- 1 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5620 OF 2022 (MV-I) BETWEEN: SHIVASHANKARA K., S/O KANNAPPA AGED ABOUT 35 YEARS R/AT HOSABALE VILLAGE SHIMOGA DISTRICT …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD., MVC HUB, KRISHI BHAVANA HUDSON CIRCLE, NRUPATHUNGA ROAD BENGALURU 2. SRI PAVAN KUMAR REDDY S/O PUCHALAPALLI VENKATA KRISHNA REDDY MAJOR R/AT NO.712, SATHYA SAI LAYOUT NEAR FLORENCE SCHOOL, HOODY BENGALURU - 48 …RESPONDENTS (BY SRI.M.ARUN PONNAPPA, ADVOCATE FOR R1 V/O/DATED: 21/07/2025- NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.04.2022 PASSED IN MVC NO. 1282/2019 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1282/2019 dated 30.04.2022 by the X Addl. Judge, Court of Small Causes and MACT, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.4,91,700/-, the claimant is before this Court seeking enhancement of the compensation. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for injuries sustained by the claimant in the accident. 2. It is the case of the claimant that on 01.02.2019 at about 1.30 am., he was riding scooter slowly, cautiously and observing all traffic norms, at that time all of a sudden the driver of car driven the same with high speed in rash and negligent manner dashed to the said scooter. Due to the said accident, the claimant fell down and sustained grievous injuries on his body. Immediately after the accident, he was shifted to People’s Tree Hospital, Bengaluru, wherein he took first aid treatment, thereafter he was shifted to Sapthagiri Hospital, - 3 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 Bengaluru wherein he was treated as inpatient. The claimant had sustained four fractures and he was in hospital for 20 days and the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation awarded 1. Pain and sufferings and loss of income during laid up period : Rs. 92,000/- 2. Attendant charges, extra nutritious food and conveyance expenses : Rs. 25,000/- 3. Medical expenses : Rs. 55,844/- 4. Loss of future income due to permanent disability : Rs. 2,68,800/- 5. Loss of future amenities and happiness : Rs. 50,000/- 6. Future medical expenses : Rs. - Total : 4,91,644/- It is rounded off to an amount of Rs.4,91,700/-. 3. Learned counsel appearing for the appellant/ claimant submits the Tribunal under the head of pain and sufferings and loss of income during laid up period had granted an amount Rs.92,000/- which is on the lower side. It is further submitted that when the doctor has opined that the claimant’s disability is 39% to the limb and 13% to the whole body, the Tribunal without any basis had taken 10% as the disability. - 4 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 Further, the Tribunal had taken the notional income at Rs.14,000/- per month and awarded the compensation. It is the submitted that the compensation awarded by the Tribunal is not a just and reasonable compensation. 4. Learned counsel appearing for respondent No.1/ Insurance Company submits that as the injuries are not coming in the way of the claimant, for his future earnings the Tribunal had rightly considered only 10%. Further, on all counts the amount that is granted by the Tribunal is on the higher side. When it comes to the loss of future amenities and happiness, when the disability is at 10%, without any basis the Tribunal had granted an amount of Rs.50,000/-. It is submitted that no interference is called for with the well considered award passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. Considering the four fractures that the claimant had sustained, under the head of pain and sufferings, this Court is granting an amount of Rs.80,000/-. Considering the hospitalization, towards the attendant charges, extra nutritious food and conveyance expenses the Tribunal - 5 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 had granted an amount of Rs.25,000/- and this Court is not interfering with the same. Coming to the loss of income during the laid up period this Court is granting an amount of (14,000X4) Rs.56,000/-. Towards Medical expenses, the Tribunal had rightly granted an amount of Rs.55,844/- and no interference is called for. Then coming to the loss of future income, when the doctor had opined that the disability to the limb is 39% and whole body is 13%, the reasoning that is given by the Tribunal for taking the disability at 10% is not satisfactory. In the light of the evidence of the doctor, this Court is inclined to take 13% as disability. Hence, towards loss of future income this Court is granting an amount of (14,000X12X16X13/100)=Rs.3,49,440/-. Considering the disability, towards loss of amenities this Court is granting an amount of Rs.20,000/-. 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. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 92,000/- 80,000/- 2. Loss of income during laid up period : Rs. 56,000/- 3. Attendant charges, extra nutritious food and conveyance expenses : Rs. 25,000/- 25,000/- 4. Medical expenses : Rs. 55,844/- 55,844/- 5. Loss of future income due to permanent disability : Rs. 2,68,800/- 3,49,440/- 6. Loss of future amenities and happiness : Rs. 50,000/- 20,000/- 7. Legal expenses : Rs. - 10,000/- Total : Rs. 4,91,644/- (rounded off to Rs.4,91,700/-) 5,96,284/- Enhanced amount : Rs. 1,04,584/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.5,96,284/-. - 7 - HC-KAR NC: 2025:KHC:33507 MFA No. 5620 of 2022 9. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,91,700/- to Rs.5,96,284/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Respondent No.1-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. iv) 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 v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 2 Sl No.: 24