- 1 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 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. 5824 OF 2025 (MV-I) BETWEEN: SRI. BHARATH KUMAR S/O MUNIVENKATAPPA AGED 33 YEARS R/AT NO 01, GOLLAHALLI VTC GOLLAHALLI POST BANGARPET KOLAR DISTRICT 563 116 …APPELLANT (BY SRI. GURUDEVA PRASAD K T., ADVOCATE) AND: 1. M/S. UNIVERSAL SOMPO GIC LTD., BY ITS MANAGER MOTOR CLAIMS HUB KVV SAMRAT NO 217/A 3RD MAIN OUTER RING ROAD Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 KASTURINAGAR BENGALURU 560 043 2. RENUKA W/O SHAMANNA AGED ABOUT 35 YEARS NO 389, OPP EASHWAR TEMPLE HORAMAVU, BENGALURU 560 043 …RESPONDENTS (BY SRI. D VIJAYA KUMAR., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 06.08.2025) THIS MFA IS FILED UNDER SECTION.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 03.08.2024 PASSED IN MVC NO.5648/2022 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACJM, BENGALURU SCCH-20 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5648/2022 dated 03.08.2024 passed by V Additional Small Causes Judge, & XXIV A.C.J.M & Member M.A.C.T., Bangalore, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injury sustained in the road traffic accident. It is the case of the claimant that on 12.09.2022 at about 02.15 PM., the claimant was pushing the two wheeler, by the side of the, T-gollahalli, Bethamangala main road, wherein the driver of the offending vehicle drove it, with high speed, rash and negligent manner and dashed against the claimant and caused the accident. Due to the said impact the claimant sustained grievous injuries. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Towards attendant charges, transportation, nourishing food : Rs. 20,000/- - 4 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 2. Towards loss of income during laid down period : Rs. 15,500/- 3. Loss of income on account of permanent disability : Rs. 2,38,080/- 4. Pain and sufferings : Rs. 20,000/- 5. Loss of amenities : Rs. 20,000/- TOTAL : Rs. 3,13,580/- 4. Learned counsel appearing for the claimant submits that when the doctor has deposed that the limb disability of 47% and whole body disability of 16% without any basis the Tribunal had taken 8% as disability. Under the head of loss of amenities, loss of income during laid up period reasonable compensation is not granted and towards future medical expenses the Tribunal has not granted any compensation. 5. Learned counsel appearing for the insurance company submits that the Tribunal had rightly granted the compensation, there are no grounds to interfere. It is submitted that the Tribunal has not believed the version of the doctor as such the Tribunal had not taken 16% disability but only taken 8% as disability and there is no illegality with the proceedings of the said order. It is submitted that on all the - 5 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 other counts also the compensation that is awarded by the Tribunal is just and reasonable 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, considering one grievous injury and other simple injury, this court is granting an amount of Rs.50,000/-. Coming to the loss of income during laid up period as this is an accident of the year 2022 this Court is taking income at Rs.15,500/- for three months (15,500×3) this court is granting an amount of Rs.46,500/-. Towards incidental expenses the Tribunal had granted an amount of Rs.20,000/- this Court do not find any reasons to interfere. When the doctor has reported that there is whole body disability of 16%, on what basis the Tribunal has not considered the same is not known. Hence, this Court is considering the disability at 16%, under the head of loss of income due to disability this Court is granting an amount of (15,500/- x 12 x 17 x 16/100) Rs.5,05,920/-. Under the head of Loss of amenities the Tribunal had granted an amount of RS.20,000/- and this Court is granting an amount of Rs.30,000/-. When it comes to future medical expenses - 6 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 doctor has deposed that he requires Rs.60,000/- hence, an amount of Rs.30,000/- is granted towards future medical expenses. 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 entitled for compensation for an amount of Rs.6,92,420/- under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards attendant charges, transportation, nourishing food : Rs. 20,000/- 20,000/- 2. Towards loss of income during laid down period : Rs. 15,500/- 46,500/- 3. Loss of income on account of permanent disability : Rs. 2,38,080/- 5,05,920/- 4. Pain and sufferings : Rs. 20,000/- 50,000/- 5. Loss of amenities : Rs. 20,000/- 30,000/- 6. Future medical expenses : Rs. 00/- 30,000/- 7. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,13,580/- 6,92,420/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,13,580/- to Rs.6,92,420/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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. v. The delay of 272 days is condoned and the claimant is not entitled for interest during the delay period. vi. 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. * Corrected vide chamber order dated: 19/12/2025. - 8 - HC-KAR NC: 2025:KHC:42752 MFA No. 5824 of 2025 vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 24