- 1 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 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.1331 OF 2024(MV-I) BETWEEN: SMT. KAMALAMMA, W/O. CHIKKABASAVEGOWDA, AGED ABOUT 52 YEARS, R/AT. KIRAGUNDA VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK-571 129. …APPELLANT (BY SRI. PREREET B. JAIN, ADVOCATE FOR SRI. P. MAHESHA, ADVOCATE) AND: 1. THE DEPOT MANAGER, KSRTC NANJANGUD DIVISION, NANJANGUD-571 301. 2. T. S. DILIPKUMAR, S/O. LATE SANJEEV RAJE URS, AGED ABOUT 41 YEARS, R/A BETTADATUNGA VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 P. R. PATNA TALUK, PRESENTLY WORKING AS KSRTC BUS DRIVER, NANJANGUD DIVISION, NANJANGUD-571 301. …RESPONDENTS (BY SRI. SAMARTH PRAKASH, ADVOCATE FOR R1; R2 IS SERVED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 11.11.2021 PASSED IN MVC NO.1589/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 ORAL JUDGMENT The present appeal is filed aggrieved by the award passed in MVC.No.1589/2018 dated 11.11.2021 by the Motor Accidents Claims Tribunal and Senior Civil Judge, Nanjangud, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.12,50,000/- for the injuries sustained by the claimant in the accident. According to the claimant, she is 50 years old, she is an agriculturist and a milk vendor and used to earn an amount of Rs.15,000/- p.m. The Tribunal has awarded the compensation as per the table given below: Sl.No Heads Compensation Awarded 1. Future loss of income due to disability : Rs. 2,57,400/- 2. Pain and suffering : Rs. 40,000/- 3. Medical expenses : Rs. 81,139/- 4. Future medical expenses : Rs. 30,000/- - 4 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 5. Incidental charges : Rs. 7,200/- 6. Loss of income during treatment period : Rs. 10,100/- 7. Loss of amenities & expectations : Rs. 5,000/- 8. Conveyance : Rs. 2,000/- TOTAL : Rs. 4,32,839/- 3. Learned counsel appearing for the claimant submits that the claimant had sustained head injury but the Tribunal had granted only an amount of Rs.40,000/- under the head of Pain and Suffering. Further under the incidental expenses and the loss of income during laid up period, the Tribunal has not granted reasonable compensation. Further he submits that the claimant had sustained 55% disability to the whole body, but the Tribunal had not granted future prospects and granted an amount of Rs.2,57,400/- only and the said calculation made by the Court is without any basis. It is submitted that under the head of loss of amenities, the Tribunal had granted only an amount of Rs.5,000/-. It is submitted that - 5 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 the compensation awarded under all the heads is not a just and reasonable compensation. 4. Learned counsel appearing for respondent No.1 submits that the Tribunal considering all the aspects had granted a reasonable compensation and no grounds are made out for enhancement of the compensation. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the head injury that is sustained by the claimant, this Court is granting an amount of Rs.60,000/- under the head of pain and suffering. Under the head of medical expenses the Tribunal has rightly granted an amount of Rs.81,139/- and no interference is called for. Then coming towards the incidental expenses, as the claimant was hospitalized for 11 days, this Court is granting an amount of Rs.11,000/- under the said head. Then coming to the loss of income during the laid up period, considering the chart prepared by the Karnataka State Legal Services - 6 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 Authority, as this is an accident of the year 2018, this Court is taking Rs.12,500/- p.m. as income, for four months she is entitled for an amount of (Rs.12,500x4) is Rs.50,000/-. Then coming to the future medical expenses, the Tribunal had rightly granted an amount of Rs.30,000/- and no interference is called for. Coming to the loss of future income, when the Tribunal had taken 55% as disability to the whole body considering the age of the claimant as 50 years the Tribunal ought to have granted 10% future prospects, but the calculation arrived at by the Tribunal is without any basis. Hence, taking the income at Rs.12,500/- p.m. and by adding 10% future prospects the income comes to Rs.13,750/- p.m. and under the head loss of future income, the claimant is entitled for an amount of Rs.11,79,750/- (Rs.13,750X12X13X55/100). Coming to loss of amenities, considering the disability at 55%, this Court is granting an amount of Rs.80,000/- under the said head. - 7 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 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: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income : Rs. 2,57,400/- 11,79,750/- 2. Pain and Sufferings : Rs. 40,000/- 60,000/- 3. Medical Expenses : Rs. 81,139/- 81,139/- 4. Future Medical Expenses : Rs. 30,000/- 30,000/- 5. Incidental Charges : Rs. 7,200/- 11,000/- 6. Loss of income during the laid up period : Rs. 10,100/- 50,000/- 7. Loss of amenities : Rs. 5,000/- 80,000/- 8. Conveyance : Rs. 2,000/- 00/- 9. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,32,839/- 15,01,889/- Enhancement : Rs. 10,69,050/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:45988 MFA No. 1331 of 2024 8. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,32,839/- to Rs.15,01,889/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) However, the appellant is not entitled for any interest for the period of delay of 633 days on the enhanced sum as per orders in I.A.No.1/2024 dated 12.11.2025. iii) The respondent No.2-KSRTC 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. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE NS, CT:TSM, List No.: 1 Sl No.: 3