- 1 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 369 OF 2023 (MV-I) BETWEEN: SRI. THIPPANNA @ THIPPANNA. L @ THIPPESHAPPA @ THIPPESWAMY, S/O. LATE LANKEYAPPA @ LANKAPPA @ LAKKEPPA, AGED ABOUT 52 YEARS, R/AT NO. 30, 10TH CROSS, SONDEKOPPA ROAD, AT NEAR HASSAN BAKERY, BEHIND NTTF ROAD, PEENYA SMALL INDUSTRIES POST, SHIVAPURA AT BENGALURU - 560 073. PERMANENT ADDRESS: KYADIGERE KAVAIL AT MARDGONANDADIBBA POST, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 523. …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. M/S. UNITED INDIA INS. CO. LTD., REGIONAL OFFICE (TP HUB), NO. 18, KRUSHI BHAVAN BUILDING, 6TH FLOOR, HUDSON CIRCLE, BENGALURU - 560 001, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 POLICY ISSUING OFFICE, B.M. ROAD, NEAR SATHYAGRAHA SOUDHA, SHIVAPURA, MANDYA - 571 428, BY ITS MANAGER. 2. SRI. SURESH. R S/O. RAMAIAH, MAJOR, R/AT NO. 16, 1ST CROSS, JAIMARUTHINAGAR, NANDINI LAYOUT, BENGALURU - 560 096. …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R1; VIDE ORDER DATED 18.01.23, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.04.2019 PASSED IN MVC NO.3630/2017 ON THE FILE OF THE XIX ADDITIONAL SCJ, MACT, XLI ACMM, BENGALURU SCCH-17 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 MVC.No.3630/2017 dated 02.04.2019, whereby the Tribunal had granted compensation of an amount of - 3 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 Rs.5,75,418/-, the claimant is before this Court seeking enhancement. 2. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the accident. On 07.02.2017, at about half past ten in the night time the claimant along with his pillion rider was travelling in a motor cycle bearing No.KA- 0/JC-7182 on the left side of Srirampura-Hosadurga road, near S.Neralekere, at that time a Tata Indica car bearing No.KA-02/AC-5740 came from the opposite direction being driven by its driven in high speed, rash and negligent manner and caused accident, due to the accident the claimant sustained injuries. He was shifted to Government Hospital and then to City Centre Hospital, Davanagere. Thereafter, he was shifted to Government Hospital, Hosadurga. Due to accidental injuries, he became disabled. Basing on the evidence, the court below has granted the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 Heads Compensation Awarded 1. Pain and Sufferings : Rs. 50,000/- 2. Attendant charges, extra food and conveyance expenses : Rs. 50,000/- 3. Medical expenses : Rs. 1,54,778/- 4. Loss of income during laid up period : Rs. 36,000/- 5. Loss of income due to permanent disability : Rs. 2,24,640/- 6. Loss of future amenities and happiness Rs. 30,000/- 7. Future medical expenses Rs. 30,000/- TOTAL : Rs. 5,75,418/- 3. Learned counsel for the claimant submits that the claimant had sustained fracture of distal end of right tibia, post traumatic raw area right leg with exposed tendon. He also underwent supracondylar nailing with external fixation right leg on 09.02.2017, skin grafting with flag cover post traumatic raw area right leg and he was in hospital for 51 days but the Court has granted an amount of Rs.50,000/- towards pain and suffering. When it comes to loss of - 5 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 earning during laid up period, when the employer has stated that the income is Rs.12,783/-, the Court has taken income as Rs.12,000/-. It is submitted that when the doctor has given evidence for the future operation, it will cost Rs.60,000/-. The Court has granted only Rs.30,000/-. It is submitted that considering the kind of injury, and the fracture is not united. The Court has granted amenities only an amount of Rs.30,000/-, which is on the lower side. It is submitted that as per the evidence of the Doctor, the disability to the limb is 63% and 1/3rd of it, the whole body disability is 21%, but the Court has taken 15%, which is on the lower side. It is submitted that the courts below has failed to consider the evidence in its proper perspective and also failed to grant a just and reasonable compensation. 4. Learned counsel appearing for the Insurance Company submits that the Court has considered all the aspects and basing on the evidence, has rightly granted the compensation and there are no grounds to interfere. - 6 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 5. Having heard the learned counsels on either side, perused the entire material on record. 6. The claimant had suffered one fracture, which is a compound fracture of distal end of right tibia. The Court has granted Rs.50,000/- towards pain and sufferings and this Court finds no reason to interfere. Coming to the medical expenses, basing on evidence, the Court has granted Rs.1,54,778/- and no interfere is called for. Then the attendant, food and conveyance charges for 51 days of hospitalization, this Court is granting an amount of Rs.51,000/-. Under the head loss of earning during laid up period, the Court had taken the income of Rs.12,000/- according to Ex.P17. The income is Rs.12,783/- but the Court had taken Rs.12,800/- rounding it to Rs.12,800/-. This Court is taking the income at Rs.12,800/-. When the limb disability is 63%, the whole body disability should be 1/3rd of it. Then it comes to 21%. Hence, the claimant is entitled for an amount of Rs.4,19,328/-(12,800 X 12 X - 7 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 13 X 21/100) towards loss of income due to permanent disability. Under the head of the loss of amenities, considering the evidence of the Doctor, the injuries, fracture, as it is mal-united, this Court is granting an amount of Rs.60,000/-. Under the head loss of income during laid up period, this Court is granting an amount of Rs.64,000/-. The doctor has opined that the claimant has undergone two operations. For one operation, generally Court is granting Rs.30,000/- for two operations, this Court is granting Rs.60,000/-. 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 ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. Altogether, the claimant is entitled for an amount of Rs.8,69,106/-. 8. The claimant is therefore, entitled to the compensation under the following heads: - 8 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 50,000/- 50,000/- 2. Attendant charges, extra food and conveyance expenses : Rs. 50,000/- 51,000/- 3. Medical expenses : Rs. 1,54,778/- 1,54,778/- 4. Loss of income during laid up period : Rs. 36,000/- 64,000/- 5. Loss of income due to permanent disability : Rs. 2,24,640/- 4,19,328/- 6. Loss of future amenities and happiness : Rs. 30,000/- 60,000/- 7. Future medical expenses : Rs. 30,000/- 60,000/- 8. Legal expenses : Rs. 00/- 10,000/- Total : Rs. 5,75,418/- 8,69,106/- 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,75,418/- to Rs.8,69,106/-. The Insurance Company is liable to pay the compensation. - 9 - HC-KAR NC: 2025:KHC:29642 MFA No. 369 of 2023 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. 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. 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. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB CT: BHK