- 1 - HC-KAR NC: 2025:KHC:34112 MFA No. 6028 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6028 OF 2022 (MV-I) BETWEEN: SRI. NAGESH Y., S/O LATE YALLAPPA AGED ABOUT 41 YEARS NO.03, KANCHUGARANAHALLI VILLAGE BIDADI HOBLI RAMANAGARA DISTRICT …APPELLANT (BY SRI. PUTTA SWAMY C., ADVOCATE) AND: 1. SRS TRAVELS PROP: MEGHA B.R., NO. 321, TSP ROAD, KALASIPALYAM BENGALURU -562 002 2. RELIANCE GENERAL INSURANCE CO. LTD., LEGAL OFFICE, CENTENARY BUIDLING 5TH FLOOR, M.G. RAOD, BANGALORE -560 001 (REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI.D.VIJAY KUMAR, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2022 PASSED IN MVC NO.415/2020 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-18, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34112 MFA No. 6028 of 2022 THIS APPEAL, COMING ON FOR 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.415/2020 dated 20.04.2022 by the III Addl. Judge and MACT, Court of Small Causes, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.4,76,060/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 13.01.2020 at about 2.45 pm., he was riding the motor cycle slowly and cautiously from his village towards Ramanagara on Harohalli- Bidadi Main road, near Medenahalli Village, Bidadi Hobli, Ramanagara District. At that time, a Maxi cab which was driven by its driver in a rash and negligent manner and took his vehicle towards right, at the same speed in order to take U- turn without giving any signals. As a result, the claimant who was coming behind colluded with the maxi cab. Due to the said impact, he fell down and sustained grievous injuries to his right leg. Immediately, the claimant was shifted to the Mathru Hospital, Bengaluru, wherein he was admitted as an inpatient. - 3 - HC-KAR NC: 2025:KHC:34112 MFA No. 6028 of 2022 Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation awarded 1. Pain and suffering : Rs. 30,000/- 2. Loss of income during laid up period and rest period : Rs. 26,000/- 3. Medical expenses : Rs. 1,77,860/- 4. Attendant, nourishment and conveyance charges : Rs. 10,000/- 5. Loss of future income : Rs. 1,87,200/- 6. Loss of amenities : Rs. 25,000/- 7. Future medication : Rs. 20,000/- Total : 4,76,060/- 3. The Tribunal had taken the income at Rs.13,000/- per month. When the doctor had deposed that the disability is 42% to the limb, the Tribunal had taken 8% as disability to the whole body and towards the loss of income during the laid up period, the Tribunal had taken two months and awarded an amount of Rs.26,000/-. 4. Learned counsel appearing for the appellant/ claimant submits that when the doctor had deposed that it is 42% disability to the limb, the Tribunal ought to have taken 14% to the whole body and the income ought to have taken at - 4 - HC-KAR NC: 2025:KHC:34112 MFA No. 6028 of 2022 Rs.14,000/- per month and even on all the other heads also the compensation that is awarded is not just and reasonable. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly considered and awarded the compensation and there are no reasons to interfere with the same. 6. Having heard the learned counsels on either side, perused the material on record. In this case, the claimant had sustained one fracture and this Court is granting an amount of Rs.40,000/- towards pain and suffering. Coming to the loss of income during the laid up period and the income is concerned, as this is an accident of the year 2020, this Court is inclined to take the income at Rs.14,500/- per month and for 3 months, it comes to an amount of Rs.43,500/- towards loss of income during the laid up period. Towards medical expenses, basing on the evidence the Tribunal had rightly considered and granted an amount of Rs.1,77,800/- and no interference is called for. The claimant was in hospital for 3 days and the Tribunal had rightly granted an amount of Rs.10,000/- towards attendant, nourishment and conveyance - 5 - HC-KAR NC: 2025:KHC:34112 MFA No. 6028 of 2022 expenses, even on that account also no interference is called for. Towards loss of amenities and towards loss of future medication also the Tribunal had granted the amount in accordance with the evidence and no interference is required. Coming to the loss of future income, the doctor had opined that the disability is 42% to the whole body, but the Tribunal had taken the disability at 8%, considering the evidence of the doctor and in the facts and circumstances, this Court is taking 12% as disability. Hence, it comes to an amount of (14,500X12X15X12/100)=Rs.3,13,200/- towards loss of future income. The Tribunal had rightly denied the interest on the future medical expenses and the claimant is not entitled for the same. 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:34112 MFA No. 6028 of 2022 Sl. No. Heads Rs. Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 30,000/- 40,000/- 2. Loss of income during laid up period and rest period : Rs. 26,000/- 43,500/- 3. Medical expenses : Rs. 1,77,860/- 1,77,860/- 4. Attendant, nourishment and conveyance charges : Rs. 10,000/- 10,000/- 5. Loss of future income : Rs. 1,87,200/- 3,13,200/- 6. Loss of amenities : Rs. 25,000/- 25,000/- 7. Future medication : Rs. 20,000/- 20,000/- 8. Legal expenses : Rs. - 10,000/- Total : Rs. 4,76,060/- 6,39,560/- Enhanced amount : Rs. 1,63,500/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.6,39,560/-. 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,76,060/- to Rs.6,39,560/-. - 7 - HC-KAR NC: 2025:KHC:34112 MFA No. 6028 of 2022 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 claimant is not entitled for the interest on the future medical expenses. iii) Respondent No.2-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) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 3