- 1 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 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. 2482 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 8690 OF 2023 (MV-I) IN MFA No. 2482/2023 BETWEEN: LEGAL MANAGER FUTURE GENERAL INSURANCE CO. LTD., OFFICE NO.18, 2ND FLOOR, 17TH CROSS, MC LAYOUT, NEAR MARUTHI MANDIR, VIJAYANAGAR, BANGALORE - 560040 NOW REP. BY ITS FUTURE GENERAL INDIA INSURANCE CO. LTD., 3RD AND 4TH FLOOR, SHRAVANEE KRISHNA MANSION, 100 FEET ROAD, 2ND BLOCK, JAYANAGARA, BANGALORE 560011. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. THOPPAIAH M. AGED ABOUT 44 YEARS S/O LATE MUNIRAJU R/O ODEYARAHALLI GRAMA, DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 2. RENUKAARADHYA H., MAJOR, S/O BASAVARAJU R/O NO 181, SHANTHINAGARA, DODDABALLAPURA CITY. …RESPONDENTS (BY SRI. VIJAY KUMAR T., ADV. FOR R1, V/O DATED: 12.09.2025, NOTICE TO R2 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2023 PASSED IN MVC NO. 88/2019 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, BENGALURU RURAL DISTRICT, AWARDING COMPENSATION OF RS. 5,41,714/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 8690/2023 BETWEEN: SRI. THOPAIAH M S/O LATE MUNIRAJU, AGED ABOUT 44 YEARS, R/O ODEYARAHALLI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGLAURU RURAL DISTRICT-561203 ...APPELLANT (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. FUTURE GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, OFFICE NO.18, 2ND FLOOR, 17TH CROSS, M. C LAYOUT, MARUTHI MANDIRA ROAD, VIJAYANAGARA, BENGALURU-560040. - 3 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 2. SRI RENUKARADYA H S/O BASAVARAJU, AGED MAJOR, R/AT NO.181, SHANTHINAGAR, DODDABALLAPURA NAGARA, 561203. ...RESPONDENTS (BY SRI. PRADEEP B., ADV. FOR R1, V/O DTD: 22/2/2024, NOTICE TO R2 D/W.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2023 PASSED IN MVC NO. 88/2019 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, BENGALURU RURAL DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL COMMON JUDGMENT Aggrieved by the award passed in M.V.C.No.88/2019 dated 17.02.2023 on the file of IV Addl. District and Sessions Judge, Doddaballapura, Bengaluru Rural District (for short 'Tribunal') whereby, the Tribunal had granted the compensation of an amount of Rs.5,41,714/-. Both the claimant as well as the insurance company are before this Court questioning the quantum of compensation awarded by the Tribunal. - 4 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 2. The brief facts of the case are that on 17.03.2019 at about 10.30 a.m., when the claimant-appellant parking his Hero Honda Splendor Motorcycle bearing registration No.KA- 03-HM-4341 near Priyanka Hotel, D-Cross Road, Doddaballapura, at that time, the driver of Piaggio Ape Xtra Dix Passenger Auto No.KA-43-9621 came from Nandi More Cross to D-Cross side in a rash and negligent manner and dashed against the appellant and caused the accident. As a result of which, after the accident he was shifted to Nandi Speciality Hospital, Doddaballapura wherein he was admitted as an inpatient and spent huge amount for treatment. Due to the accident, he became permanently disabled and lost future earning capacity. He filed claim petition seeking compensation. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of present and future income : Rs. 4,28,400/- 2. Medical expenses : Rs. 83,314/- 3. Pain and suffering : Rs. 10,000/- 4. Loss of amenities : Rs. 10,000/- 5. Transportation charges : Rs. 5,000/- - 5 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 6. Expenses for Diet and Nourishment : Rs. 5,000/- Total Rs. 5,41,714/- 3. Learned counsel appearing for the insurance company submits that the Tribunal had granted an amount of Rs.4,28,400/- under the head of loss of present and future income. It is submitted that there is no loss of future income to the claimant. He has placed the Income Tax Returns before this Court for the financial year 2018-19 is Rs.1,40,355/- and the financial year 2019-2020 his income was Rs.4,06,000/-. It is submitted that there is considerable increase in the income of the claimant. Hence, he is not entitled for compensation under the head of loss of future income. He further submits that the claimant has underwent conservative treatment and no surgery is conducted and in those circumstances, the amount awarded by the Tribunal is on the higher side and no interference is called for. 4. Learned counsel appearing for the claimant submits that under the head of future loss of income, the Tribunal had rightly granted the compensation. It is submitted that under the head of pain and suffering, loss of amenities, the amount - 6 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 that is granted by the Tribunal is not a reasonable compensation and they need to be enhanced. 5. Having heard the learned counsels on either side, perused the entire material on record. First coming to the submission of learned counsel appearing for the insurance company with regard to the loss of future income as rightly submitted by the learned counsel that for the financial years 2018-2019 and 2019-2020, there is a considerable increase in the income of the claimant which clearly shows that there is no future loss of income because of the injuries sustained by the claimant in the accident. Hence, the claimant is not entitled for any amount under the head of loss of future income. Then coming to the medical expenses, basing on evidence, the Tribunal has rightly granted an amount of Rs.83,314/- and no interference is called for. 6. Considering the grievous injuries sustained by the claimant, under the head of pain and suffering this Court is granting an amount of Rs.50,000/-. Coming to the transportation, diet and nourishment, the Tribunal had rightly granted the compensation and no interference is called for. - 7 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 Coming to the loss of amenities, this Court is granting an amount of Rs.75,000/-. 7. 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. 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. Loss of present and future income : Rs. 4,28,400/- 00 2. Medical expenses : Rs. 83,314/- 83,314/- 3. Pain and suffering : Rs. 10,000/- 50,000/- 4. Loss of amenities : Rs. 10,000/- 75,000/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 5. Transportation charges : Rs. 5,000/- 5,000/- 6. Expenses for Diet and Nourishment : Rs. 5,000/- 5,000/- 7 Legal expenses : Rs. 00 10,000/- Total Rs. 5,41,714/- 2,28,314/- Reduction 3,13,400/- 9. Altogether, the claimant is entitled for an amount of Rs.3,13,400/-. 10. The appeal filed by the insurance company in MFA No.2482/2023 is partly allowed by reducing the compensation from an amount of Rs.5,41,714/- to Rs.2,28,314/- 11. The appeal filed by the claimant in MFA No.8690/2023 is dismissed. i) Amount in deposit, shall be forthwith transferred to the Tribunal. On such deposit, the claimant is at liberty to withdraw the money. If any excess amount is deposited, insurance company is at liberty to withdraw. - 9 - HC-KAR NC: 2025:KHC:36717 MFA No. 2482 of 2023 C/W MFA No. 8690 of 2023 ii) The amount shall carry interest at 6% per annum from the date of petition till the date of realization. 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 BS List No.: 1 Sl No.: 13