- 1 - HC-KAR NC: 2025:KHC:45031 MFA No. 4186 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.4186 OF 2024(MV-I) BETWEEN: SHRI. MANJUNATH S/O NARASAPPA AGED ABOUT 31 YEARS, R/AT NO. 100/1, BELAGERA, CHITTOOR TALUK, YAGAPUR, KALABURGI - 5858218. …APPELLANT (BY SRI. GURUDEV PRASAD K T.,ADVOCATE) AND: 1. TATA AIG GENERAL INSURANCE CO. LTD., BY ITS REGIONAL MANAGER, NO. 69, 2ND FLOOR, JP AND DEVI JAMBUKESHWAR ARCADE, MILLER ROAD, BENGALURU - 560 052. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45031 MFA No. 4186 of 2024 2. ASHOK K P S/O LATE K S POOVAIAH, R/AT NO. 78, 1ST MAIN, 1ST CROSS, HERRENGALA, KAMALANAGAR, BASAVESHWARANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 R2 SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.10.2023 PASSED IN MVC NO. 1214/2022 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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:45031 MFA No. 4186 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC No.1214/2022 dated 16.10.2023 by the III Additional Judge and MACT, Court of Small Causes, Bengaluru (SCCH-18), whereby the Tribunal had granted an amount of Rs.14,78,400/- 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.27,00,000/- for the injuries sustained by the claimant in the road traffic accident. 3. The Tribunal has awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 75,000/- 2. Loss of income during laid-up period and rest period : Rs. 31,000/- 3. Medical expenses : Rs. 6,70,000/- 4. Attendant, Nourishment and Conveyance Charges : Rs. Rs.20,000/- 5. Loss of future income due to disability : Rs. 6,32,400/- 6. Loss of Amenities : Rs. 30,000/- - 4 - HC-KAR NC: 2025:KHC:45031 MFA No. 4186 of 2024 7. Future medication : Rs. 20,000/- TOTAL : Rs. 14,78,400/- 4. The learned counsel appearing for the claimant submits that, when the doctor has deposed that the disability to the whole body is 28%, the Tribunal has failed to consider the same. Further, as the claimant is working as a mason and considering the grievous injuries that were sustained by the claimant, the Tribunal had granted loss of income during the laid-up period only for 2 months. Even under the head of loss of amenities and future medication, the amount granted by the Tribunal is not just and reasonable. 5. The learned counsel appearing for the respondent No.1/Insurance Company submits that the Tribunal has rightly assessed and granted the compensation by considering the evidence on record and therefore, no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. As far as under the heads of pain and suffering, medical expenses and incidental expenses are concerned, the tribunal has rightly granted the compensation and no interference is called for. Coming to the - 5 - HC-KAR NC: 2025:KHC:45031 MFA No. 4186 of 2024 loss of income during the laid-up period, considering the injuries and the occupation of the claimant, this Court is taking the laid-up period as 5 months. Hence, towards loss of income during laid-up period, this Court is granting (Rs.15,500x5) an amount of Rs.77,500/-. Towards loss of future income, when the doctor has deposed that the disability is 55% to the upper limb and 20% to the lower limb, the whole body disability cannot be taken at 28%. Taking 1/4th of the upper limb disability and 1/3rd of the lower limb disability, this Court is taking the whole body disability at 20.1%. Hence, taking the monthly income at Rs.15,500/- + 40% towards future prospects, would comes to Rs.6,200/- (15,500x40%), the total monthly income comes to Rs.21,700/. Applying the multiplier of 17 and taking the whole body disability at 20.1%. Hence, towards loss of future income, this Court is granting an amount of Rs.8,89,786/- (Rs.21,700x12x17x20.1/100). Towards loss of amenities, this Court is granting an amount of Rs.40,000/-. Towards future medical expense 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 - 6 - HC-KAR NC: 2025:KHC:45031 MFA No. 4186 of 2024 AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 75,000/- 75,000/- 2. Loss of income during laid-up period and rest period : Rs. 31,000/- 77,500/- 3. Medical expenses : Rs. 6,70,000/- 6,70,000/- 4. Attendant, Nourishment and Conveyance Charges : Rs. Rs.20,000/- 20,000/- 5. Loss of future income due to disability : Rs. 6,32,400/- 8,89,786/- 6. Loss of Amenities : Rs. 30,000/- 40,000/- 7. Future medical expenses : Rs. 20,000/- 40,000/- 8. Legal expenses : Rs. 00 10,000/- TOTAL : Rs. 14,78,400/- 18,22,286/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.18,22,286/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45031 MFA No. 4186 of 2024 10. Accordingly, the appeal filed by the claimant is partly-allowed by enhancing the compensation from an amount of Rs.14,78,400/- to Rs.18,22,286/-. 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/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 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. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 40