- 1 - HC-KAR NC: 2025:KHC:46434 MFA No. 3378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3378 OF 2025 (MV-I) BETWEEN: MANJEGOWDA S/O MANJE GOWDA, AGED ABOUT 54 YEARS, R/A YOGIHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK, HASSAN. …APPELLANT (BY SRI. MOHAN KUMAR B.M., ADVOCATE) AND: 1. SHIVASHANKARA H.M., MAJOR, S/O MELAGIRI GOWDA, R/A M. HOSAKOPPALU VILLAGE, H.N. PURA ROAD, HASSAN - 573 125. 2. THE MANAGER, HDFC ERGO GEN. INSURANCE CO. LTD., NO.25/1, BUILDING NO.2, SHANKARANARAYANA BUILDING, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 12.11.2025) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46434 MFA No. 3378 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2023 PASSED IN MVC NO.1423/2021 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.1423/2021 dated 15.03.2023 by the II Additional Senior Civil Judge and JMFC, Hassan, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has granted the compensation as per the table given below: 1. Towards pain and sufferings Rs. 60,000/- 2. Medical expenses Rs. 61,703/- 3. Towards attendant charges, Nourishment of food and Conveyance Rs. 3,000/- 4. Towards discomfort and loss of Amenities Rs. 10,000/- 5. Loss of earnings during laid up period Rs. 14,000/- - 3 - HC-KAR NC: 2025:KHC:46434 MFA No. 3378 of 2025 6. Loss of future income Rs. 1,21,968/- Total Rs. 2,70,671/- 3. Learned counsel appearing for the claimant submits that under the head of loss of amenities, loss of income during the laid up period and also under the head of loss of future earning, the Tribunal has not granted just and reasonable compensation. It is submitted that the Tribunal had taken the income at Rs.14,000/- and the accident had taken place in the year 2021, the Tribunal ought to have taken Rs.15,000/- as income. It is submitted that on all counts, the compensation that is awarded by the Tribunal is not just and reasonable and the compensation needs to be enhanced. 4. Learned counsel appearing for respondent No.2 - Insurance Company submits that the Tribunal had granted a reasonable compensation and no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the head of pain and suffering, the Tribunal had granted a reasonable amount and no interference is called for. Towards food and attendant, as the claimant was in hospital for 3 days, the - 4 - HC-KAR NC: 2025:KHC:46434 MFA No. 3378 of 2025 Tribunal has rightly granted Rs.3,000/-. Coming to the loss of earning during the laid up period, considering the income at Rs.15,000 for 3 months, the Court is granting an amount of (Rs.15,000x3) is Rs.45,000/-. Towards loss of medical expenses, as the Tribunal has rightly granted an amount of Rs.61,703/-, no interference is called for. Then the coming to the loss of future earning, according to the doctor, it is 6.66% disability. As it is 6.66%, this Court is rounding it of to 7%. Hence, it comes to an amount of (15,000x12x13x7/100) Rs.1,63,800/-. Then under the head of loss of amenities, this Court is granting an amount of Rs.30,000/-. 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 to the compensation under the following heads: Sl. Heads of Amount granted by the Amount granted by 1 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2025:KHC:46434 MFA No. 3378 of 2025 No. Compensation Tribunal this Court 1. Towards pain and sufferings Rs. 60,000/- 60,000/- 2. Medical expenses Rs. 61,703/- 61,703/- 3. Towards attendant charges, Nourishment of food and Conveyance Rs. 3,000/- 3,000/- 4. Towards discomfort and loss of Amenities Rs. 10,000/- 30,000/- 5. Loss of earnings during laid up period Rs. 14,000/- 45,000/- 6. Loss of future income Rs. 1,21,968/- 1,63,800/- 7. Legal expenses Rs. 00/- 10,000/- Total Rs. 2,70,671/- 3,73,503/- 8. Altogether, the claimant is entitled for the compensation of an amount of Rs.3,73,503/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,70,671/- to Rs.3,73,503/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) 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. - 6 - HC-KAR NC: 2025:KHC:46434 MFA No. 3378 of 2025 On such deposit, the claimant is entitled to withdraw the amount as per the award. iii) On 12.11.2025, the delay of 683 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, respondent No.2 - Insurance Company is not liable to pay the interest for the delayed period. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SJK,NS List No.: 1 Sl No.: 47