- 1 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1399 OF 2021 (MV-I) BETWEEN: MR. MANOJ KUMAR S/O. NAGARAJU AGED ABOUT 22 YEARS R/O YELACHAHALLI TAVAREKERE, HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 122 …APPELLANT (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE) AND: 1. M/S. LIBERTY VIDEOCON GEN. INS CO. LTD., MOTOR CLAIMS HUB, NO.22 UNIT NO.302 3RD FLOOR PRESTIGE KADA RICHMOND ROAD BENGALURU - 560 025 BY ITS MANAGER 2. SMT MANJULA C., W/O. NAGARAJU YALACHAHALLI VILLAGE TAVAREKERE POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI, ADVOCATE FOR R1 R2- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.02.2020, PASSED IN MVC NO.3563/2019, ON THE FILE OF THE ADDITIONAL SMALL CAUSES Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 JUDGE AND XXIII-ACMM, MEMBER, MACT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL ADMISSION, 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.3563/2019 dated 05.02.2020 by the XV Additional Small Causes Judge & XXIII ACMM, Member, MACT, Mayo Hall Unit, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.4,27,400/-, the claimant is before the 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 by the claimant in the accident. The facts of the case are that on 24.04.2019 at about 8:00 a.m., the claimant was traveling as a pillion rider in motor cycle proceeding on Kolar Bangalore NH-75 Road, when he reached near MVJ Hospital, Hosakote Taluk, Bangalore Rural district, at that time, the rider of the motor cycle rode the same in a rash and negligent manner and suddenly applied the brakes. As a result, the motor cycle was - 3 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 toppled and the claimant fell down and sustained grievous injuries. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 40,000/- 2. Medical Expenses : Rs. 1,60,000/- 3. Transportation, nourishment, conveyance and attendant charges : Rs. 3,000/- 4. Loss of future income due to permanent disability : Rs. 1,94,400/- 5. Future medical expenses : Rs. 20,000/- 6. Loss of amenities of life : Rs. 10,000/- TOTAL : Rs. 4,27,400/- 4. Learned counsel appearing for the appellant/claimant submits that when it is the case of the claimant that he is working as Computer Operator and earning an amount of Rs.10,000/- per month, the Tribunal had taken the income at Rs.6,000/- per month. It is submitted that as the accident had occurred in the year 2019, as per the chart prepared by the - 4 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 Karnataka Legal Services Authority, the Tribunal ought to have taken the income at Rs.14,000/- per month. It is submitted that under all the heads, the compensation that is awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had rightly granted the compensation and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. Under the head of pain and suffering and medical expenses, the Tribunal had rightly granted an amount of Rs.40,000/- and Rs.1,60,000/- respectively and no interference is called for. As the accident had occurred in the year 2019, this Court is taking the income of the claimant at Rs.14,000/- per month and towards loss of future income due to permanent disability, this Court is granting an amount of Rs.4,53,600/- (Rs.14,000x12x18x 15/100). Towards loss of income during laid up period, for 3 months, this Court is granting an amount of Rs.42,000/- (Rs.14,000x3). Towards transportation, nourishment, conveyance and attendant charges, this Court is granting - 5 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 an amount of Rs.5,000/-. Towards future medical expenses, this Court is granting an amount of Rs.30,000/-. Considering that the claimant had sustained 15% disability, towards loss of amenities, this Court is granting an amount of Rs.30,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 40,000/- 40,000/- 2. Medical Expenses : Rs. 1,60,000/- 1,60,000/- 3. Transportation, nourishment, conveyance and attendant charges : Rs. 3,000/- 5,000/- 4. Loss of future income due to permanent disability : Rs. 1,94,400/- 4,53,600/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 5. Loss of income during laid up period : Rs. 00/- 42,000/- 6. Future medical expenses : Rs. 20,000/- 30,000/- 7. Loss of amenities of life : Rs. 10,000/- 30,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,27,400/- 7,70,600/- Enhancement : Rs. 3,43,200/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.7,70,600/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,27,400/- to Rs.7,70,600/-. 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.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 - 7 - HC-KAR NC: 2025:KHC:38276 MFA No. 1399 of 2021 deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 15