- 1 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3978 OF 2024 (MV-I) BETWEEN: SMT. VIMALA. H. M. W/O. LATE BANDIGOWDA, NOW AGED ABOUT 41 YEARS, ADLI VILLAGE AND POST, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430 …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. GO DIGIT GENERAL INSURANCE COMPANY LIMITED, PIONEER ATLANTIS, NO. 94-95, 4TH B CROSS ROAD, 4TH BLOCK, KORAMANGALA INDUSTRIAL LAYOUT, KORAMANGALA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 BENGALURU-560 095, BY ITS MANAGER 2. S. GOWTHAM S/O. SHIVANNA, MAJOR, (AGE R-2 OF NOT KNOW TO APPELLANT) RESIDENT OF SIDDIDEVARAHALLI VILLAGE, MARALAVADI HOBLI VILLAGE, POST AND HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 121 …RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R1 R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2024 PASSED IN MVC NO. 520/2021 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-17, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.520/2021 dated 01.04.2024 by the XIX Additional Judge, Court of Small Causes and MACT, Bengaluru, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimants that on 25.11.2020 at about 7:30 p.m., the claimant was going by the side of Maralavadi-Therubeedi road, at that time, the rider of the motor cycle came in a rash and negligent manner with high speed and dashed against the claimant. Due to the impact, the claimant was thrown on the road and sustained injuries to her head. Immediately after the accident, the claimant was admitted to the hospital. According to the claimant, prior to the accident, the claimant was very hale and healthy and was working as helper and earning an amount of Rs.18,000/- per month. 3. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and agony : Rs. 75,000/- - 4 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 2. Medical Expenses : Rs. 40,200/- 3. Loss of income : Rs. 43,500/- 4. Disability : Rs. 13,05,000/- 5. Loss of future prospects : Rs. 5,22,000/- 6. Food, nourishment and conveyance : Rs. 50,000/- 7. Loss of amenities : Rs. 75,000/- 8. Future medical expenses : Rs. 20,000/- TOTAL : Rs. 21,30,700/- 4. On the issue of negligence, the Tribunal had held that the accident had occurred because of the rash and negligent driving of the rider of the motor cycle and he was not having a valid driving license. The Tribunal had held that respondent No.2/owner of the vehicle is liable to pay the compensation. 5. Learned counsel appearing for the appellant/claimant submits that as per the evidence of the doctor, the disability is 89.65% and the Tribunal had taken disability at 50% without any basis. It is submitted that considering the disability, on all counts, the compensation that is awarded by the Tribunal is not just and reasonable. 6. Learned counsel appearing for respondent No.1/ Insurance Company submits that as the claimant was able to - 5 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 give evidence, the Tribunal had taken the disability at 50% and no grounds are made out seeking enhancement of the compensation. 7. Having heard the learned counsels on either side, perused the entire material on record. When this matter came up on 01.04.2025, a Co-ordinate Bench of this Court had directed appellant/claimant to appear before the Medical Board. Now, a report is placed before this Court and as per the report, the disability sustained by the claimant is 89.8%. First, coming to the issue of liability, as the accident had taken place prior to the amendment, though there is no driving license, still the Insurance Company is liable to pay the compensation and Insurance company can recover the same from the owner of the vehicle. 8. Then coming to the compensation, considering the injuries and the disability sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.1,00,000/-. The Tribunal had rightly granted an amount of Rs.40,200/- towards medical expenses and no interference is called for. As this accident had taken place in the year 2020, this Court is taking the income of the claimant at Rs.14,500/- - 6 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 per month. Hence, towards loss of income during laid up period, for six months, this Court is granting an amount of Rs.87,000/- (Rs.14,500x6). Coming to the incidental expenses, the Tribunal had granted an amount of Rs.50,000/- towards food, nourishment and conveyance. As the claimant was admitted in the hospital for 14 days, this Court is granting an amount of Rs.14,000/- towards food, nourishment and conveyance. Coming to the loss of future income, as per the report placed before this Court, the claimant had sustained 89.8% disability. This Court is rounding off the disability to 90%. 40% future prospects would come an amount of Rs.5,800/-. Then the income of the claimant would come to an amount of Rs.20,300/- (Rs.14,500+Rs.5,800/-). Hence, towards loss of future income, this Court is granting an amount of Rs.32,88,600/- (Rs.20,300x12x15x90/100). Considering the disability of 90%, this Court is granting an amount of Rs.1,00,000/- towards loss of amenities. 9. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 7 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 10. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and agony : Rs. 75,000/- 1,00,000/- 2. Medical Expenses : Rs. 40,200/- 40,200/- 3. Loss of income during laid up period : Rs. 43,500/- 87,000/- 4. Loss of future income : Rs. 13,05,000/- 32,88,600/- 5. Loss of future prospects : Rs. 5,22,000/- 00/- 6. Food, nourishment and conveyance : Rs. 50,000/- 14,000/- 7. Loss of amenities : Rs. 75,000/- 1,00,000/- 8. Future medical expenses : Rs. 20,000/- 00/- 9. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 21,30,700/- 36,39,800/- 11. Altogether, the claimant is entitled for compensation of an amount of Rs.36,39,800/-. 12. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.21,30,700/- to Rs.36,39,800/-. The Insurance Company is 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:52682 MFA No. 3978 of 2024 liable to pay the compensation and recover the same from the owner of the vehicle. i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.1/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment and shall recover the same from respondent No.2/owner of the vehicle. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 61