- 1 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7 OF 2024 (MV-I) BETWEEN: NAVEENDRANATH H K S/O KEMPEGOWDA, AGED ABOUT 45 YEARS, R/AT NO.1460,. IST CROSS, JAINS COLONY, ASHOK NAGAR, MANDYA-571401 …APPELLANT (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. LAVA KUMAR D M S/O D A MANDANNA, R/AT HOSABANE ESTATE, BILIGERE VILLAGE, HARATHUR POST, VIA MURNAD, MADIKERI-571201 2. THE MANAGER BHARATI AXA GENERAL INSURANCE COMPANY LTD 2951/A, D 29/1, FIRST FLOOR, TEMPLE ROAD, KALIDASA CIRCLE, C AND D BLOCK, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 PANCHAMANTRA ROAD, V.V.MOHALLA, MYSORE NOW MERGED WITH ICICI LOMBARD GENERAL INSURANCE COMPANY, REP BY MANAGER, 9TH FLOOR, THE ESTATE, 121, DICKENSON ROAD, M G ROAD, BANGALORE-560042 …RESPONDENTS (BY SRI.B.C SHIVANNEGOWDA., ADVOCATE FOR R2) MISCELLANEOUS FIRST APPEAL FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2023 PASSED IN MVC NO. 1588/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 M.V.C.No.1588/2019 dated 29.04.2023 passed by the II Additional Senior Civil Judge - 3 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 and Motor Accident Claims Tribunal, Mandya, the claimant is before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 21.10.2018 he was traveling in car bearing Registration No.KA-05-ME-3416 along with others from Madikeri to Mysore, on the left side of the Madikeri-Mysore road. At about 2.30 p.m., while the car was passing near Hosa Kamana Koppalu village, RMP road, one car bearing Registration No.KA-12-N-2753 driven by its driver came in a rash and negligent manner at high speed endangering human life and dashed against the petitioner's car causing the accident. As a result of the accident the petitioner sustained grievous injuries. The petitioner was shifted to BGS Appollo Hospital, Mysore where he underwent surgery. 3. The claimant is diagnosed with traumatic quadriplegia and PIVD C5-C6, C6-C7 with cord compression. The petitioner underwent C5-C6 and C6-C7 discectomy + fusion using iliac bone graft C5-C7 stabilization using titanium anterior cervial plate and screws on 22.10.2018 and discharged on 29.10.2018. During the course of examination, the doctor had deposed that claimant was found to have quadra paresis, bilateral hand grip - 4 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 weakness and he required assistance for his daily activities of living. According to the doctor, he had sustained 75% permanent disability to the whole body. 4. The Trial Court had granted compensation as per the following table: Sl.No. Heads Amount 1. Medical Expenses Rs.4,83,100/- 2. Loss of Aminities and Expectation of Life Rs.30,000/- 3. Pain and Suffering Rs.1,00,000/- 4. Nourishment Rs.25,000/- 5. Attendant charges Rs.50,000/- 6. Future Medical expenses Rs.1,00,000/- 7. Loss of Future earnings Rs.21,00,000/- TOTAL Rs.28,88,100/- 5. Learned counsel appearing for the claimant submits that the Tribunal had taken disability at 100% but income was taken at Rs.12,500/- and future prospects were not considered and the age of the claimant was 41 years. It is submitted that considering the disability that he has sustained, under the head of loss of amenities, pain and sufferings, attendant charges and - 5 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 future medical expenses the amounts that were granted by the Tribunal were not just and reasonable. 6. Learned counsel appearing for the respondent No.2/Insurance Company submits that the Court has granted just and reasonable compensation and no enhancement is required. 7. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained 100% disability and his age is 41 years. The Court ought to have granted 25% future prospects. The salary is taken at Rs.12,500/- and 25% future prospects would come to an amount of Rs.3,125/- and the income is an amount of Rs.15,625/- (12,500+3,125). Loss of future earning comes to an amount of Rs.26,25,000/- (Rs.15,625/- x 12 x 14). Coming to the medical expenses basing on the evidence the Court had granted the amount and this Court finds no reasons to interfere. Considering the disability that he had sustained under the head of loss of amenities, this Court is granting an amount of Rs.1,20,000/-. Towards pain and sufferings considering the injury this Court is granting an - 6 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 amount of Rs.2,00,000/-. Coming to nourishment for the surgeries he has underwent and hospitalization, this Court is granting an amount of Rs.50,000/- and towards the attendant charges also another amount of Rs.50,000/. Considering the disability, the future medical requirement, towards future medical expenses this Court is granting an amount of Rs.2,00,000/-. 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Medical Expenses : Rs. 4,83,100/- 4,83,100/- 2. Loss of amenities : Rs. 30,000/- 1,20,000/- 3. Pain and Sufferings : Rs. 1,00,000/- 2,00,000/- 4. Nourishment : Rs. 25,000/- 50,000/- 5. Attendant Charges : Rs. 50,000/- 50,000/- 6. Future medical expenses : Rs. 1,00,000/- 2,00,000/- 7. Loss of Future Earning : Rs. 21,00,000/- 26,25,000/- TOTAL : Rs. 28,88,100/- 37,28,100/- Enhancement : Rs. 8,40,000/- - 7 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 9. Altogether, the claimant is entitled for an amount of Rs.37,28,100/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing compensation from Rs.28,88,100/- to Rs.37,28,100/-. 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 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. The apportionment of the amount shall be as per the order passed by the Tribunal 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. - 8 - HC-KAR NC: 2025:KHC:25170 MFA No. 7 of 2024 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 4 Sl No.: 28