- 1 - HC-KAR NC: 2025:KHC:33505 MFA No. 391 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 391 OF 2021 (MV-I) BETWEEN: SRI. APPU S/O MUNINARAYANAPPA, AGED ABOUT 21 YEARS, RESIDING AT DINNUR, SOLUR, VISHWANATHAPURA, BANGALORE RURAL -562 110 …APPELLANT (BY SRI. R.LAKSHMANA, ADVOCATE) AND: 1. SRI.NASIR PASHA NO 105, 2ND MAIN, 5TH CROSS, ISLAMAPUR, HAL POST, BANGALORE NORTH, BANGALORE -560 017 2. RELIANCE GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE, BY ITS REGIONAL MANAGER, NO.28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G.ROAD, BANGALORE -560 001 …RESPONDENTS (BY SRI.RAVI S.SAMPRATHI, ADVOCATE FOR R2 V/O/DATED: 29/01/2024- NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.12.2019 PASSED IN MVC NO. 6988/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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:33505 MFA No. 391 of 2021 THIS APPEAL, COMING ON FOR ADMISSION, 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.6988/2018 dated 10.12.2019 by the IX Addl. Small Causes Judge and ACMM, Court of Small Causes, Member, MACT-7, Bengaluru, whereby the Tribunal had awarded global compensation of an amount of Rs.70,000/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 11.10.2018 at about 9.30 pm., he was riding the Bullet Motor Cycle along with pillion rider towards Devanahalli on the extreme left side of Devanahalli-Doddaballapura, NH-207 road and when they reached near Vishwanathapura Village, Devanahalli Taluk, the driver of Car drove the same in rash and negligent manner and suddenly applied the break and caused accident and due to impact the claimant and the pillion rider fell down and sustained grievous injuries all over the body. Immediately after the accident he was shifted to Devanahalli Government Hospital wherein he was taken first aid treatment and he was shifted to - 3 - HC-KAR NC: 2025:KHC:33505 MFA No. 391 of 2021 Navachethana Hospital, Yelahanka New Town wherein he took treatment as an inpatient. Basing on the evidence, the Tribunal had awarded the global compensation of an amount of Rs.70,000/-. 3. When this matter came up before the Co-Ordinate Bench of this Court on 06.06.2025 as well as on 11.07.2025, there was no representation on behalf of the appellant/ claimant. Hence, the matter was directed to be listed under the caption “dismissal”. Today also there is no representation on behalf of the appellant/claimant. Hence, as this is the appeal of the year 2021, this Court is inclined to consider the same on the merits of it basing on the material on record. 4. The Tribunal had observed that according to the claimant, he had sustained abrasion over left cheek, abrasion over the left eyebrow, deep linear abrasions over the left thigh and abrasion over the right scapular region and he has taken conservative treatment at Navachethana Hospital as an inpatient from 12.10.2018 to 15.10.2018. Further, there is no evidence on record to prove that due to the accidental injuries the claimant had sustained permanent disability, which affected - 4 - HC-KAR NC: 2025:KHC:33505 MFA No. 391 of 2021 his earning capacity. Under such circumstances, by considering the injuries sustained by the claimant and treatment taken by him, the Tribunal had granted global compensation of an amount of Rs.70,000/- including the medical expenses of an amount of Rs.43,244/-. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that basing on the available evidence the Tribunal had rightly awarded the global compensation and there are no grounds to interfere with the same. 6. Having heard the learned counsel for the respondent No.2/Insurance Company, perused the material on record. The claimant had not examined the doctor nor any other evidence is placed before the Tribunal with regard to disability. As far as the injuries are concerned, considering the injuries sustained by the claimant, this Court is inclined to grant an amount of Rs.30,000/- towards pain and suffering. The claimant had spent an amount of Rs.43,244/- towards medical expenses and as the Tribunal has already granted and this Court finds no reason to interfere. This Court is granting an - 5 - HC-KAR NC: 2025:KHC:33505 MFA No. 391 of 2021 amount of Rs.10,000/- towards the attendant and nourishment charges. This accident has happened in the year 2018, towards loss of income during laid up period for a month, this Court is granting an amount Rs.12,500/-. 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: Sl. No. Heads Rs. Compensation Awarded by this Court 1. Pain and sufferings : Rs. 30,000/- 2. Medical expenses : Rs. 43,244/- 3. Attendant and nourishment charges : Rs. 10,000/- 4. Loss of income during laid up period : Rs. 12,500/- 5. Legal expenses : Rs. 10,000/- Total : Rs. 1,05,744/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.1,05,744/-. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:33505 MFA No. 391 of 2021 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the global compensation from an amount of Rs.70,000/- to Rs.1,05,744/-. 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) 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) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 1