- 1 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 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.2105/2024 (MV-I) BETWEEN: SMT. MALLAJAMMA W/O BASAVAIAH, AGED ABOUT 52 YEARS, R/O HONNURU VILLAGE, YELANDURU TALUK, CHAMARAJANAGARA DISTRICT. …APPELLANT (BY SRI. PRAMOD R., ADVOCATE) AND: 1. MANJUNATHA S/O JAVAREGOWDA, AGED MAJOR, R/O NO.6/300, 6TH WARD, MEENAKSHIPURAM BLOCK, K.R.NAGAR TOWN, MYSURU DISTRICT-571408. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., NO.36/D, 1ST FLOOR, MYSORE TRADE CENTRE, OPPOSITE KSRTC BUS STAND, MYSORE-571408. …RESPONDENTS (BY SRI.T.N. MALATHI, ADVOCATE FOR R2 R1-MANJUNATH SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO. 306/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, 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 - 3 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.306/2015 dated 21.06.2022 by the Senior Civil Judge & Additional MACT, Kollegala, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 10,000/- 2. Medical Expenses : Rs. NIL 3. Diet, food, nourishment, attendant, conveyance charges and other expenses : Rs. 5,000/- 4. Loss of future earning capacity on account of permanent physical disability. : Rs. 95,040/- 5. Loss of amenities of life and discomfort : Rs. 5,000/- 6. Loss of income during laid up period : Rs. 5,000/- 7. Future medical expenses : Rs. NIL TOTAL : Rs. 1,20,040/- - 4 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 3. Learned counsel appearing for the appellant/claimant submits that the claimant had sustained grievous injuries and the Tribunal had not granted reasonable compensation under the head of pain and suffering. It is submitted that towards loss of income during laid up period and loss of amenities also, the amount that is granted by the Tribunal is not just and reasonable and under all the heads, the compensation needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly granted the compensation and rightly applied the principal of pay and recover and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievous injuries sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.50,000/-. Towards diet, food, nourishment, attendant, conveyance charges and other expenses, as the claimant was in hospital for 5 days, the Tribunal had rightly granted an amount of Rs.5,000/- and this Court finds no reasons to interfere. As it - 5 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 is the case of the claimant that she was doing labour work and earning an amount of Rs.6,000/-, this Court is taking the income at Rs.6,000/- per month. Towards loss of income during the laid up period, for four months, this Court is granting an amount of Rs.24,000/- (Rs.6,000x4). Towards loss of future income, the Tribunal had rightly granted an amount of Rs.95,040/- and no interference is called for. As the claimant had sustained 12% disability, this Court is granting an amount of Rs.30,000/- towards loss of amenities of life and discomfort. 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 for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 10,000/- 50,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 2. Medical Expenses : Rs. NIL NIL 3. Diet, food, nourishment, attendant, conveyance charges and other expenses : Rs. 5,000/- 5,000/- 4. Loss of future earning capacity on account of permanent physical disability. : Rs. 95,040/- 95,040/- 5. Loss of amenities of life and discomfort : Rs. 5,000/- 30,000/- 6. Loss of income during laid up period : Rs. 5,000/- 24,000/- 7. Future medical expenses : Rs. NIL NIL 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,20,040/- 2,14,040/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.2,14,040/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,20,040/- to Rs.2,14,040/- and respondent No.2/ Insurance Company shall pay the compensation and recover the same from respondent No.1/owner of the vehicle. - 7 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The 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 and shall recover the same from respondent No.1/owner of the vehicle. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. 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. iv. On 29.08.2025, the delay of 539 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest for the delayed period. Hence, the claimant is not entitled for interest for the delayed period. - 8 - HC-KAR NC: 2025:KHC:46395 MFA No. 2105 of 2024 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG CT:bms List No.: 2 Sl No.: 10