- 1 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.5944 OF 2024(MV-I) BETWEEN: NARASIMHAMURTHY S., S/O SHEKARAPPA AGED ABOUT 26 YEARS, OCC: AGRICULTURIST AND MANSION WORK R/AT KADLEGUDDU CHITRADURGA TALUK AND DISTRICT-577 501 …APPELLANT (BY SRI. KANTHARAJAPPA M.G., ADVOCATE) AND: 1. RUDRESH E S/O ERAPPA AGED ABOUT 42 YEARS OWNER OF AUTO RIIKSHAW BEARING REG NO.KA-16/AA-0449 R/AT KAVADIGARAHATTI CHITRADURGA TALUK AND DISTRICT-577 501. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 2. THE BRANCH MANAGER IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE AT THIPPESWAMY ARCADE, 1ST FLOOR, ABOVE BANK OF INDIA, CHITRADRUGA, CHITRADURGA TOWN-577501. …RESPONDENTS (BY SRI.P.S.JAGADISH, ADVOCATE FOR R2 R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC NO.152/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III CHITRADURGA, 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:42564 MFA No. 5944 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.152/2022 dated 30.03.2024 by the Principal Senior Civil Judge and Addl. MACT-III, Chitradurga, whereby the Tribunal had granted compensation of an amount of Rs.3,80,120/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant. It is the case of the claimant that on 13.12.2021 at about 2.30 pm., while he was proceeding on motorcycle by riding it, in between Murugamutt and SJM School, on NH-13 road, Chitradurga, the driver of autorikshaw drove the said autorickshaw in a rash and negligent manner with high speed and dashed against the claimant’s motorcycle and caused the accident. Due to this impact, the claimant sustained injuries i.e., fracture of left side patella, fracture of 5th metacarpal bone of left foot and other bleeding injuries all over his body. Immediately, the claimant was admitted to Government Hospital, Chitradurga where he took treatment as inpatient for a period of 15 days and underwent surgery and rod, screw, plates were inserted and took further follow up treatment as - 4 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 outpatient at different hospitals. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Towards loss of future income Rs. 2,85,120/- 2. Towards loss of pain and suffering Rs. 30,000/- 3. Towards loss of income during laid up period Rs. 20,000/- 4. Towards loss of amenities and future unhappiness Rs. 20,000/- 5. Towards diet and other charges Rs. 10,000/- 6. Towards conveyance charges Rs. 15,000/- Total Rs. 3,80,120/- 3. Learned counsel appearing for the appellant/ claimant submits that the accident had taken place in the year 2021 and as per the chart the Tribunal ought to have taken the income at Rs.15,000/- per month, but the Tribunal had taken the income at Rs.12,000/- per month. It is submitted that under the heads of pain and suffering and loss of income during the laid up period, the compensation that are awarded by the Tribunal is not just and reasonable. - 5 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. The claimant had sustained one fracture injury and two simple injuries. Hence, under the head of pain and suffering this Court is granting an amount of Rs.50,000/-. As this accident had taken place in the year 2021 and considering the hospitalization of 15 days and the injuries that are sustained by the claimant, this Court is considering it for 3 months and granting an amount of(15000X3)= Rs.45,000/- towards loss of income during the laid up period. Towards incidental expenses, the Tribunal had already granted an amount of Rs.25,000/- and this Court is not interfering with the same. Coming to the loss of future income, as there is no material on record, as per the chart, for the year 2021 the income is taken at Rs.15,000/- per month. Hence, this Court is granting an amount of (15000X12X18X11/100)= Rs.3,56,400/- towards loss of - 6 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 future income. Towards loss of amenities, 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 to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensatio n amount awarded by this Court 1. Towards loss of future income Rs. 2,85,120/- 3,56,400/- 2. Towards loss of pain and suffering Rs. 30,000/- 50,000/- 3. Towards loss of income during laid up period Rs. 20,000/- 45,000/- 4. Towards loss of amenities and future unhappiness Rs. 20,000/- 30,000/- 5. Towards diet and other charges Rs. 10,000/- 10,000/- 6. Towards conveyance charges Rs. 15,000/- 15,000/- 7. Legal expenses Rs. 00/- 10,000/- Total Rs. 3,80,120/- 5,16,400/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 Enhanced amount Rs. 1,36,280/- 8. Altogether, the claimant is entitled for the compensation of an amount of Rs.5,16,400/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,80,120/- to Rs.5,16,400/-. 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.2/Insurance Company shall pay the compensation. iv) Respondent No.2/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. v) 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. - 8 - HC-KAR NC: 2025:KHC:42564 MFA No. 5944 of 2024 vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 63