- 1 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 924 OF 2023 (MV-I) BETWEEN: C E CHANDREGOWDA S/O EREGOWDA, AGED ABOUT 31 YEARS R/AT CHOLENAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. JAYARAMA H R S/O RAMEGOWDA, AGED ABOUT 41 YEARS, R/AT HARALAHALLI VILLAGE KASABA HOBLI, HOLENARASIPURA TALUK 2. THE MANAGER NEW INDIA ASSURANCE CO. LTD., NO.2951, CHAMUNDIPURAM, J.L.B ROAD, MYSURU REPTD BY NEW INDIA ASSURANCE CO. LTD., B H ROAD, HOLENARASIPURA …RESPONDENTS (BY SRI. R. JAIPRAKASH, ADVOCATE FOR R2 VIDE ORDER DATED 08.02.2023, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.08.2022 PASSED IN MVC NO.834/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, CO MING ON FOR HEARING, 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.834/2020 dated 16.08.2022 by the Senior Civil Judge and JMFC at Holenarasipura whereby the Tribunal had granted an amount of Rs.3,78,756/- as compensation. The claimant is before this Court seeking enhancement. 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the accident. 3. The brief facts of the case are that on 29.10.2019 at about 12.30 p.m. the claimant was proceeding in motor cycle as a pillion rider near the land of Manjegowda, Cholenahalli- - 3 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 Gopanahalli road the rider of the motor cycle rode the same in rash and negligent manner endangering to the human life and due to which the claimant fell down and sustained the grievous injuries all over the body. Immediately, the claimant was taken to Hemavathi Hospital, Hassan for treatment and he was admitted as an inpatient for a period of 15 days and he has spent Rs.3,00,000/- for medical expenses. 4. The Tribunal had granted the compensation to the claimant as per the table given below: Heads Compensation Awarded 1. Loss of Future income on account of permanent disability Rs. 2,37,048/- 2. Pain and suffering Rs. 10,000/- 3. Loss of income during the laid up period Rs. 10,000/- 4. Loss of amenities Rs. 5,000/- 5. Attendant charges, diet, nourishment and conveyance Rs. 5,000/- 6. Medical expenses Rs. 1,11,708/- TOTAL Rs. 3,78,756/- - 4 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 5. Learned counsel appearing for the claimant submits that the Tribunal had not granted a reasonable compensation on all the heads. Under the head of pain and suffering, loss of amenities, loss of earning and on all counts the compensation that is awarded by the Tribunal is not reasonable. 6. Learned counsel appearing for the Insurance Company submits that the Tribunal had rightly granted reasonable compensation and there are no grounds to interfere. 7. Having heard the learned counsels on either side, perused the materials on record. Considering one fracture injury that is sustained by the claimant, this Court is granting an amount of Rs.40,000/- under the head of pain and suffering. Coming to the loss of amenities considering 8% disability, this Court is granting an amount of Rs.20,000/-. Towards medical bills, the Tribunal has already granted an amount of Rs.1,11,708/- and no interference is called for. Loss of future earning also, the Tribunal has reasonably granted an amount of Rs.2,37,048/-. No interference is called for. Under the head of loss of amenities considering the disability of 8.3%, this Court is granting an amount of Rs.20,000/-. - 5 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 Towards loss of earning during the laid up period for 3 months, this Court is granting an amount of Rs.42,000/- (Rs.14,000x3). Considering the additional documents filed towards additional medical bills spent by the claimant another amount of Rs.52,000/- is granted by this Court. He was in hospital for 5 days. Towards attendant charges, diet, nourishment and conveyance, this Court is granting an amount of Rs.5,000/-. 8. 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. 9. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Future income on account of permanent disability Rs. 2,37,048/- 2,37,048/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 2. Pain and suffering Rs. 10,000/- 40,000/- 3. Loss of income during the laid up period Rs. 10,000/- 42,000/- 4. Loss of amenities Rs. 5,000/- 20,000/- 5. Attendant charges, diet, nourishment and conveyance Rs. 5,000/- 5,000/- 6. Medical expenses Rs. 1,11,708/- 1,11,708/- 7. Additional medical expenses Rs. 00/- 52,000/- 8. Legal Expenses Rs. 00- 10,000/- TOTAL Rs. 3,78,756/- 5,17,756/- Enhancement Rs. 1,39,000/- 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from Rs.3,78,000/- to Rs. 5,17,756/-. ii) 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) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such - 7 - HC-KAR NC: 2025:KHC:34823 MFA No. 924 of 2023 deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv) 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. v) The amount in deposit shall be forthwith transferred to the Tribunal. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 16 CT-SG