- 1 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 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. 8402 OF 2024 (MV-I) BETWEEN: DARSHAN @ RANGEGOWDA S/O ANNAJIGOWDA, AGED ABOUT 38 YEARS, R/AT GANGANAALU VILLAGE, HEBBALE, KASABA HOBLI, ARKALGUDU TALUK, HASSAN DISTRICT NOW RESIDING AT M.I.G.54, 24TH CROSS, BEHIND ARAVINDA SCHOOL, KUVEMPU NAGAR, HASSAN. …APPELLANT (BY SRI.K.V.NAIK, ADVOCATE) AND: 1. RAFIQ AHAMEDH S/O ANWAR PAASHA, AGED ABOUT 46 YEARS, R/AT APA HALL ROAD, ILAHINAGAR, WARD NO.18, PENSION MOHALLA, HASSAN CITY. (TATA INDICA CAR NO. KA-03-ML-1899 OWNER) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 2. GANESHA B.K S/O KRISHNEGOWDA, MAJOR, R/AT A. KALLENAHALLY, SRINIVASAPURA POST, CHANNRAYAPATNA TALUK, (TATA INDICA CAR BEARING REG. NO. KA-03-ML-1899 POLICY HOLDER) 3. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., FIRST FLOOR, KRITHIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN. (POLICY VALIDITY DATED 30/0-9/2018 TILL 29/09/2019) POLICY NO. 140921823470004392) …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R3 V/O/D: 24/07/2025- NOTICE TO R1 AND R2 ARE DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.02.2024 PASSED IN MVC NO.863/2020 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SSESSIONS JUDGE, MEMBER, ADDITIONAL MACT, HASSAN, 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:45625 MFA No. 8402 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.863/2020 dated 02.02.2024 by the III Additional District Judge and Member Additional MACT, Hassan, whereby the Tribunal had granted compensation of an amount of Rs.9,15,000/-, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had awarded the compensation as per the date given below: Sl. No. Heads of Compensation Amount granted 1. Pain and suffering Rs. 15,000 /- 2. Medical Expenses, Attendant and other Incidental expenses Rs. 6,70,000 /- 3. Loss of future income Rs. 2,01,000/- 4. Loss of Income during laid off period Rs. 14,000/- 5. Loss of future happiness and amenities Rs. 15,000/- Total Rs. 9,15,000/- 3. It is the case of the claimant that he was admitted to Victoria Hospital, Bangalore on 29.08.2019. Further, the wound - 4 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 certificate discloses that the claimant underwent left humorous fracture fixation on 31.08.2019 and sustained fracture of right frontal bone and right humorous bone and he had also sustained moderate injury. The doctor had deposed that the claimant had sustained fracture of shaft of left humorous and head injury. He underwent internal fixation of left humorous and was discharged from the hospital on 03.09.2019. He took follow-up treatment at Victoria Hospital. When the doctor had examined the claimant on 21.07.2022 for disability assessment, the claimant complained off pain in left shoulder, difficulty to lift weight over the head with left upper limb, combing, putting on cloths, difficulty to do his routine activities. On clinical examination, the doctor found that there is restriction of joint movements of left shoulder, difficulty Ablution lift weight over the head with left upper limb, power of left elbow 4/5, difficulty in combing and putting on cloths. The radiological examination shows fracture united with implants in situ. The doctor i.e., PW.2 had deposed that he is having permanent physical disability to left upper limb at 31% and to the whole body 11%. - 5 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 4. Further, the claimant had also got examined another doctor PW.3. He had stated that the claimant had sustained moderate head injury and left humorous fracture and was in a state of drowsiness at the time of admission to the hospital. He also complains about persisting headache. He improved neurologically, hematoma, evacuation was performed on 05.09.2019 and was discharged from hospital on 11.09.2019 and again he was readmitted to the hospital on 30.10.2019 for autologous bone flap cranioplasty which was done on 01.11.2019 and he was discharged on 05.11.2019 with GCSE4V5M6 and no fresh deficits. He was visiting the hospital since then as an outpatient as he was suffering from headache and other related problems. He had assessed moderate disability with 35% and has calculated physical disability to an extent of 35%. 