- 1 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 671 OF 2025 (MV-I) BETWEEN: RAHAMATULLA S/O SHAMSHEER AGED ABOUT 34 YEARS R/O, MAHAMMADPURA VILLAGE HALEBEEDU HOBLI, BELUR TALUK HASSAN DISTRICT-573 201 …APPELLANT (BY SRI. MADHU M T., ADVOCATE) AND: 1. SADASHIVA S K S/O LATE KRISHNASHETTY MAJOR, R/O, SALAGAME VILLAGE AND HOBLI, HASSAN TALUK HASSAN DISTRICT-573 201 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 1ST PHASE, KRUTHIKA ARCADE MPL, SAS NO.329.331 NEAR N.R CIRCLE HOLENARSIPURA ROAD HASSAN-573 201 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 05.08.2025; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.09.2024 PASSED IN MVC NO.344/2022 ON THE FILE OF THE COURT OF OF 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 FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.344/2022 dated 03.09.2024 by the II Addl. Senior Civil Judge and JMFC at Hassan, whereby the Tribunal had awarded compensation of an amount of Rs.7,94,354/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 17.11.2021 at about 12.15 pm., when the claimant was travelling in the motor bike from Adaguru towards his native place, the driver of Ashok Leyland vehicle drove the said vehicle in a rash and negligent manner and dashed to the claimant’s bike, as a result of which the claimant sustained injuries to his head, hands, legs and other parts of the body. Immediately, he was shifted to Janapriya Hospital, Hassan, wherein he took treatment as inpatient for a period of one month and underwent surgery to his right leg. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 Sl. No. Heads of Compensation Amount granted 1. Towards pain and suffering Rs. 60,000/- 2. Medical expenses Rs. 3,05,546/- 3. Towards attendant charges, nourishment of food and conveyance Rs. 20,000/- 4. Towards discomfort and loss of amenities Rs. 10,000/- 5. Loss of earnings during laid up period Rs. 42,000/- 6. Loss of future income Rs. 3,11,808/- 7. Future medical expenses Rs. 45,000/- Total Rs. 7,94,354/- 3. Learned counsel appearing for the appellant/ claimant submits that under the head of loss of amenities considering the disability at 11.6% to the whole body the Tribunal had awarded only an amount of Rs.10,000/- which is on the lower side. The Tribunal had taken the income at Rs.14,000/- per month instead of Rs.15,000/- per month and granted an amount of Rs.42,000/- towards loss of income during the laid up period. It is submitted that even under the head of loss of future income also the claimant is entitled for enhancement. It is further submitted that the compensation that is awarded by the Tribunal is not just and reasonable and the same needs to the enhanced. - 5 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. Considering the injuries that are sustained by the claimant the Tribunal had rightly granted the amount towards pain and suffering, medical expenses, conveyance, food and nourishment and this Court is not interfering with the same. Considering the disability at 11.6%, this Court is granting an amount of Rs.30,000/- towards loss of amenities. Considering the income at Rs.15,000/- per month, for three month this Court is granting an amount of(15000X3) Rs.45,000/- towards of loss of income during the laid up period. Towards loss of future income, this Court is granting an amount of (15000X11.6X12X16/100)= Rs.3,34,080/-. Towards future medical expenses the Tribunal had rightly granted an amount of Rs.45,000/- and this Court is not interfering with the same. - 6 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 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. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Towards pain and suffering Rs. 60,000/- 60,000/- 2. Medical expenses Rs. 3,05,546/- 3,05,546/- 3. Towards attendant charges, nourishment of food and conveyance Rs. 20,000/- 20,000/- 4. Towards discomfort and loss of amenities Rs. 10,000/- 30,000/- 5. Loss of earnings during laid up period Rs. 42,000/- 45,000/- 6. Loss of future income Rs. 3,11,808/- 3,34,080/- 7. Future medical expenses Rs. 45,000/- 45,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 7,94,354/- 8,49,626/- Enhanced amount Rs. 55,272/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.8,49,626/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42576 MFA No. 671 of 2025 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,94,354/- to Rs.8,49,626/- and the Insurance Company is liable to pay the compensation amount. 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 pay the compensation. iv) 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. v) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 28