- 1 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6627 OF 2022(MV-I) BETWEEN: SRI. KRISHNA MURTHY C., AGED ABOUT 54 YEARS, S/O CHIKKEGOWDA @ GOWDA CHELUVA, NO.205, 5TH MAIN, RAMAKRISHNA NAGAR, BENGALURU NORTH, BENGALURU – 560 096. …APPELLANT (BY SRI. M.V.MAHESWARAPPA., ADVOCATE) AND: 1. SRI. A. T. GHOUSE MOHIDEEN, MAJOR, S/O TAJUDEEN, NO.2/4, MAJEED ST.THUMBAL POST, PETHANAKKENAPALYAM, SALEM, TAMIL NADU – 636 113. 2. THE REGIONAL MANAGER, THE UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, NO.18, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 of 2022 BENGALURU – 560 001. REP. BY THE MANAGER. …RESPONDENTS (BY SRI.B.S.KRISHNA, ADVOCATE FOR R2; R1 – A.T.GHOUSE MOHIDEEN SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.06.2022 PASSED IN MVC NO.6401/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER-MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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.6401/2019 dated 10.06.2022 by the VIII Additional Small Causes Judge & ACMM, Member MACT (SCCH-5) at Bengaluru, claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the accident. According to the claimant, he is 56 years old, he was - 3 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 of 2022 running a catering business and used to earn an amount of Rs.1,00,000/- p.m. 3. The Trial Court had granted compensation as per the following table: Sl.No. Heads Amount 1. Loss of future income Rs.13,50,000/- 2. Pain and Suffering Rs.10,000/- 3. Conveyance, Nourishment & Attendance charges Rs.10,000/- 4. Medical expenses Rs.26,592/- 5. Loss of Amenities in life Rs.10,000/- 6. Loss of income during laid up period Rs.50,000/- TOTAL Rs.14,56,592/- 4. Learned counsel appearing for the claimant submits that the court under the head of pain and suffering has not granted reasonable compensation and as he has sustained the disability of 25%, the court under the head of loss of amenities, pain and suffering has not granted a reasonable compensation. Even under the head - 4 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 of 2022 of loss of income during laid up period, only one month is considered. When the doctor has opined that it is 55% disability, court has taken only 25% as disability, which is on the lower side. The compensation needs to be enhanced. 5. Learned counsel appearing for the insurance company submits that the court has considered all the evidence in its proper perspective and granted the compensation and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that the claimant had sustained a head injury, but under the head of pain and suffering, court has granted only an amount of Rs.10,000/- and this court is enhancing the same to an amount of Rs.50,000/-. Towards conveyance, nourishment and also medical expenses, court has granted reasonable amount and no interference is called for. Then coming to - 5 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 of 2022 the disability, the doctor who has given the disability certificate at 55% is not competent to give the certificate as admitted by him and court had taken 25% disability. Hence, this court finds no reason to interfere with the same. At the disability of 25%, under the head of loss of amenities, this court is granting an amount of Rs.30,000/-. Then coming to the future loss of income, the court had rightly granted an amount of Rs.13,50,000/- and no interference is called for. Then coming to the loss of income during the laid up period as he had sustained a head injury, at least for 3 months, he is entitled for an amount of Rs.1,50,000/-. 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. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 of 2022 8. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income : Rs. 13,50,000/- 13,50,000/- 2. Pain and Suffering : Rs. 10,000/- 50,000/- 3. Conveyance, nourishment & Attendance charges : Rs. 10,000/- 10,000/- 4. Medical expenses : Rs. 26,592/- 26,592/- 5. Loss of amenities : Rs. 10,000/- 30,000/- 6. Loss of income during laid up period : Rs. 50,000/- 1,50,000/- 7. Legal expenses : Rs. 00 10,000/- TOTAL : Rs. 14,56,592/- 16,26,592/- Enhancement : Rs. 1,70,000/- 9. Altogether, the claimant is entitled for an amount of Rs.16,26,592/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing compensation from Rs.14,56,592/- to Rs.16,26,592/-. - 7 - HC-KAR NC: 2025:KHC:30805 MFA No. 6627 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 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 without furnishing any security. iii. The apportionment of the amount shall be as per the order passed by the Tribunal 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 SS List No.: 1 Sl No.: 11