- 1 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 6296 OF 2024 (MV-I) BETWEEN: SRI KANTHRAJU H S @ KANTHAIAH H S S/O LATE SRI. SRIKANTANTHAIAH AGED ABOUT 65 YEARS R/AT P HONAMACHANAHALLI VILLAGE HUNIYURUDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT …APPELLANT (BY SRI. SATHISHA T., ADVOCATE) AND: 1. SRI MALLESH C M S/O MACHAIAH AGE MAJOR R/AT CHAKANAKAERE VILLAGE DUNDANAHALLI MADHURU TLAUK MANDYA DISTRICT 571 429 2. THE MANAGER IFFICO TOKIO GENERAL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 INSURANCE COMPANY LTD. SRI. SHANTHI TOWER 4TH FLOOR, OFFICE AT NO. 141 3RD MAIN EAST OF NGEF LAYOUT KASTURINAGAR BENGALURU 560 043 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 10.03.2025) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2023 PASSED IN MVC NO.1859/2022 ON THE FILE OF THE XIV ADDITIONAL SCJ, ACMM, AND MEMBER, MACT, BENGALURU SCCH-10, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1859/2022 dated 17.11.2023 by the XIV Addl. SCJ., ACMM & MACT, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained in the road traffic accident. On 04.03.2022 at about 5.00 p.m. the petitioner was proceeding on his son’s motorcycle as a pillion rider. At that time, the driver of the car came in a high speed and in a rash and negligent manner and dashed against the claimant’s motor cycle. Due to the impact, the petitioner fell down on the road and sustained grievous injuries. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of future earning : Rs. 1,05,000/- 2. Pain and suffering : Rs. 40,000/- 3. Loss of Amenities : Rs. 30,000/- 4. Towards of attendant, food and nourishment and conveyance charges : Rs. 5,000/- - 4 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 5. Loss of income during the laid up period : Rs. 12,500/- 6. Medical expenses : Rs. 54,572/- 7. Future medical expenses : Rs. 15,000/- TOTAL : Rs. 2,62,072/- 4. Learned counsel appearing for the claimant submits that the Tribunal had failed to grant a reasonable amount under the head of loss of income during the laid up period and as per the doctor the disability is 12% to the whole body, the Tribunal had taken 10% as disability. It is submitted that on all counts the compensation needs to be enhanced. 5. Learned counsel appearing for the respondent/ insurance company submits that tribunal had granted reasonable compensation and there are no grounds to interfere. 6. Having heard the learned counsel on either side, perused the entire material on record. As rightly argued by the learned counsel for the insurance company under the head of pain and suffering, loss of amenities, incidental charges the tribunal had rightly granted the compensation, there are no reasons to interfere. Coming to the loss of income during - 5 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 the laid up period, for three months at Rs.15,500/-, this court is granting an amount of Rs.46,500/-. Towards medical expenses and future medical expenses, the Tribunal had rightly granted the compensation and no enhancement is called for. Towards loss of future earning, Tribunal ought to have taken the disability at 12% this court is granting an amount of Rs.1,56,240/- (Rs.15,500/-x12x7x12/100=Rs.1,56,240/-). 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 for an amount of Rs.3,57,312/- under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future earning : Rs. 1,05,000/- 1,56,240/- 2. Pain and suffering : Rs. 40,000/- 40,000/- 3. Loss of Amenities : Rs. 30,000/- 30,000/- 4. Towards of attendant, food and : Rs. 5,000/- 5,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 nourishment and conveyance charges 5. Loss of income during the laid up period : Rs. 12,500/- 46,500/- 6. Medical expenses : Rs. 54,572/- 54,572/- 7. Future medical expenses : Rs. 15,000/- 15,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,62,072/- 3,57,312/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,62,072/- to Rs.3,57,312/- ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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. - 7 - HC-KAR NC: 2025:KHC:42751 MFA No. 6296 of 2024 v. The delay of 195 days is condoned by order dated 27.10.2025 that the claimant is not entitled for interest during the delay period. Accordingly claimant is not entitled for interest for the delayed period of 195 days. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 20