- 1 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4426 OF 2023 (MV-I) BETWEEN: SRI. ABHISHEIK S/O. ESHANNA, AGED ABOUT 28 YEARS, R/O. SIDDARAMESHWARA ROAD, AJJAMPURA VILLAGE AND TALUK, CHIKKAMAGALURU DISTRICT. …APPELLANT (BY SRI. T.S.VENKATESH, ADVOCATE) AND: 1. SRI. RAVIKUMAR. G. K. S/O. KRISHNAMURTHY, AGED BY MAJOR, R/O. GURUVALLI-BASAVANI VILLAGE, THEERTHAHALLI TALUK, SHIVAMOGGA DISTRICT. 2. SMT. SUJATHA SHETTI W/O. RAVI SHETTI, AGED ABOUT 55 YEARS, R/O. JAYAPURA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 KOPPA TALUK. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD., PORTABLE OFFICE, BALEHONNUR, KOPPA TALUK. 4. SRI. JAGADEESH K. T. S/O. THIMMAPPAGOWDA. K. P., AGED ABOUT 44 YEARS, R/O. KARAGADDE, DEVAGODU POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI. PRAVEENKUMAR G R., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2023 PASSED IN MVC NO. 349/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.349/2019 dated 29.04.2023 by the II Additional Senior Civil Judge and MACT, Chikkamagaluru, whereby the Tribunal had granted compensation of an amount of Rs.4,60,786/-, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained in the road traffic accident. The facts of the case are that on 07.03.2019, the claimant was moving in a motorcycle towards Begur as a pillion rider and the motorcycle was driven by brother of claimant. While they were moving in front of the house of Begar Rajendra Prasad at about 1:45 p.m., a car driven by its driver came in a rash and negligent manner with high speed came from Bidaragodu side dashed against motorcycle in which was moving as a pillion rider. As a result, the claimant fell down from the motorcycle and sustained grievous injuries. - 4 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 75,000/- 2. Medical Expenses : Rs. 1,37,428/- 3. Incidental Hospital Expenses : Rs. 40,000/- 4. Loss of income during laid up period : Rs. 68,358/- 5. Loss of future amenities : Rs. 1,00,000/- 6. Conveyance and attendant charges : Rs. 40,000/- TOTAL : Rs. 4,60,786/- 4. Learned counsel appearing for the appellant/claimant submits that under the head of loss of income during laid up period, the Tribunal had granted the amount considering the income of the claimant at Rs.11,393/- per month. It is submitted that as the accident had occurred in the year 2019, the Tribunal ought to have taken the income at Rs.14,000/- per month. It is submitted that though the claimant had sustained 8% disability to the whole body, the Tribunal had granted the compensation without applying the multiplier. It is submitted - 5 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 that the compensation that is awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for respondent No.3/ Insurance Company submits that the Tribunal had granted just and reasonable 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 granted reasonable amount and this Court finds no reasons to interfere. For the incidental hospital expenses, when he was in the hospital for 50 days, the Tribunal had granted only an amount of Rs.40,000/- and this Court is granting an amount of Rs.50,000/-. As the accident had occurred in the year 2019, this Court is taking the income of the claimant at Rs.14,000/- per month. Towards loss of income during laid up period, for six months, this Court is granting an amount of Rs.84,000/- (Rs.14,000x6). Coming to the loss of future earning due to disability, when there is disability of 8%, the Tribunal ought to have considered the same. Hence, towards loss of future earning due to disability, this Court is - 6 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 granting an amount of Rs.2,41,920/- (Rs.14,000x12x 18x8/100). Under the head of loss of amenities, this Court is granting an amount of Rs.25,000/-. 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. 75,000/- 75,000/- 2. Medical Expenses : Rs. 1,37,428/- 1,37,428/- 3. Incidental Hospital Expenses : Rs. 40,000/- 50,000/- 4. Loss of income during laid up period : Rs. 68,358/- 84,000/- 5. Loss of future amenities : Rs. 1,00,000/- 00/- 6. Conveyance and attendant charges : Rs. 40,000/- 00/- 7. Loss of future income due to : Rs. 00/- 2,41,920/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 disability 8. Loss of amenities : Rs. 00/- 25,000/- 9. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,60,786/- 6,23,348/- Enhancement : Rs. 1,62,562/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.6,23,348/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,60,786/- to Rs.6,23,348/-. 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.3 - 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. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy - 8 - HC-KAR NC: 2025:KHC:39268 MFA No. 4426 of 2023 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.: 1 Sl No.: 23