- 1 - HC-KAR NC: 2025:KHC:45106 MFA No. 5876 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5876 OF 2024 (MV-I) BETWEEN: SRI.RAMANNA S/O KARIGOUDA, AGED ABOUT 60 YEARS OCC: MILK BUSINESS AND COOLIE WORK, R/O BASAVANAGOUNDA EXTENSION, DAVANGERE- 577 003 …APPELLANT (BY SRI. G.J.SUNKAPUR, ADVOCATE) AND: 1. SRI MANJUNATHA SWAMY S/O HALESHAPPA, AGED ABOUT 35 YEARS R/O MAYAKONDA VILLAGE, DAVANGERE TALUK – 577 534 2. SRI.SARAVANA S/O SUBRAMANYA AGED ABOUT 53 YEARS R/O MAYAKONDA VILLAGE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45106 MFA No. 5876 of 2024 DAVANAGERE TALUK - 577 534 3. THE MANAGER NATIONAL INSURANCE CO. LTD., MELAGERE PLAZA M.C.C. B BLOCK NEAR DENTAL COLLEGE ROAD, DAVANGERE – 577 004 …RESPONDENTS (BY SRI.H.C.BETSUR, ADVOCATE FOR R3 V/O/D 08/09/2025- NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 30.11.2022 PASSED IN MVC NO.721/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANGERE, 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:45106 MFA No. 5876 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.721/2019 dated 30.11.2022 by the II Addl. Senior Civil Judge & JMFC at Davanagere, the claimant is before this court seeking enhancement of the compensation. 2. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of Future earning capacity : Rs. 1,54,440/- 2. Pain and suffering : Rs. 50,000/- 3. Loss of amenities : Rs. 10,000/- 4. Nourishment and conveyance charges : Rs. 10,000/- 5. Medical Expenses : Rs. 2,80,000/- TOTAL : Rs. 5,04,440/- 3. Learned counsel appearing for the claimant submits that when the claimant had sustained grievous injuries, under the head of pain and suffering, loss of amenities, the Tribunal has not granted a reasonable amount. It is submitted that the claimant was in hospital for 40 days, the Tribunal has granted only an amount of Rs.10,000/- under the head of incidental - 4 - HC-KAR NC: 2025:KHC:45106 MFA No. 5876 of 2024 expenses. Further, no amount is granted under the head of loss of income during the laid up period. It is submitted that when it comes to the Loss of future income, the doctor has deposed that the claimant had sustained 30% disability to the hip and 30% disability to the right knee, the Tribunal had taken disability at 13%. It is submitted that on all other counts also the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent/ insurance company submits that in the evidence of the doctor, he has categorically stated that the disability to the limb and to the hip is 30% and the Tribunal had rightly taken 13% as disability and there are no grounds to interfere with the same and even under the other heads also the amount of compensation that is awarded by the Tribunal is just and reasonable. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievous injuries that are sustained by the claimant, this Court is granting an amount of Rs.60,000/- under the head of pain and suffering. Towards medical expenses the Tribunal has - 5 - HC-KAR NC: 2025:KHC:45106 MFA No. 5876 of 2024 granted a reasonable compensation and no interference is called for. Considering that the claimant was in hospital for 40 days, this Court is inclined to grant an amount of Rs.40,000/- towards incidental expenses. Coming to the loss of income during the laid up period, as per the chart prepared by the Karnataka State Legal Service Authority, as this accident had occurred in the year 2019 taking income at Rs.14,000/- for four months this court is granting an amount of Rs.56,000/-. As rightly argued by the learned counsel appearing for the insurance company, the doctor had deposed that to the hip and the limb, to the knee disability is 30%, 1/3rd of it is 10% disaiblity, (14,000x12x11x10/100= Rs.1,84,800/-) Under the head of loss of future income this court is granting an amount of Rs.1,84,800/-. 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. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45106 MFA No. 5876 of 2024 7. The claimant is therefore, entitled for compensation for an amount of Rs.6,60,800/- under the following heads: Sl. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of Future earning capacity Rs. 1,54,440/- 1,84,800/- 2. Pain and suffering Rs. 50,000/- 60,000/- 3. Loss of amenities Rs. 10,000/- 30,000/- 4. Nourishment and conveyance charges Rs. 10,000/- 40,000/- 5. Medical Expenses Rs. 2,80,000/- 2,80,000/- 6. Loss of Income during the laid up period Rs. 00/- 56,000/- 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 5,04,440/- 6,60,800/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,04,440 /- to Rs.6,60,800/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The respondent - Insurance Company shall deposit the amount within a period of eight weeks from the - 7 - HC-KAR NC: 2025:KHC:45106 MFA No. 5876 of 2024 date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the amount as per the award. iv. The delay of 537 days is condoned by order dated 08.09.2025, hence, the claimant is not entitled for the interest for the delay period. 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 44