- 1 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 57 OF 2024 (MV-I) BETWEEN: SRI. DARSHAN S S/O SIDDARAMAIAH AGED ABOUT 25 YEARS R/AT NO.38, 3RD CROSS AMBEDKAR NAGARA CHANNAPATNA TOWN RAMANAGARA DISTRICT …APPELLANT (BY SRI. RAJU S, ADVOCATE) AND: 1. SRI. CHANDRA H.N S/O NAGARAJU M MAJOR R/AT NO.129 HOTTIGANAHOSAHALLI VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT-572 159 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 2. THE NEW INDIA ASSURANCE COMPANY LTD NO.2241/4, GIRIYAMMA SHAMBUGOWDA COMPLEX CHURCH ROAD CHANNAPATNA TOWN-572 159 REPTD. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 29.07.2025) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.11.2023 PASSED IN MVC NO.99/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, 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: - 3 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.99/2017 dated 15.11.2023 by the Senior Civil Judge and JMFC and Additional MACT, Channapatna, the appellant/claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had awarded the compensation as per the table given below: Sl. No. Head of Compensation Amount in Rs. 1 Towards Loss of Future Earnings due to Disability 64,800/- 2 Medical Bills 9,153/- 3 Loss of Income during laid up period 9,000/- 4. Pain and Sufferings 50,000/- TOTAL 1,32,953/- 3. It is the case of the claimant that because of the accidental injuries and as per the evidence of the doctor, he had sustained 30% disability to the limb, and the Tribunal had taken 10% as disability to the whole - 4 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 body. When it comes to the income, the Tribunal has taken the income at Rs.3, 000/- when it is the case of the claimant that he is earning an amount of Rs.8, 000/- per month. 4. The learned counsel appearing for the claimant submits that, for the injuries sustained by the claimant, under the head of pain and suffering, the amount that is granted by the Tribunal is not reasonable compensation. Further, the Tribunal ought not to have taken Rs.3,000/- as income. The Tribunal had failed to grant any compensation under the head of loss of amenities and incidental expenses and the amount that is awarded by the Tribunal under the head of loss of income during the laid up period and loss of future earnings due to disability is also not reasonable. 5. Learned counsel appearing for the respondent /Insurance Company submits that the Tribunal has - 5 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 granted a reasonable compensation and no enhancement is called for. 6. Having heard the learned counsels on the either side, perused the entire material on record. Considering the grievous and other simple injuries sustained by the claimant, the Tribunal had rightly granted the compensation under the head of pain and suffering, medical bills and this Court do not find any reason to interfere with the award passed by the Tribunal. Considering that the claimant was in hospital for 16 days, this Court is inclined to grant an amount of Rs.16,000/- towards the 'incidental expenses'. 7. Coming to the loss of earnings during the laid up period, the accident had occurred in the year 2017. As per the chart prepared by the Karnataka State Legal Service Authority, the notional income is Rs.11,000/- per month. According to the claimant, he was earning Rs.8,000/- per month. Hence, this Court is taking - 6 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 the income at Rs.8,000/- per month and granting an amount of (Rs. 8,000/- x 4) Rs.32,000/-. Coming to the loss of future income due to disability, the claimant is entitled to a sum of (Rs.8,000/-x12x18x10%) Rs.1,72,800/- under the head of Loss of Future Income. Coming to the loss of amenities, this Court is granting an amount of Rs.20,000/-. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. Altogether, the claimant is entitled for an amount of Rs.3,09,953/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 50,000/- 50,000/- 2. Medical Expenses : Rs. 9,153/- 9,153/- 3. Incidental expenses : Rs. 00/- 16,000/- 1 (2014) 11 SC 178 - 7 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 4. Loss of income during the laid up period : Rs. 9,000/- 32,000/- 5. Loss of future income : Rs. 64,800/- 1,72,800/- 5. Loss of amenities : Rs. 00/- 20,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,32,953/- 3,09,953/- 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,32,953/- to Rs.3,09,953/- and the Insurance Company is liable to 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) 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. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified - 8 - HC-KAR NC: 2025:KHC:44958 MFA No. 57 of 2024 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 tsn* List No.: 1 Sl No.: 1