- 1 - HC-KAR NC: 2025:KHC:45109 MFA No. 5544 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5544 OF 2024 (MV-I) BETWEEN: SMT. USHA W/O VENKATESH B.H., AGED ABOUT 32 YEARS R/AT KOTE BANAVARA VILLAGE, ARSIKERE TALUK – 573 103 HASSAN DISTRICT …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. SRI K.SURESH S/O KUMAR MAJOR R/AT MUNICIPLE QUARTERS, MARUTHI NAGARA, ARSIKERE TOWN, ARSIKERE TALUK - 573 103 2. THE MANAGER CHOLOMANDALAM M.S.GENERAL INSURANCE CO. LTD., DARE HOUSE, 2ND FLOOR NO.02, NSP BUS ROAD, CHENNAI REPRESENTED BY MANAGER CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45109 MFA No. 5544 of 2024 NO.271, ASHRAYA LAKSHMI VILAS ROAD, DEVARAJA MOHALLA BENGALURU - 560 038 …RESPONDENTS (BY SRI.H.S.LINGARAJ, ADVOCATE FOR R2 V/O/D: 05/11/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.12.2023 PASSED IN MVC NO.881/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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.881/2022 dated 19.12.2023 by the II Addl. Senior Civil Judge and JMFC, Hassan, the claimant is before this court seeking enhancement of the compensation. 2. The Tribunal had granted compensation as per the table given below: - 3 - HC-KAR NC: 2025:KHC:45109 MFA No. 5544 of 2024 SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 45,000/- 2. Medical Expenses : Rs. 1,07,090/- 3. Towards attendant charges, nourishment and conveyance : Rs. 10,000/- 4. Discomfort and loss of amenities : Rs. 25,000/- 5. Loss of income during laid up period : Rs. 30,000/- 6. Loss of future income : Rs. 1,22,400/- Total : Rs. 3,39,490/- 3. Learned counsel appearing for the claimant submits that the Tribunal has not granted a just and reasonable compensation and on all the other heads also the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent/ insurance company submits that the Tribunal has granted a just and reasonable compensation and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal under the head of medical expenses as per the evidence has granted a - 4 - HC-KAR NC: 2025:KHC:45109 MFA No. 5544 of 2024 reasonable amount and no interference is called for. Coming to the attendant charges for the hospitalization of 10 days, the Tribunal has granted an amount of Rs.10,000/- and no enhancement is called for. Towards loss of amenities and loss of future income, the Tribunal has taken the disability at 4% and had rightly granted the compensation. Coming to the loss of income during the laid up period the Tribunal has rightly granted an amount of Rs.30,000/-. This Court is of the view that on all counts the Tribunal has granted just and reasonable compensation and no interference is called for. Coming to the pain and suffering, considering the crush injury, this Court is granting an amount of Rs.65,000/-. 6. 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. 7. The claimant is therefore entitled for compensation of an amount of Rs.3,69,490/- under the following heads: 1 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2025:KHC:45109 MFA No. 5544 of 2024 Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 45,000/- 65,000/- 2. Medical Expenses Rs. 1,07,090/- 1,07,090/- 3. Towards attendant charges, nourishment and conveyance Rs. 10,000/- 10,000/- 4. Discomfort and loss of amenities Rs. 25,000/- 25,000/- 5. Loss of income during laid up period Rs. 30,000/- 30,000/- 6. Loss of future income Rs. 1,22,400/- 1,22,400/- 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 3,39,490/- 3,69,490/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,39,490/- to Rs.3,69,490/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. 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 - 6 - HC-KAR NC: 2025:KHC:45109 MFA No. 5544 of 2024 deposit, the claimant is entitled to withdraw the amount as per the award. iv. The delay of 147 days is condoned by order dated 05.11.2025 on the condition that the claimant is not entitled for interest. Hence the claimants are not entitled for the interest for 147 days delay period. v. Registry is directed to forward the certified copy of the order of this court to the Tribunal forthwith. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 6