- 1 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4889 OF 2021 (MV-I) BETWEEN: JOEL NATHAN D SOUZA @ JOEL D SOUZA S/O JOSEPH ADOLPHUS D SOUZA AGED 25 YEARS, R/AT 2-10-775/3 JASON VILLA, NODU BEJAI MANGALURU TALUK D.K.DISTRICT - 575 005 …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE) AND: 1. RAJESH J S/O B JANARDHANA ADULT R/AT 3-63/1 MALALI CROSS BADAGULIPADY KANDAWARA MANGALURU D.K.DISTRICT - 575 012 2. THE BRANCH MANAGER NATIONAL INSURANCE CO LTD., MANGALURU BRANCH, 2ND FLOOR, INLAND ORNATE NAVABHARATH CIRCLE, OPPOSITE HOTEL OCEAN PEARL MANGALURU D.K.DISTRICT - 575 003 …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2 R1 - RAJESH J. SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.08.2021 PASSED IN MVC NO. 1511/2017 ON THE FILE OF THE MEMBER, MACT-III AND II Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU, 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: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1511/2017 dated 11.08.2021 by the II Additional District Judge & III Additional Motor Accident Claims Tribunal, Mangaluru D.K. The claimant is before this court seeking enhancement of the compensation. 2. The claim petition is by the claimant seeking compensation of an amount Rs.25,00,000/- for the injuries sustained in the accident. 3. It is the case of the claimant that he is aged 21 years, studying 3rd year Engineering and because of the injuries sustained by the claimant in the accident there is a disability of 96% in the right hand and the Tribunal had taken 32% - 3 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 disability to the whole body and also considering the income at Rs.16,500/- and the future prospects 50% the Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Injury, pain and suffering Rs. 1,25,000/- 2. Medical Expenses already incurred Rs. 7,02,280/- 3. Food, nourishment, conveyance and attendant charges Rs. 40,000/- 4. Loss Future income due to permanent physical disability Rs. 17,10,720/- 5. Loss of income during laid-up period Rs. 27,000/- 6. Loss of amenities and disfigurement Rs. 75,000/- 7. Future medical expenses Rs. 50,000/- TOTAL Rs. 27,30,000/- 4. Learned counsel for the claimant submits he is a student studying engineering 3rd year and the Tribunal ought to have taken Rs.20,000/- as income. It is submitted that the Tribunal ought to have taken the disability at least 40%. It is submitted that the disability would also have an impact on his - 4 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 future marriage prospects and that aspect is not considered by the Tribunal. It is submitted that on all counts of the compensation that is awarded by the Tribunal is on the lower side. 5. Learned counsel appearing for the Insurance Company submits that in this case the Tribunal had taken 50% as disability. It is already on the higher side and in all the counts also a reasonable compensation is awarded and no grounds are made out seeking enhancement of the compensation. 6. Heard the learned counsel on either side, perused the material on record. The claimant is a student of 3rd year engineering and because of the accident he had sustained 96% disability to the right hand and the Tribunal had taken it as 32% disability to the limb. Considering the circumstance and disability to the right hand, this Court is inclined to take the income at Rs.18,000/- as he is a 3rd year engineering student. Towards loss of future prospects this Court is inclined to take 50%, it comes to Rs.27,000/-. Accordingly, an amount of Rs.18,66,240/- (Rs.27,000x12x18x32/100) is granted under the head of loss of future income. The Tribunal had rightly - 5 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 granted compensation under the head of pain and suffering, medical expenses, food and nourishment. On these aspects, no interference is called for. Coming to the loss of income during the laid up period, this Court is considering 4 months at Rs.18,000/- and granting an amount of Rs.72,000/- (Rs.18000x4). Then coming to the loss of amenities the Tribunal had granted an amount of Rs.75,000/- and this Court considering the disability is granting an amount of Rs.1,00,000/-. Future medical expenses are rightly granted by the Tribunal. Considering his age and the disability would come in the way of his marriage prospects this Court is granting another amount of Rs.75,000/-. 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 to the compensation under the following heads: 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury, pain and suffering Rs. 1,25,000/- 1,25,000/- 2. Medical Expenses already incurred Rs. 7,02,280/- 7,02,280/- 3. Food, nourishment, conveyance and attendant charges Rs. 40,000/- 40,000/- 4. Loss Future income due to permanent physical disability Rs. 17,10,720/- 18,66,240/- 5. Loss of income during laid-up period Rs. 27,000/- 72,000/- 6. Loss of amenities and disfigurement Rs. 75,000/- 1,00,000/- 7. Future medical expenses Rs. 50,000/- 50,000/- 8. Marriage Prospects Rs. 00 75,000/- 9. Legal expenses Rs. 00 10,000/- TOTAL Rs. 27,30,000/- 30,40,520/- Enhancement Rs. 3,10,520/- 9. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from Rs.27,30,000/- to Rs.30,40,520/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 7 - HC-KAR NC: 2025:KHC:34146 MFA No. 4889 of 2021 ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The respondent - 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 of the order passed by this Court forthwith without any delay. v) The amount in deposit shall be forthwith transferred to the Tribunal. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