- 1 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1668 OF 2024 (MV-I) BETWEEN: MR. THRIMURTHY R. S/O. RAMAKRISHNA, AGED ABOUT 43 YEARS, RESIDING AT NO. 23/2, 12TH CROSS, K.P. AGRAHARA, MAGADI ROAD, BENGALURU - 560 023. …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S. UNITED INDIA INSURANCE CO. LTD., BY ITS MANAGER MOTOR CLAIMS HUB, NO. 18, 6TH FLOOR, NEAR KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU - 560 001. 2. MR. GULAM RASUL K. S/O KADIR AGLAY, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 NO. 27, 6TH CROSS, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 20.08.2024) THI MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2023 PASSED IN MVC NO. 956/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-19), 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:45034 MFA No. 1668 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC No.956/2020 dated 15.03.2023 by the XV Additional Small Causes Judge and XXIII ACMM, Bengaluru, whereby the Tribunal had granted an amount of Rs.5,20,000/- as compensation, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1989, seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the accident. 3. The Tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and Sufferings : Rs. 15,000/- 2. Medical Expenses : Rs. 1,35,572/- 3. Transportation, Nourishment, Conveyance and attendant charges : Rs. 7,000/- 4. Compensation on account of permanent disability : Rs. 3,02,400/- - 4 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 5. Towards future medical expenses : Rs. 50,000/- 6. Towards loss of amenities of life : Rs. 10,000/- TOTAL : Rs. 5,19,972/- 4. The learned counsel appearing for the claimant submits that the Tribunal failed to grant reasonable compensation, though the injuries sustained by the claimant resulted in mild limping gait, healed surgical scar over the left hip, tenderness in the hip joint, restricted movements of the left hip with wasting of the left gluteal muscles and as per the recent X-ray of the pelvis with both hips shows a united fracture with implant in situ is noted. 5. The Tribunal has awarded only a sum of Rs.15,000/- under the head of pain and suffering and no amount has been granted under the head of loss of income during the laid-up period. It is further submitted that though the doctor had deposed that the disability is 45% to the left lower limb and 15% to the whole body, the Tribunal, without any proper basis, has assessed the disability at 12%. - 5 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 Therefore, it is submitted that on all the counts the compensation needs to be enhanced. 6. Learned counsel appearing for the respondent/Insurance Company submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere with the same. 7. Having heard the learned counsels on either side, perused the material on record. Considering the injuries that are sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.50,000/-. Towards medical expenses, incidental expenses and future medical expenses, the Tribunal had rightly granted the compensation and no interference is called for. Coming to the loss of income during the laid-up period, considering that the accident had occured in the year 2019 and taking the laid-up period as 3 months, this Court is granting an amount of Rs.42,000/- (Rs.14,000 x 3). Then coming to the permanent disability, though the doctor had deposed that the disability is 15% to the whole body, while the Tribunal has taken only 12%, no proper reasoning is forth coming. In that view of the matter, - 6 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 this Court is taking the disability at 15%. Hence under the head of future loss of income, this Court is granting an amount of (Rs.14,000 x 12 x 15 x 15 / 100) Rs.3,78,000/-. Coming to the head of loss of amenities, considering the 15% disability, this Court is granting an amount of Rs.30,000/-. 8. 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. 9. The claimant is therefore, entitled for compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 15,000/- 50,000/- 2. Medical Expenses : Rs. 1,35,572/- 1,35,572/- 3. Transportation, Nourishment, Conveyance and attendant charges, incidental expenses : Rs. 7,000/- 7,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 4. Compensation on account of permanent disability/Future loss of income : Rs. 3,02,400/- 3,78,000/- (14,000x12x15x15/100) 5. Towards future medical expenses : Rs. 50,000/- 50,000/- 6. Towards loss of amenities of life : Rs. 10,000/- 30,000/- 7 Loss of income during laid up period : Rs. 00 42,000/- (14000 X 3) 8. Legal Expenses : Rs. 00 10,000/- TOTAL : Rs. 5,19,972/- 7,02,572 Enhancement : Rs. 1,82,600/- 10. Altogether, the claimant is entitled for total compensation of an amount of Rs.7,02,572/- 11. Accordingly, the appeal filed by the claimant is partly-allowed by enhancing the compensation from an amount of Rs.5,19,972/- to Rs.7,02,572/-. i) The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. ii) The respondent No.1-Insurance Company shall deposit the enhanced compensation amount within - 8 - HC-KAR NC: 2025:KHC:45034 MFA No. 1668 of 2024 a period of eight weeks from the date of receipt of copy of this judgment. On such deposit, the claimant is entitled to withdraw the entire amount. 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) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 29