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. Respondent-Insurance Company shall deposit the compensation amount with accrued interest eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE List No.: 3 Sl No.: 3