- 1 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 910 OF 2023 (MV-I) BETWEEN: SMT.P.PREMALATHA W/O M.SURESH, AGED ABOUT 60 YEARS, R/AT NO.231, SANCHITA NILAYA, 2ND CROSS, SHANESHWARA TEMPLE ROAD, SWARNASANDRA, MANDYA CITY, MANDYA DISTRICT-571 401 ...APPELLANT (BY SRI. RAJA L., ADVOCATE) AND: 1. SRI.S.SREEVARDHANA S/O B.SHANTHIRAJU, AGED BY MAJOR, R/AT NO.12, 2ND FLOOR, 5TH C CROSS, 9TH MAIN, AVALAHALLI NEW EXTENSION, BENGALURU-560 026 2. THE BRANCH MANAGER UNITED INSURANCE CO. LTD., KAMBALLI BUILDING, M.C.ROAD, ASHOK NAGAR, MANDYA, MANDYA DISTRICT-571 401 3. SRI.NINGANNA S/O GAVIGOWDA, AGED BY MAJOR, R/OF KARASWADI VILLAGE, MANDYA TALUK, MANDYA DISTRICT-571 401. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 4. THE BRANCH MANAGER NEW INDIA ASSURANCE CO.LTD., MANDYA MICRO OFFICE, 1ST FLOOR, 2ND CROSS, ASHOKNAGAR, MANDYA DISTRICT-571 401 ...RESPONDENTS (BY SMT.GEETHA RAJ, ADVOCATE FOR R2 SMT.Y.ARUNA, ADVOCATE FOR R4 V/O/DATED: 07/02/2023- NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2022 PASSED IN MVC NO. 967/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL IS COMING ON FOR FINAL 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.967/2018 dated 30.09.2022 by the II Addl. Senior Civil Judge and MACT, Mandya, whereby the Tribunal had granted compensation of an amount of Rs.3,94,500/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimants that on 03.05.2018, they were traveling in auto rickshaw in order to go to their house at Swarnasandra, Mandya city. At about 9.00 pm., the driver of auto rickshow after taking U-turn on Mysore- - 3 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 Bangalore road near Swarnasandra was driving slowly and cautiously by putting right side indicator and giving hand signal, at that time one car came from Bengaluru side towards Mysore driven by its driver in a rash and negligent manner at high speed in zig-zag manner and dashed against auto rickshaw. Due to the accident the claimants sustained injures. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation awarded 1. Loss of amenities and expectation of life : Rs. 15,000/- 2. Pain and suffering : Rs. 40,000/- 3. Nourishment and conveyance charges : Rs. 25,000/- 4. Loss of income during laid up period : Rs. 25,000/- 5. Medical expenses : Rs. 1,90,500/- 6. Loss of future earnings : Rs. 99,000/- Total : 3,94,500/- 3. Learned counsel appearing for the appellant/ claimant submits that the claimant had sustained four fractures, but the Tribunal had granted only an amount of Rs.40,000/- towards pain and suffering. The claimant was there in the hospital for 27 days, but Tribunal under the head of - 4 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 nourishment and conveyance charges had granted only an amount of Rs.25,000/-. Even under the head of loss of amenities also the amount granted by the Tribunal is on the lower side. It is submitted that the doctor has opined that the disability is 20% and the Tribunal had taken the disability at 6% which is on the lower side. It is submitted that on all the heads, the compensation awarded for the Tribunal is not reasonable. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the doctor has not specifically stated that the disability is to the whole body, but the Tribunal had rightly considered it as a disability to the limb and 6% is taken as a disability to the whole body. It is submitted that on all accounts, the Tribunal had granted a reasonable compensation and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the material on record. This Court has perused the award and particularly the injuries that are sustained. The claimant had sustained as many as 4 fractures. Hence, towards pain and suffering, this Court is granting an amount of - 5 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 Rs.80,000/-. Considering 27 days of hospitalization, towards nourishment and conveyance charges, this Court is granting an amount of Rs.27,000/-. As far as the medical expenses are concerned, no interference is called for. Coming to the loss of future income, as rightly submitted by the learned counsel for the insurance company, the doctor has not stated whether it is a limb disability or a whole body disability. This court has perused the evidence of the doctor and considering the evidence of the doctor, this Court is inclined to take 9% as disability instead of 6% as taken by the Tribunal. The Tribunal had rightly taken the income at Rs.12,500/-. Hence, towards loss of future income, this Court is granting an amount of (12500X12X11X9/100)=Rs.1,48,500/-. Then coming to the loss of amenities, considering the disability, this Court is granting an amount of Rs.20,000/-. As the claimant was hospitalized for 27 days, this Court is considering for 3 months and granting an amount of (12,500X3)= Rs.37,500/- towards loss of income during the laid up period. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI - 6 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 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 Rs. Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of amenities and expectation of life : Rs. 15,000/- 20,000/- 2. Pain and suffering : Rs. 40,000/- 80,000/- 3. Nourishment and conveyance charges : Rs. 25,000/- 27,000/- 4. Loss of income during laid up period : Rs. 25,000/- 37,500/- 5. Medical expenses : Rs. 1,90,500/- 1,90,500/- 6. Loss of future earnings : Rs. 99,000/- 1,48,500/- 7. Legal expenses : Rs. - 10,000/- Total : Rs. 3,94,500/- 5,13,500/- Enhanced amount : Rs. 1,19,000/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.5,13,500/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:32843 MFA No.910 of 2023 9. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,94,500/- to Rs.5,13,500/-. 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) 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) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 23