- 1 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3757 OF 2022 (MV-I) BETWEEN: PRASHANTH SHETTY S/O BABU SHETTY AGED ABOUT 42 YEARS R/AT H.NO.5-131, NEAR MITHLOTTU MIYURU VILLAGE, KARKALA TALUK, UDUPI DISTRICT AT PRESENT RESIDING AT C/O DINESH B.SHETTY BAL KATTA, KALYAN NIVAS HEREBETTU VILLAGE, PARKALA UDUPI TALUK UDUPI DISTRICT-45 …APPELLANT (BY MS.PAVANA B.K., ADVOCATE FOR SRI. PRATHEEP K.C., ADVOCATE) AND: 1. SHRI.PRAKASH RAMAPPA JADAMALI S/O RAMAPPA JADAMALI R/AT MARUTHI NILAYA 5TH CROSS, RAJARAJESHWARI NAGARA, RANEBENNURU TALUK HAVERI DISTRICT-34 2. THE LIBERTY VIDEOCON GEN. INS. LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE 10TH FLOOR, TOWER A PENINISULA BUSINESS PARK GANPAT RAO, KADAM MARG LOWER PAREL, MUMBAI-400 013 …RESPONDENTS (BY SRI.A.N.KRISHNASWAMY, ADVOCATE FOR R2 V/O/DATED: 19/09/2024- NOTICE TO R1 IS DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.01.2022 PASSED IN MVC NO. 597/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, 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.597/2015 dated 10.01.2022 by the II Addl. Senior Civil Judge and Addl. MACT, Udupi, whereby the Tribunal had granted compensation of an amount of Rs.1,51,917/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 06.09.2014 at about 3.15 pm., the claimant was riding a motor cycle in a careful manner from Karkala side to Joduraste side and when he reached near Joduraste Kukkundoor Village, a car came on the extreme right side of road in a rash and negligent manner from Udupi to Karkala side dashed to the motor cycle and thereby he sustained severe injuries. Immediately he was shifted to KMC Hospital Manipal. Basing on the evidence, the - 3 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation awarded 1. Medical expenses relating to treatment and hospitalization and medicines : Rs. 89,917/- 2. Special diet and nourishment : Rs. 1,400/- 3. Loss of income during the laid up period : Rs. 1,600/- 4. Pain and suffering : Rs. 55,000/- 5. Attendant charges : Rs. 2,400/- 6. Conveyance charges : Rs. 1,600/- Total : 1,51,917/- 3. Learned counsel appearing for the appellant/ claimant submits that the claimant had sustained two grievous injuries, but the Tribunal had granted only an amount of Rs.55,000/- towards pain and suffering, under the head of loss of income during the laid period, the Tribunal had granted only an amount of Rs.1,600/-, under the head of special diet and nourishment, attendant and conveyance charges, the amount that is granted by the Tribunal is not a just and reasonable compensation. It is submitted that the doctor has deposed that the claimant had sustained 17% disability to the limb. Even on - 4 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 that count also no amount is awarded. It is further submitted that the amount on all respects needs to be enhanced. 4. Learned counsel appearing for the respondent No.2/ Insurance Company submits that even after the accident, the claimant was working and the injuries that are sustained and the disability that is sustained is not coming in the way of his employment and income. Hence, the Tribunal had rightly not considered and on all aspects, the amount of compensation that is awarded by the Tribunal is just and reasonable. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the claimant had sustained two fractures, this Court is granting an amount of Rs.60,000/- towards pain and sufferings. As the Tribunal has already awarded the medical expenses of an amount of Rs.89,917/-, this Court is not interfering with the same. Considering 8 days of hospitalization, under the head of attendant, special diet, nourishment charges this Court is granting an amount of Rs.8,000/-. Considering the notional income at an amount of Rs.8,500/-, for 3 months, this Court is granting an amount of Rs.25,500/- towards loss of income - 5 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 during laid up period. As there is no dispute about the fact that the doctor has opined that the claimant had sustained 17% disability to the limb, hence, 1/3rd of it is 5% and this Court is considering the disability at 5% and granting an amount of (Rs.8,500X12X16X5/100)=Rs.81,600/- towards loss of future income. Under the head of loss of amenities, the doctor has stated that there is difficulty in climbing the steps, this Court is granting an amount of Rs.10,000/-. 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. No. Heads Rs. Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Medical expenses relating to treatment and hospitalization and medicines : Rs. 89,917/- 89,917/- 2. Special diet and : Rs. 1,400/- 8,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 nourishment and attendant charges 3. Loss of income during the laid up period : Rs. 1,600/- 25,500/- 4. Pain and sufferings : Rs. 55,000/- 60,000/- 5. Attendant charges : Rs. 2,400/- - 6. Conveyance charges : Rs. 1,600/- - 7. Loss of future income (8500X12X16X5/100) : Rs. - 81,600/- 8. Loss of amenities : Rs. - 10,000/- 9. Legal expenses : Rs. - 10,000/- Total : Rs. 1,51,917/- 2,85,017/- Enhanced amount : Rs. 1,33,100/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.2,85,017/-. 9. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,51,917/- to Rs.2,85,017/-. 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. - 7 - HC-KAR NC: 2025:KHC:33508 MFA No. 3757 of 2022 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.: 2 Sl No.: 22