5. During the cross-examination, the doctor had denied that the injury sustained by the claimant was healed up before his admission to the hospital. He had admitted that after conducting surgery and subsequent to discharge from the hospital, the health condition of the claimant was improved. - 6 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 The Tribunal had observed that though PW.2 had assessed disability to the whole body to the extent of 11% by assessing the physical disability to the upper limb at 31%. In his cross- examination, it is stated that the fracture sustained by the claimant is properly united. Further, PW.3 though has assessed physical disability to the tune of 35% in his cross-examination has admitted that the claimant got improved subsequent to his discharge from hospital. Further, the Tribunal had observed that PW.3 is ignorant about the occupation of the claimant. He did not depose about the loss of working and earning capacity of the claimant. Hence, the Tribunal had taken 15% to the whole body. 6. Learned counsel appearing for the appellant/claimant submits that the Tribunal had failed to consider the evidence of the doctor i.e., PW.2 who had stated that the disability to the whole body is 11% and PW.3 that the whole body disability is at 35%. It is submitted that without any basis the Tribunal had taken 15% as the disability. Further, it is submitted that under the head of loss of income during laid off period and under the - 7 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 head of loss of amenities, the amount that is awarded by the Tribunal is not just and reasonable. 7. Learned counsel appearing for the respondent No.3/ Insurance Company submits that the evidence of the doctor could not inspire confidence in the mind of the Tribunal and the Tribunal considering the overall circumstances had rightly taken the disability at 15% and no enhancement is called for. It is submitted that on all counts, the amount that is awarded is just and reasonable. 8. Having heard the learned counsels on either side, perused the entire material on record. When the claimant had sustained head injury and also grievous injury, under the head of pain and suffering, this Court is inclined to grant an amount of Rs.50,000/-. Towards medical expenses, considering the medical bills, the Tribunal had rightly granted an amount of Rs.6,49,412/- and no interference is called for. As the claimant was in hospital for 15 days, this Court is granting an amount of Rs.15,000/- towards incidental expenses. Towards loss of income during laid off period, considering the income of the claimant at Rs.14,000/- per month, for four - 8 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 months, this Court is granting an amount of Rs.56,000/- (Rs.14,000x4). Coming to the loss of future income, the claimant had sustained two types of injury one is head injury and other is injury to the upper limb. The doctors had assessed the disability at 11% and 35% to the whole body and the Tribunal had taken the disability at 15%. The reasoning that is given by the Tribunal for taking the disability at 15% is without any basis. Considering the evidence of both the doctors, this Court is taking 21% as disability. As the accident had taken place in the year 2019, considering the income of the claiamtn at Rs.14,000/- per month and considering the age of 34 years, 40% future prospects will come to Rs.5,600/-. Then the income will come to Rs.19,600/-. Hence, towards loss of future income, this Court is granting an amount of Rs.7,90,272/- (Rs.19,600x12x16x21/100). Towards loss of amenities, this Court is granting an amount of Rs.40,000/-. 9. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 9 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 10. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 15,000 /- 50,000/- 2. Medical Expenses : Rs. 6,49,412 /- 6,49,412/- 3. Incidental expenses : Rs. 20,588/- 15,000/- 4. Loss of future income : Rs. 2,01,000/- 7,90,272/- 5. Loss of Income during laid off period : Rs. 14,000/- 56,000/- 6. Loss of future happiness and amenities : Rs. 15,000/- 40,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 9,15,000/- 16,10,684/- 11. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.9,15,000/- to Rs.16,10,684/-. 1 (2014) 11 SCC 178 - 10 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.3 - 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 copy of the order passed by this Court forthwith without any delay. iv. On *24.07.2025, the delay of 213 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest for the delayed period. Hence, the Insurance Company is not liable to pay the interest for the delay period. * Corrected vide chamber order dated: 14/01/2026. - 11 - HC-KAR NC: 2025:KHC:45625 MFA No. 8402 of 2024 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 16