- 1 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 4268 OF 2024 (MV-I) BETWEEN: MR. VENKATESHA P., S/O PULLAPA AGED ABOUT 63 YEARS R/AT BLOC B -2 VEMAGAL KOLAR -563101 …APPELLANT (BY SRI. K.V.NAIK, ADVOCATE) AND: 1. THE MANAGER CHOLA MS GEN. INS. CO., LTD. MV HUB UNIT NO. 4, 9TH FLOOR LEVEL-06, GOLDEN HEIGHT COMLPLEX 59TH C CROSS, INDUSTRIAL SUBRUB RAJAJINAGAR, 4TH M BLOCK BENGALURU 1., POLICY ISSUED BY ITS BRANCH OFFICE IN POLICY NO. 3379/02824263/000/00 DATE OF VALIDITY FROM 27.11.2020 TO 26.11.2021 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 2. M/S SRI LAKSHMI VENKATESHWARA ENTERPRISES PROP BABU Y., R/AT NO.1 KATHA NO. 20 SUBRAMANYAPURA POST HINDUSTAN GRANITE FACTORY ROAD UTTARAHALLI, BENGALURU 560 061 …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 08.09.02025) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2024 PASSED IN MVC NO. 2062/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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: - 3 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present appeal is filed aggrieved by the award passed in MVC.No.2062/2021 dated 17.01.2024 by the XXIII Additional Small Causes Judge & ACMM, Bengaluru, seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.72,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 09.02.2021 at about 5:30 p.m., when the claimant was riding Suzuki Access Motorcycle along with one Smt.Roopavathi slowly and carefully, at that time, all of a sudden, a Tempo which was driven by its driver at a very high speed in a rash and negligent manner dashed to his Suzuki Access. As a result, 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 suffering : Rs. 60,000/- - 4 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 2. Medical Expenses : Rs. 9,49,028/- 3. Loss of income during laid up period : Rs. 23,000/- 4. Loss of future income : Rs. 2,48,400/- 5. Loss of future amenities and happiness : Rs. 20,000/- 6. Attendant, conveyance, food and nourishment charges : Rs. 20,000/- 7. Future medical expenses : Rs. 20,000/- TOTAL : Rs. 13,40,428/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had failed to grant reasonable compensation under the head of loss of income during laid up period. When it comes to loss of future income also, the Tribunal had taken the income at Rs.11,500/- per month and the Tribunal ought to have taken the income at Rs.15,000/- per month. When the claimant had sustained disability of 20%, the Tribunal had only granted an amount of Rs.20,000/- towards loss of future amenities. It is submitted that the claimant was admitted in the hospital for 26 days and the Tribunal had only granted an amount of Rs.20,000/- towards attendant, conveyance, food and nourishment charges. Towards future - 5 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 medical expenses, the Tribunal had not granted reasonable amount. It is submitted that under all the heads, the compensation needs to be enhanced. 5. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had granted reasonable compensation and no enhancement 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 granted reasonable compensation and it requires no enhancement. Coming to the loss of income during laid up period, considering the fact that the accident had taken place in the year 2021, considering the income of the claimant at Rs.15,000/-, for four months, this Court is granting an amount of Rs.60,000/- (Rs.15,000x4). Towards loss of future income, this Court is granting an amount of Rs.3,24,000/- (Rs.15,000x12x9x20/100). Considering the disability of 20%, this Court is granting an amount of Rs.40,000/- towards loss of future amenities and happiness. Considering the hospitalization of 26 days, this Court is granting an amount of - 6 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 Rs.26,000/- towards attendant, conveyance, food and nourishment charges. Towards future medical expenses, 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 suffering : Rs. 60,000/- 60,000/- 2. Medical Expenses : Rs. 9,49,028/- 9,49,028/- 3. Loss of income during laid up period : Rs. 23,000/- 60,000/- 4. Loss of future income : Rs. 2,48,400/- 3,24,000/- 5. Loss of future amenities and happiness : Rs. 20,000/- 40,000/- 6. Attendant, conveyance, food and nourishment : Rs. 20,000/- 26,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 charges 7. Future medical expenses : Rs. 20,000/- 30,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 13,40,428/- 14,99,028/- Enhancement : Rs. 1,58,600/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.14,99,028/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.13,40,428/- to Rs.14,99,028/-. 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 deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. - 8 - HC-KAR NC: 2025:KHC:42692 MFA No. 4268 of 2024 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. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 4 Sl No.: 25