- 1 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1123 OF 2023 (MV-I) BETWEEN: SRI. KISHORE @ RAVI KISHIORE AGED ABOUT 30 YEARS S/O SRI RAVI R/AT NO 160/3 7TH ‘A’ MAIN ROAD 4TH CROSS, B NARAYANAPURA BANGALORE 560016. …APPELLANT (BY SRI. RAVISHANKAR C R., ADVOCATE) AND: 1. SRI. SELVA PANDIYATAN P. AGED ABOUT 39 YEARS S/O SRI PONNUSWAMY R/AT NO 3/1516, VELLANOOR COLONY JUNGLEPUR POST NATRAMPALLI VELLORE TAMIL NADU (DRIVER OF SCHOOL VAN BEARING NO KA 53-A-0023). 2. THE PRINCIPAL ROYAL CONCORDE INTERNATIONAL SCHOOL KALYAN NAGAR BANGALORE 560043 (OWNER OF SCHOOL VAN BEARING NO KA 53-A-0023) …RESPONDENTS (V/O/DT. 20.02.2023 NOTICE TO R1 IS DISPENSED WITH; SRI. NATARAJU.T., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2023 PASSED IN MVC NO.7325/2018 ON THE FILE OF THE SMALL CAUSES JUDGE AND Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 MACT, BENGALURU (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.7325/2018 dated 09.01.2023 by the Judge, Court of Small Causes & Member, MACT, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.1,84,832/-, the claimant is before this Court seeking enhancement of the compensation. 2. The facts of the case are that on 20.06.2015 at about 4:15 p.m., while the claimant was riding his motor cycle, at that time, the driver of a School Van came with high speed in a rash and negligent manner and dashed against the claimant's motor cycle, due to which he had sustained grievous injuries. Immediately, he was shifted to Specialist, HRBR Layout, Bangalore and took treatment as inpatient, X-rays were taken, CT scan was done revealed claimant sustained fracture injury and other injuries and has spent an amount of Rs.8,00,000/- - 3 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 towards food, conveyance, nourishment and an amount of Rs.50,000/- towards transportation charges etc. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Injury, pain and suffering : Rs. 30,000/- 2. Medical Expenses : Rs. 1,24,732/- 3. Food and extra nourishment and medical attendant : Rs. 2,100/- 4. Conveyance : Rs. 10,000/- 5. Loss of income during treatment : Rs. 28,000/- 6. Loss of future earning : Rs. NIL 7. Deprivation of future amenities : Rs. 10,000/- TOTAL : Rs. 2,04,832/- 4. As the driver of the School Van i.e., respondent No.1 had initially paid an amount of Rs.20,000/- for the treatment of the claimant at Specialist Hospital, the Tribunal had deducted Rs.20,000/- and granted total compensation of an amount of Rs.1,84,832/-. - 4 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 5. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not considered the disability though they have adduced the evidence. Hence, the compensation needs to be enhanced. Learned counsel submits that he had examined the doctor as PW.3, who is a Medico Legal Consultant at Specialist Hospital. As per the wound certificate, the claimant sustained swelling tenderness with restricted movements and deformity over the right thigh region. In spite of the same, the Tribunal had not considered the same and granted the compensation. 6. Learned counsel appearing for respondent No.2/owner of the vehicle submits that the Tribunal had rightly considered and had given enough opportunity to the claimant. In spite of the same, the claimant had not examined the doctor, who is competent to consider the disability. 7. Having heard the learned counsels on either side, perused the entire material on record. According to the claimant, he had sustained permanent disability. The claimant had examined PW.2 Medical Record Technician in Specialist Hospital and got marked documents Exs.P15 to P22 and he had - 5 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 examined Dr.Mohan.V.J as PW.3, who is a Medico Legal Consultant at Specialist Hospital. In the entire examination, it is not forthcoming what is the specialization of the doctor and how he is competent to certify the disability and why the treated doctor was not examined. In those circumstances, the Tribunal had rightly considered and not awarded any compensation under the head of future loss of income due to disability as the claimant has visibly failed to prove the same. In these circumstances, this Court do not find any reasons to interfere. 8. Considering the injuries that are sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. Towards medical expenses, towards food and extra nourishment and medical attendant, conveyance, loss of income during treatment and deprivation of future amenities, the Tribunal had granted reasonable amounts and this Court do not find any reasons to enhance the same. 9. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 6 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 10. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury, pain and suffering : Rs. 30,000/- 40,000/- 2. Medical Expenses : Rs. 1,24,732/- 1,24,732/- 3. Food and extra nourishment and medical attendant : Rs. 2,100/- 2,100/- 4. Conveyance : Rs. 10,000/- 10,000/- 5. Loss of income during treatment : Rs. 28,000/- 28,000/- 6. Loss of future earning : Rs. NIL NIL 7. Deprivation of future amenities : Rs. 10,000/- 10,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,04,832/- 2,24,832/- Enhancement : Rs. 20,000/- 11. Altogether, the claimant is entitled for an amount of Rs.2,24,832/-. The driver of the School Van i.e., respondent 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 No.1 had initially paid an amount of Rs.20,000/- for the treatment of the claimant at Specialist Hospital. After deducting Rs.20,000/-, the claimant is entitled for total compensation of an amount of Rs.2,04,832/-. 12. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,84,832/- to Rs.2,04,832/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent No.2 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. 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. v. No costs. - 8 - HC-KAR NC: 2025:KHC:35175 MFA No. 1123 of 2023 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 19