- 1 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7047 OF 2023 (MV-I) BETWEEN: HARISHA S/O BANGARANNA, AGED 34 YEARS, R/AT GARTHIKERE HALANDUR VILLAGE, HOSANAGARA TALUK, NOW R/O 5TH CROSS, A BLOCK, SHARAVATHI NAGAR, SHIVAMOGGA. …APPELLANT (BY SMT. KAMADOLLI MANJULADEVI RAMAPPA, ADVOCATE) AND: 1. ADARSHA S/O NANJUNDA, AGED 25 YEARS, R/O SRIRAMANAGARA RIPPENPETE, HOSANAGARA TALUK - 577 418, SHIVAMOGGA DIST. 2. H K MAHESH S/O H N KRISHNAPPA GOWDA, AGED ABOUT 49 YEARS, R/O SRIDEVI POULTRY FARM, RIPPENPETE, HOSANAGARA TALUK - 577 418 SHIVAMOGGA DISTRICT. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 3. THE MANAGER THE UNITED INSURANCE CO., LTD., AMEER AHAMED CIRCLE, SHIVAMOGGA - 577 201.. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2 R1 - ADARSHA SERVED R2 - H.K. MAHESH SERVED) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.11.2022 PASSED IN MVC NO.699/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AND ADDITIONAL MACT-VII, SHIVAMOGGA, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.699/2019 dated 16.11.2022 by the Court of I Additional Senior Civil Judge & CJM & Additional Motor Accident Claim Tribunal- VII, at Shivamogga, whereby the Tribunal had granted compensation of an amount of Rs.9,65,950/-, the claimant - 3 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 is before this Court seeking enhancement of the compensation. 2. The brief facts of the case is that on 02.11.2018, when the claimant was proceeding in a motorcycle Enfield bike from Hondalagadde cross towards Hosanagara at around 9.45 a.m., the 1st respondent being the driver of the Bolero pickup vehicle drove his vehicle in a rash and negligent manner and dashed to the bike in which the claimant was traveling. Due to the said impact, the claimant had sustained injuries to his head, right hand, right leg and other parts of the body. 3. The Tribunal had granted compensation as per the table given below:- Heads Compensation Awarded by Tribunal 1. Pain and Sufferings : Rs. 40,000/- 2. Towards attendant charges, transportation and misc. expenses. : Rs. 20,000/- 3. Loss of amenities and nutritious food : Rs. 15,000/- - 4 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 4. Medical Expenses : Rs. 1,70,300/- 5. Loss of income during the laid up period : Rs. 37,500/- 6. Loss of future income : Rs. 6,06,900/- 7. Future Medical Expenditure : Rs. 50,000/- 8. Traveling expenditure : Rs. 26,250/- TOTAL : Rs. 9,65,950/- 4. Learned counsel appearing for the appellant/claimant submits that the claimant had sustained 3 fractures and the Tribunal under the head Pain and Suffering had granted an amount of Rs.40,000/-, which is on the lower side. Further, the claimant was in hospital for a period of 30 days, but towards attendant charges, transportation and miscellaneous expenses had granted only an amount of Rs.20,000/-. He had sustained disability to the whole body at 17%, under the head of loss of amenities the Tribunal had granted only an amount of Rs.15,000/-. Coming to the loss of income during the laid up period, the Tribunal had granted an amount of Rs.37,500/- considering the income of the - 5 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 appellant/claimant at Rs.12,500/- for 3 months and it ought have been granted for 6 months. According to the Doctor future medical expenses are at Rs.75,000/- but the Tribunal had granted only Rs.50,000/- and even for the traveling expenditure the Tribunal had granted only an amount of Rs.26,250/- and it ought to have granted a reasonable compensation. It is submitted that the compensation needs to be enhanced on all heads. 5. Learned counsel appearing for the respondent No.3/ Insurance Company submits that on all the counts, the Tribunal had granted reasonable compensation. It is submitted that for re-operation, granting an amount of Rs.75, 000/- as stated by the Doctor is on the higher side. It is submitted that there are no reasons to interfere. 6. Having heard the learned counsel on either side, perused the entire material on record. Coming to the 3 fractures sustained by the claimant i.e., to the head, right hand, right leg, under the head of Pain and Suffering this Court is granting an amount of Rs.60,000/. Towards - 6 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 attendant, nourishment and transportation charges as the claimant stayed in hospital for 30 days, this Court is granting an amount of Rs.30,000/-. Towards medical expenses, the Tribunal had granted as per the evidence and no interference is called for. Towards loss of income during the laid up period, as the claimant stayed in the hospital for 30 days and he had sustained 3 fractures and for 4 months, he is entitled for an amount of Rs. 50,000/- (Rs.12,500 x 4 months). Coming to the loss of future income, the Tribunal had rightly taken the income and disability as per the evidence of the Doctor and granted amount, no interference is called for. Towards future medical expenses also, for one surgery awarding an amount of Rs.75,000/- is on the higher side and the Tribunal had rightly granted Rs.50,000/-. Then coming to the loss of amenities, considering the fact that claimant had sustained 17% disability to the whole body, this Court is granting an amount of Rs.30,000/-. Towards travel expenses, no interference is called for. - 7 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 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. Altogether, the claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings Rs. 40,000/- 60,000/- 2. Towards attendant charges, transportation and misc. expenses. Rs. 20,000/- 30,000/- 3. Loss of amenities and nutritious food Rs. 15,000/- 30,000/- 4. Medical Expenses Rs. 1,70,300/- 1,70,300/- 5. Loss of income during the laid up period (12,500/- x 4) Rs. 37,500/- 50,000/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 6. Loss of future income Rs. 6,06,900/- 6,06,900/- 7. Future Medical Expenditure Rs. 50,000/- 50,000/- 8. Traveling expenditure Rs. 26,250/- 26,250/- 9. Legal Expenses Rs. - 10,000/- TOTAL Rs. 9,65,950/- 10,33,450/- Enhancement Rs. 67,500/- 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation amount from Rs.9,65,950/- to Rs.10,33,450/- and the Insurance company is liable to pay the compensation. 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. ii) The respondent No.3/Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. - 9 - HC-KAR NC: 2025:KHC:33010 MFA No. 7047 of 2023 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. 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) On 22.08.2025, the delay of 217 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delay period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PSJ List No.: 3 Sl No.: 18