- 1 - HC-KAR NC: 2025:KHC:46397 MFA No. 2299 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.2299/2024 (MV-I) BETWEEN: SMT. RANI DEVI K AGED ABOUT 24 YEARS, W/O KARAN MANDAL. R, R/AT NO.365, AR COLONY, NEAR GOVERNMENT SCHOOL, VIDYASAGAR, BENGALURU NORTH, BENGALURU-560 077. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. SRI SHASHIDHAR M S MAJOR, S/O SHIVALINGAIAH, R/O VAISHNAVI, 21ST CROSS, S I T., SIR M VISHVESHWARAIAH EXTN., TUMKURU-570102. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46397 MFA No. 2299 of 2024 2. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU-560025. REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. H Y HARISH, ADVOCATE FOR SMT. PRAMEELA G., ADVOCATE FOR R1 SRI K NAGARAJAIAH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2024 PASSED IN MVC NO.1386/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, 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:46397 MFA No. 2299 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1386/2022 dated 22.01.2024 by the VII Additional Judge and ACMM, Bengaluru, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 25,000/- 2. Medical Expenses : Rs. 1,89,098/- 3. Loss of future income : Rs. 4,31,276/- 4. Loss of income during the laid up period : Rs. 7,000/- 5. Loss of amenities and nutrition food : Rs. 10,000/- 6. Attendant charges and conveyance : Rs. 9,000/- 7. Future medical expenses : Rs. 15,000/- TOTAL : Rs. 6,86,374/- 3. Learned counsel appearing for the appellant/claimant submits that the evidence of the doctor is that the claimant had sustained permanent residual physical disability of 50.75% to the left lower limb and the Tribunal had taken 15% as - 4 - HC-KAR NC: 2025:KHC:46397 MFA No. 2299 of 2024 disability. It is submitted that the Tribunal ought to have taken the disability at 17%. It is submitted that on all other heads, the compensation that is granted is not just and reasonable. 4. Learned counsel appearing for respondent No.2/ Insurance Company as well as respondent No.1/owner of the vehicle submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the 3 fracture injuries that are sustained by the claimant, this Court is granting an amount of Rs.60,000/- under the head of pain and suffering. Towards medical expenses, the Tribunal had rightly granted the amount and no interference is called for. Coming to the loss of income during laid up period, as the accident had occurred in the year 2023, considering the income of the claimant at Rs.15,500/-, for four months, this Court is granting an amount of Rs.62,000/- (Rs.15,500x4). The claimant was in hospital for 9 days. Hence, towards attendant charges and conveyance, this Court is granting an amount of Rs.9,000/-. Coming to the loss of future income, when the - 5 - HC-KAR NC: 2025:KHC:46397 MFA No. 2299 of 2024 doctor had deposed that there is 50.75% disability to the limb, the Tribunal ought to have taken 17% as the disability to the whole body. This Court is taking the disability at 17% and towards loss of future income, this Court is granting an amount of Rs.5,69,160/- (Rs.15,500x12x18x17/100). Considering the disability of 17%, this Court is granting an amount of Rs.30,000/- towards loss of amenities. Towards future medical expenses, this Court is granting an amount of Rs.30,000/-. 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 for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 25,000/- 60,000/- 2. Medical Expenses : Rs. 1,89,098/- 1,89,098/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:46397 MFA No. 2299 of 2024 3. Loss of future income : Rs. 4,31,276/- 5,69,160/- 4. Loss of income during the laid up period : Rs. 7,000/- 62,000/- 5. Loss of amenities and nutrition food : Rs. 10,000/- 30,000/- 6. Attendant charges and conveyance : Rs. 9,000/- 9,000/- 7. Future medical expenses : Rs. 15,000/- 30,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 6,86,374/- 9,59,258/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.9,59,258/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.6,86,374/- to Rs.9,59,258/-. The Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. 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 - 7 - HC-KAR NC: 2025:KHC:46397 MFA No. 2299 of 2024 from the date of receipt of copy of the judgment and shall recover the same from respondent No.1/owner of the vehicle. 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 MEG CT:bms List No.: 2 Sl No.: 11