- 1 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7950 OF 2022 (MV-I) BETWEEN: GURUSIDDAIAH S/O NINGAIAH AGED 54 YEARS, R/O KATTANAVADI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440. …APPELLANT (BY SRI. PRAMOD R., ADVOCATE) AND: 1. AMULRAJA S/O ARPPUDAM AGED MAJOR, R/O ALADAMARADA DODDI, PRAKASH PALYA, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT-571440. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, ATCHAM MANSION, DR. RAJKUMAR ROAD, SOUTHERN EXTENSION, KOLLEGALA TOWN - 571 440. …RESPONDENTS (BY SRI. K. NAGARAJAIAH, ADV. FOR R2, V/O DATED: 19/4/23, NOTICE TO R1 D/W.) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.05.2022 PASSED IN MVC NO. 354/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AND ADDITIONAL MACT, KOLLEGALA, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.354/2018 dated 23.05.2022 by the Court of Senior Civil Judge and Addl. MACT., Kollegal (for short ‘Tribunal’), whereby the Tribunal had granted the compensation of Rs.3,06,620/-, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 27.04.2018 at about 12.30 p.m., when the claimant-appellant was going by riding his TVS moped bearing registration No.KA-09-U-4517 from Chilakavadi Bettadamaramma temple towards his village on Kollegala-Mysuru main road near Kunthuru village Kattanavadi cross, at that time, the rider of Honda CB Shine Motorcycle bearing registration No.KA-10-V-244 came from - 3 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 with high speed dashed against the TVS moped from backside and caused the accident. Due to the said accident, the petitioner fell down along with motorcycle and sustained grievous injuries. Immediately he was taken to Kollegal Government Hospital and given first aid treatment, then he was shifted to KR Hospital, Mysuyru and admitted as inpatient. As a result of the accident, he had suffered permanent physical disability and not in a position to do any work. Hence, he has filed the claim petition seeking compensation. 3. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Towards pain and sufferings : Rs. 20,000/- 2. Towards Medical expenses : Rs. Nil 3. Towards diet, food, nourishment, attendant, conveyance charges and other expenses : Rs. 10,000/- 4. Towards loss of future earning capacity on account of permanent physical disability : Rs. 2,35,620/- 5. Loss of amenities of life and discomfort : Rs. 15,000/- 6. Loss of income during the laid up period : Rs. 21,000/- 7. Future Medical expenses : Rs. 5,000/- Total 3,06,620/- - 4 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 4. Learned counsel appearing for the claimant submits that the claimant is 50 years old, he is an agriculturist, milk vendor and rearing silk worm and used to earn an amount of Rs.15,000/- p.m. The accident had taken place in the year 2018, the Tribunal had taken monthly income of Rs.10,500/-, but ought to have taken at Rs.12,500/-. It is submitted that under the head of pain and suffering and loss of amenities, the amount granted by the Tribunal is on the lower side and that needs to be enhanced. 5. Learned counsel appearing for the respondent- insurance company submits that the Tribunal had granted just and reasonable compensation and there are no grounds to interfere with the order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. 7. The claimant had sustained two fracture injuries. Hence, under the head of pain & suffering, this Court is granting an amount of Rs.50,000/-. Then coming to the diet, food, nourishment and conveyance charges are concerned, he was in hospital for 24 days, the Tribunal had granted only an - 5 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 amount of Rs.10,000/-, this Court is granting an amount of Rs.24,000/- under the said head. Then coming to the loss of future earning, as the accident was of the year 2018, this Court is taking the income as per table (Rs.12,500/- x 12 x 11 x 17/100) and granting an amount of Rs.2,80,500/- under the head of loss of future income. Coming to the loss of amenities, considering the disability of 17%, this Court is granting Rs.25,000/-. Then coming to the loss of income during laid up period, he was in hospital for 25 days. Hence, for four months, this Court is granting Rs.50,000/- (Rs.12,500/- x 4). 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 to the compensation under the following heads: 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards pain and sufferings : Rs. 20,000/- 50,000/- 2. Towards Medical expenses : Rs. nil 00 3. Towards diet, food, nourishment, attendant, conveyance charges and other expenses : Rs. 10,000/- 24,000/- 4. Towards loss of future earning capacity on account of permanent physical disability : Rs. 2,35,620/- 2,80,500/- 5. Loss of amenities of life and discomfort : Rs. 15,000/- 25,000/- 6. Loss of income during the laid up period : Rs. 21,000/- 50,000/- 7. Future Medical expenses : Rs. 5,000/- 00 8. Legal expenses : Rs. 00 10,000/- Total : 3,06,620/- 4,39,500/- Enhancement 1,32,880/- 10. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation amount from Rs.3,06,620/- to Rs.4,39,500/- and the Insurance company is liable to pay the compensation. - 7 - HC-KAR NC: 2025:KHC:36715 MFA No. 7950 of 2022 i) The enhanced amount shall carry interest at 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BS List No.: 1 Sl No.: 5