- 1 - HC-KAR NC: 2025:KHC:46435 MFA No. 5609 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. 5609 OF 2025 (MV-I) BETWEEN: SRI. MANI S/O RAJANNA NOW AGED ABOUT 56 YEARS RESIDING AT GANTAGANA DODDI VILLAGE BOLARE POST, HAROHALLI HOBLI AND TALUK RAMANAGARA DISTRICT - 562 112. …APPELLANT (BY SRI. GIRI MALLAIAH, ADVOCATE) AND: 1. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, GOLDEN HEIGHTS, 4TH FLOOR, NO.1/2, 59TH 'C' CROSS, 4TH 'M' BLOCK RAJAJINAGARA, BENGALURU - 560 110 BY ITS MANAGER. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46435 MFA No. 5609 of 2025 2. MR. MANJUNATH H R S/O RAGHURAM REDDY, MAJOR NO.468, 3RD CROSS, HOODI MAHADEVAPURA POST, BENGALURU - 560 048. …RESPONDENTS (BY SRI. B. PRADEEP.,ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 31.07.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.04.2025 PASSED IN MVC NO. 3161/2024 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH NO. 1), 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:46435 MFA No. 5609 of 2025 ORAL ORDER Aggrieved by the award passed in MVC No.3161/2024 dated 25.04.2025 by the Chief Judge, Court of Small Causes, Principal Motor Accident Claims Tribunal, Bengaluru (SCCH No.1), the claimant is before this Court seeking enhancement of compensation. The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. The Tribunal has awarded the compensation as per the table given below: Sl. No. Head of Compensation Amount 1. Pain and Sufferings Rs. 75,000-00 2. Treatment charges Rs. 22,680-00 3. Attendant, conveyance and nourishment charges Rs. 25,000-00 4. Loss of income during treatment period (16,500x6) Rs. 99,000-00 6. Loss of amenities and future unhappiness Rs. 55,000-00 TOTAL Rs. 2,76,680-00 2. Learned counsel appearing for the appellant- claimant submits that when the claimant had sustained four fractures, under the head of pain and sufferings, the Tribunal has not granted a reasonable compensation. It is submitted that when the Doctor has opined that the claimant has suffered - 4 - HC-KAR NC: 2025:KHC:46435 MFA No. 5609 of 2025 90% disability to the limb and 26% to the whole body, the Tribunal has not granted any amount under the head loss of future income. It is submitted that on all counts, the compensation that is awarded by the Tribunal is not just and reasonable. 3. Learned counsel for respondent No.1-Insurance Company submits that the doctor had deposed that the disability to the upper limb and the lower limb is 90% and whole body is 26%. It is submitted that there should have been a bifurcation as far as upper limb is concerned, it is 1/4th of the whole body disability and its lower limb is 1/3rd and the Tribunal had rightly not taken and has not granted any compensation. It is submitted that as the Tribunal has not granted any compensation under the heads of loss of future income and under the head of incidental expenses, loss of income during the laid up period and loss of amenities, the amount that is granted by the Tribunal is on the higher side and the same needs to be reduced. 4. Having heard the learned counsels on either side, perused the material on record. Considering the injuries that - 5 - HC-KAR NC: 2025:KHC:46435 MFA No. 5609 of 2025 are sustained by the claimant under the head of pain and suffering, this Court is granting an amount Rs.80,000/-. Towards the Treatment Charges, Tribunal has granted reasonable amount and no interference is called for. The claimant was in hospital for 12 days. Hence, under the head of incidental expenses, this Court is granting an amount of Rs.12,000/-. Coming to the loss of income during the laid up period, the Tribunal had granted for 6 months, which is on the higher side and this Court is granting for 3 months i.e., (16,500x3) is Rs.49,500/- towards loss of income during the laid up period. Coming to the loss of future income as rightly argued by the learned counsel appearing for respondent No.1/Insurance Company, the doctor ought to have deposed upon what is the upper limb disability and what is the lower limb disability. unfortunately, the same was not done. In these circumstances, this Court is inclined to take the disability at 20%. Hence, under the head of loss of future income this Court is granting an amount of (Rs.16,500x12x11x20/100) is Rs.4,35,600/-, under the head of loss of amenities, this Court is granting an amount of Rs.50,000/. - 6 - HC-KAR NC: 2025:KHC:46435 MFA No. 5609 of 2025 5. 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. 6. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 75,000/- 80,000/- 2. Treatment charges : Rs. 22,680/- 22,680/- 3. Attendant, conveyance and nourishment charges : Rs. 25,000/- 12,000/- 4. Loss of income during the laid up period : Rs. 99,000/- 49,500/- 5. Loss of Future income : Rs. 00/- 4,35,600/- 6. Loss of amenities : Rs. 55,000/- 50,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,76,680/- 6,59,780/- 7. Altogether, the claimant is entitled for compensation of an amount of Rs.6,59,780/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:46435 MFA No. 5609 of 2025 8. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,76,680/- to Rs.6,59,780/-. 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.1-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 as per the award. iv) Registry is directed to forward the certified copy of the order of this Court to the Tribunal forthwith. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SJK List No.: 1 Sl No.: 134 CT:BHK