- 1 - HC-KAR NC: 2025:KHC:42578 MFA No. 6311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 6311 OF 2025 (MV-I) BETWEEN: MR. IMTIYAZ S/O PODIMONU AGED ABOUT 39 YEARS RESIDING OF ALEKALA PANDEL BHAG ULLALA MANGALURU DAKSHINA KANNADA DIST - 575 001 …APPELLANT (BY SRI. VENKATE GOWDA K., ADVOCATE) AND: 1. MR. AYSHATHUL KAMASEENA S/O UMARABBA AGED ABOUT 28 YEARS RESIDING OF ASHIYA MANZIL NEAR MADANI COLELGE ULLALA MANGALURU TALUK DAKSHINA KANANDA DIST 575001 2. THE MANAGER M/S NATIONAL INSURANCE COMPANY CO LTD., DIVISIONAL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42578 MFA No. 6311 of 2025 OFFICE II, RASHIKA CHAMBERS MARKET, ROAD MANGALURU 575 001 …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 28.08.2025 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 18.01.2024 PASSED IN MVC NO. 1369/2019 ON THE FILE OF THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, MANGALURU D.K., 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:42578 MFA No. 6311 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1369/2019 dated 18.01.2024 by the I Addl. Senior Civil Judge and CJM at Mangaluru, D.K., whereby the Tribunal had awarded compensation of an amount of Rs.5,87,000/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.40,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 27.11.2018 at 5.00 am., when the claimant was proceeding as a pillion rider on a Scooter near Naganakatte, Thokottu, Mangaluru City, at that time the rider thereof drove the said vehicle in rash and negligent manner and applied sudden brake in order to avoid pot-hole on the road, as a result of which the claimant fell down and sustained grievous injuries. Immediately thereafter he was shifted to Kanachur Hospital, Deralakatte and had taken treatment as an inpatient and also undergone surgery. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:42578 MFA No. 6311 of 2025 Sl. No. Heads of Compensation Amount granted 1. Attendant charges, extra nutritious food and conveyance charges Rs. 20,000/- 2. Pain and suffering Rs. 80,000/- 3. Loss of income during laid up period Rs. 54,000/- 4. Loss of future income due to disability Rs. 1,95,000/- 5. Loss of future amenities and happiness Rs. 50,000/- 6. Medical expenses Rs. 1,38,000/- 7. Future medical expenses Rs. 50,000/- Total Rs. 5,87,000/- 3. Learned counsel appearing for the appellant/ claimant submits that the Tribunal had taken the income at Rs.9,000/- per month instead of Rs.12,500/- per month. It is submitted that on all the other heads also the compensation that is awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the 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. This Court had perused the - 5 - HC-KAR NC: 2025:KHC:42578 MFA No. 6311 of 2025 award. Under the heads of pain and suffering, attendant charges, extra nutritious food and conveyance charges, loss of future amenities and happiness, medical expenses and future medical expenses the Tribunal had rightly granted the compensation amounts and this Court is not interfering with the same. Coming to the loss of income during the laid up period, considering that the fact that the accident had taken place in the year 2018, as per the chart this Court is taking the income at Rs.12,500/- and the Tribunal had taken it for six months. Hence, this Court is granting an amount of (12500X6)= Rs.75,000/- towards loss of income during the laid up period. Coming to the loss of future income, this Court is granting an amount of (12500X12X15X12/100)= Rs.2,70,000/- towards loss of future earnings. 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:42578 MFA No. 6311 of 2025 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Attendant charges, extra nutritious food and conveyance charges Rs. 20,000/- 20,000/- 2. Pain and suffering Rs. 80,000/- 80,000/- 3. Loss of income during laid up period Rs. 54,000/- 75,000/- 4. Loss of future income due to disability Rs. 1,95,000/- 2,70,000/- 5. Loss of future amenities and happiness Rs. 50,000/- 50,000/- 6. Medical expenses Rs. 1,38,000/- 1,38,000/- 7. Future medical expenses Rs. 50,000/- 50,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 5,87,000/- 6,93,000/- Enhanced amount Rs. 1,06,000/- 8. Altogether, the claimant is entitled for the compensation of an amount of Rs.6,93,000/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,87,000/- to Rs.6,93,000/- and the Insurance Company is liable to pay the compensation amount. - 7 - HC-KAR NC: 2025:KHC:42578 MFA No. 6311 of 2025 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) Respondent No.2/Insurance Company shall pay the compensation. iv) 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. v) On 24.10.2025, the delay of 489 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, the Insurance Company is not liable to pay the interest for the delayed period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BNList No.: 4 Sl No.: 35