- 1 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4142 OF 2025 (MV-I) BETWEEN: SRI B.NAGAMUNI NAIK @ BUKKE NAGAMUNI NAIK, S/O BUKKE JEEVLA NAIKA AGED ABOUT 43 YEARS R/O. NO.18/58 CHINNA BIDIKI VILLAGE SETTIPALLI POSTSAMBEPALLI MANDAL, CUDDPAH DISTRIC ANDHRA PRADESH …APPELLANT (BY SRI. KAILAS SHANKAR P.S., ADVOCATE) AND: 1. SRI.YARRAMA SETTI KUTALAIAH S/O Y.S.LAKSHMAIAH MAJOR, R/O NO.21/23, SANIPALYA VILLAGE SUDUPALLI MANDAL, CUDDAPAH DIST ANDRA PRADESH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 2. THE MANAGER THE NATIONAL INSURANCE CO. LTD., MOTOR CLAIMS HUB NO.144, 2ND FLOOR SHUBHRAM COMPLEX M.G.ROAD BANGALORE -560 001 …RESPONDENTS (BY SRI.H.S.LINGARAJ, ADVOCATE FOR R2 V/O/DATED: 20/06/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 30.10.2024 PASSED IN MVC NO. 4713/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.4713/2022 dated 30.10.2024 by the Chief Judge, Court of Small Causes & Member, Principal MACT, Bengaluru, whereby the Tribunal had granted a compensation of an amount of Rs.1,44,700/-, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 60,000 /- 2. Attendant, conveyance and nourishment charges : Rs. 10,000 /- 3. Medical expenses : Rs. 24,700/- 4. Loss of amenities and future unhappiness : Rs. 50,000/- TOTAL : Rs. 1,44,700/- 3. The claimant was working as a school teacher and in the accident, he had suffered soft tissue injury with muscle loss over peroneal compartment right leg with fracture of neck of fibula right with foot drop. Due to foot drop injury he suffered - 4 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 severe right common peroneal motor axonal neuropathy. He underwent surgeries in the form of debridement and secondary closure under LA on 30.04.2022. According to the doctor, there is pain and difficulty in walking, inability to dorsiflex right foot, inability to work as a teacher. On examination, the claimant is walking with limping with right sided, foot drip gait (foot drop splint in situ), wasting of right lower limb is seen, surgical and secondary scars are seen over right leg. The doctor deposed that the patient always requires to wear splint to his right leg. Without splint he cannot do any physical activities on his right leg. There is no sensation in right leg fingers in spite of wearing splint. If splint is removed there is foot drop. According to the doctor, his total disability is 47.7%. Right sided common peroneal nerve nanopathy is 5%. The doctor had deposed that the total disability of right lower limb is 53% and 26% to the whole body. The doctor has also stated that after retirement the patient cannot do any manual labour work. He needs an attendant throughout his life time to attend his daily living activities and the disability is permanent. He needs surgery in the form of tendon transfers which would cost an amount of Rs.50,000/- in a private setup. - 5 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 4. Learned counsel appearing for the appellant/claimant submits that under the head of loss of amenities the amount that is awarded by the Tribunal is not just and reasonable. It is submitted that as per the evidence of the doctor, the disability would have an impact throughout his life and just because he is continuing with his profession as a teacher, that does not mean that he is not entitled for compensation under the head of loss of amenities. As per the evidence of the doctor, he needs an attendant. It is submitted that under the head of loss of amenities, the amounts needs to be enhanced. 5. Learned counsel appearing for the respondent No.2/ Insurance Company submits that the Tribunal had already granted an amount of Rs.50,000/- under the head of loss of amenities and he is continuing to work as teacher. That itself shows that there is no difficulty for the claimant to continue his profession and the doctor who has assessed the disability is not the treated doctor and the Tribunal had rightly granted the compensation and no enhancement is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused - 6 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 the evidence of the doctor which is extracted in the preceding paragraphs. This makes it very clear what is the impact of foot drop on the life of the claimant. As he is continuing with the job, he is not entitled for any future loss of income. But this injury will have an impact lifelong and the Tribunal ought to have quantified the amount under the head of loss of amenities considering all these aspects. Further, when the doctor deposed that there is an implant inside and the same has to be removed, no amount is granted under the head of future medical expenses. Hence, under the head of loss of future amenities and unhappiness, this Court is granting an amount of Rs.5,00,000/- and towards future medical expenses, this Court is granting an amount of Rs.40,000/-. 7. 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. 8. The claimant is entitled for compensation under the following heads: 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 60,000 /- 60,000/- 2. Attendant, conveyance and nourishment charges : Rs. 10,000 /- 10,000/- 3. Medical expenses : Rs. 24,700/- 24,700/- 4. Loss of amenities and future unhappiness : Rs. 50,000/- 5,00,000/- 5. Future medical expenses : Rs. 00/- 40,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,44,700/- 6,44,700/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.6,44,700/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,44,700/- to Rs.6,44,700/-. 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. - 8 - HC-KAR NC: 2025:KHC:45623 MFA No. 4142 of 2025 On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii. On 07.11.2025, the delay of 119 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest for the delayed period. Hence, Insurance Company is not liable to pay the interest for the delay period. iv. The Registry is directed to send the 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 MEG List No.: 2 Sl No.: 20