- 1 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 648 OF 2021 (MV-I) BETWEEN: T. JITENDRA, S/O. P. N. THAMMAIAH, NOW AGED ABOUT 37 YEARS, R/AT NO. 103, SULIBELE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT AND ALSO R/AT NO.555, PAILON DODDAJUNJAPPA LAYOUT, VIVEKANAGAR, 1ST MAIN, NEAR SULIBELE ROAD, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, NOW R/AT DIBBUR, TUMAKURU. …APPELLANT (BY SRI. RAGHU R.,ADVOCATE) AND: 1. VINAYPRASAD. C. R. S/O. RAJANNA, NOW AGED ABOUT 50 YEARS, R/AT NO. 251/3, ADURU MUNIRAJU BUILDING, AVALAHALLY VILLAGE, VIRGONAGAR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 BENGALURU-560 049. 2. THE MANAGER, ICICI LOMBARD GEN INSURANCE CO. LTD., ICICI LOMBARD HOUSE, VEER SAVARKAR MARG, NEAR SIDDHIVINAYAKA TEMPLE, PRABHADEVI, MUMBAI, BRANCH OFFICE: THE MANAGER, ICICI LOMBARD GEN. INSURANCE CO. LTD., NO.121, EAST BUILDING, 9TH FLOOR, DICKENSON ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/O DATED 18.09.2025 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.03.2020 PASSED IN MVC NO.318/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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 - 3 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.318/2017 dated 06.03.2020 by the VI Addl. District and Sessions Judge, Tumakuru, whereby the Trial Court had awarded the compensation of an amount of Rs.7,06,000/-, the claimant is before this Court seeking enhancement of compensation. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 01.02.2017 at about 7.30 pm., the claimant and his friend were proceeding from Kadugodi side to go to Hosakote in their two wheeler Honda Shine near 10 dowing apartment gate No.2, the driver of Toyota Etios car, drove the same in a rash and negligent manner with high speed and dashed against the claimant’s two wheeler and caused accident. As a result of which both pillion rider and the claimant fell down and sustained severe injuries. Immediately, the claimant was shifted to MVJ Hospital, Hosakote. After first aid treatment the claimant was shifted to Axon Specialty Hospital, Indiranagar, Bengaluru, wherein he - 4 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 has obtained treatment as in-patient from 02.02.2017 to 21.02.2017. Basing on the evidence, the Trial Court had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount awarded 1. Pain and suffering Rs. 30,000/- 2. Attendant charges, food and nourishment and conveyance etc. Rs. 25,000/- 3. Loss of future amenities and discomfort Rs. 50,000/- 4. Medical expenses Rs. 4,48,947/- 5. Loss of earnings during laid up period Rs. 1,02,909/- 6. Future medical expenses Rs. 50,000/- Total Rs. 7,06,856 Rounded up to Rs.7,06,000/- 3. Learned counsel appearing for the claimant submits that the claimant had sustained four fractures, but under the head of pain and suffering the Trial Court had not granted a reasonable amount. It is submitted that the claimant had sustained disability at 39% to the limb, but the Trial Court had not granted any amount under the head of loss of future earnings. It is further submitted that under the head of future medical expenses and loss of amenities, the amount awarded by the Trial Court is not just and reasonable. - 5 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the claimant had continued with his work and also got the medical reimbursement facility. It is submitted that the Trial Court under all the heads had granted a reasonable amount and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the material on record. Considering the four injuries that were sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.1,00,000/-. The Trial Court had rightly granted an amount of Rs.25,000/- towards attendant, nourishment and conveyance charges and no interference is called for. Considering the fact that there is a disability, as he is continuing with the service, the Trial Court has not granted any amount towards future loss of income. However, under the head of loss of amenities, this Court is granting an amount of Rs.1,00,000/-. The Trial Court had rightly considered and rightly granted the amount towards medical expenses and towards loss of earnings during the laid up period. Hence, this Court is not interfering with the same. Under the head of - 6 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 future medical expenses, this Court is granting an amount of Rs.70,000/-. 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 of Compensation Compensation Awarded by Trial Court Compensat ion Awarded by this Court 1. Pain and suffering : Rs. 30,000/- 1,00,000/- 2. Attendant charges, food and nourishment and conveyance etc. : Rs. 25,000/- 25,000/- 3. Loss of future amenities and discomfort : Rs. 50,000/- 1,00,000/- 4. Medical expenses : Rs. 4,48,947/- 4,48,947/- 5. Loss of earnings during laid up period : Rs. 1,02,909/- 1,02,909/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 6. Future medical expenses : Rs. 50,000/- 70,000/- 7. Legal expense : Rs. 00/- 10,000/- Total : Rs. 7,06,856 Rounded up to Rs.7,06,000/- 8,56,856/- Enhanced amount : Rs. 1,50,856/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.8,56,856/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,06,000/- to Rs.8,56,856/- and the Insurance Company shall pay the compensation. 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 Trial Court. iii) 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. - 8 - HC-KAR NC: 2025:KHC:37848 MFA No. 648 of 2021 iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 3