- 1 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5340 OF 2025 (MV-I) BETWEEN: SRI.SEEBA NAIK S/O LATE BORAIAH, AGED ABOUT 70 YEARS, RESIDENT OF SAGANIPURA VILLAGE, KURUVANGI POST, CHIKKAMAGALURU-577 101 …APPELLANT (BY SRI. VENKATE GOWDA K., ADVOCATE) AND: 1. SRI KUMARASWAMY S/O SRI MUDDAPPA, AGED ABOUT 48 YEARS, RESIDENT OF KURUVANGI VILLAGE, CHIKKAMAGALURU TALUK AND DIST. PIN CODE-577 101 2. THE MANAGER M/S UNITED INDIA INSURANCE COMPANY CO. LTD., CRESCENT COURT THOGARIHANKAL CIRCLE, CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R2 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 V/O/D: 21/07/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 22.11.2024 PASSED IN MVC NO. 320/2021 ON THE FILE OF THE I ADDITIONAL SENIOR JUDGE AND JMFC, MACT, CHIKKAMAGALURU, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.320/2021 dated 22.11.2024 by the I Addl. Senior Judge and JMFC, Chikkamangaluru, the claimant is before this Court seeking enhancement of the compensation. 2. Tribunal has granted compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Pain and suffering Rs. 40,000 /- 2. Towards medical bill Rs. 46,544 /- - 3 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 3. loss of future earning capacity Rs. 86,400 /- 4. future medical expenses Rs. 10,000/- 5. Conveyance allowance Rs. 10,000/- 6. loss of amenities of life Rs. 10,000/- Total Rs. 2,02,944/- 3. Learned counsel appearing for the appellant/claimant submits that when the claimant had sustained grievous injuries, under the head of pain and suffering only an amount of Rs.40,000/- is awarded by the Tribunal. Further towards the future medical expenses, the tribunal has awarded an amount of Rs.10,000/-. The claimant was in hospital for 18 days, but only an amount of Rs.10,000/- is awarded by the Tribunal. According to the doctor, the disability is 26% to the whole body but that Tribunal had taken 12% disability without any basis and under the head of loss of amenities also only an amount of Rs.10,000/-is awarded by the Tribunal. It is submitted that on all the counts the compensation that is awarded by the Tribunal needs to be enhanced. 4. Learned counsel appearing for the respondent/ insurance company submits that on all counts the - 4 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the claimant had sustained grievous injuries under the head of pain and suffering, this Court is granting an amount of Rs.50,000/-. Towards medical expenses the Tribunal has rightly granted an amount of Rs.46,544/- and no interference is called for. Towards the future medical expenses, this Court is granting an amount of Rs.30,000/-. Towards incidental expenses as the claimant was in hospital for 18 days, this Court is granting an amount of Rs.18,000/-. Coming to the loss of income during the laid up period (Rs.14,000x4) this court is granting an amount of Rs.56,000/- . The doctor without assessing the limb disability has stated that the whole body disability is 26%. The tribunal has taken 12% and this Court is inclined to take 14% as disability. Considering the evidence on record, towards loss of future earning this court is granting an amount of Rs.1,17,600/- (Rs.14,000×12×5×14/100=Rs.1,17,600/-). Towards loss of - 5 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 amenities this Court is inclined to grant 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. 7. The claimant is entitled for the compensation for an amount of Rs.3,58,144/- under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Pain and suffering Rs. 40,000 /- 50,000/- 2. Towards medical bill Rs. 46,544 /- 46,544/- 3. Towards loss of future earning capacity Rs. 86,400 /- 1,17,600/- 4. Loss of income during the laid up period Rs. 00/- 56,000/- 5. Towards future medical expenses Rs. 10,000/- 30,000/- 6. Towards Conveyance allowance Rs. 10,000/- 18,000/- 7. Towards loss of amenities of life Rs. 10,000/- 30,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 2,02,944/- 3,58,144/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,02,944/- to Rs.3,58,144/-. 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 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 125 days was condoned by order dated *12.09.2025 on the condition that claimants are not entitled for interest. Hence the claimant is not entitled for the interest for 125 days 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. * Corrected vide chamber order dated: 13/02/2026. - 7 - HC-KAR NC: 2025:KHC:45473 MFA No. 5340 of 2025 vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 23