- 1 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 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. 4091 OF 2024 (MV-I) BETWEEN: SMT. NAGARATHNA W/O SHIVANNEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT MUDAL KOPPALU VILLAGE, BETTADAPURA HOBLI, PERIYAPATANA TALUK, MALUR, MYSURU - 571 102. PRESENT ADDRESS SHIVAMMA BUILDING, GROUND FLOOR, NEAR MUTHURAYA TEMPLE, MTS COLONY, 9TH CROSS, PRASHANTHNAGAR, T.DASARAHALLI, BENGALURU - 560 057. …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. NATIONAL INSURANCE CO. LTD., BY ITS MANAGER, T.P.CLAIMS HUB, 'REGIONAL OFFICE NO. 144, 2ND FLOOR, SHUBHARAM COMPLEX, M.G.ROAD, BENGALURU - 560 001. 2. NAVEEN KUMAR, S/O LATE.A.PADMANABHA, R/AT NO.61, 7TH CROSS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 of 2024 5TH MAIN, VENKATESHWARA LAYOUT, ABBIGERE, BENGALURU - 560 090 …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R1; SRI. AMBEKALLU SHIVARAM, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.08.2023 PASSED IN MVC NO. 4236/2021 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL AND ACMM, MEMBER, MACT, BENGALURU (SCCH- 26), 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 M.V.C.No.4236/2021 dated 29.08.2023 by the XXIV Additional Small Causes Judge and ACMM Member, M.A.C.T., Bengaluru (hereinafter referred to as the "Tribunal"), the claimant is before this Court seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 of 2024 2. The Tribunal has granted the compensation as per the table given below: SL. No. Under the Heads of: Amount 1. Loss of future earning : Rs. 2,24,640/- 2. Pain and Sufferings : Rs. 25,000/- 3. Loss of amenities : Rs. 15,000/- 4. Medical Expenses : Rs. 40,612/- 5. Future Medical expenses : Rs. 15,000/- 6. Conveyance, Food, Nourishment & Attendant charges : Rs. 14,000/- 7. Loss of income during laid up period : Rs. 36,000/- Total : Rs. 3,70,252/- 3. Learned counsel appearing for the claimant submits that when the claimant had sustained grievous injury under the head of pain and suffering, the Tribunal has not granted a reasonable compensation and the accident has taken place in the year 2021, the Tribunal had taken the income at Rs.12,000/-. Further, in the doctor's evidence it is stated that the disability to the limb is 48% and to the whole body is 16%. But the Tribunal without any basis has taken the disability at 12%. Further, under the head of loss of amenities and future - 4 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 of 2024 medical expenses the amount that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the Insurance Company submits that the Doctor who has given the evidence is not the one who has treated the appellant and as such, the Tribunal has taken 10% as the disability and there are no grounds to interfere with the well considered order passed by the Tribunal. It is submitted that already the Tribunal has granted a reasonable compensation and there are no grounds to interfere with the same. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that claimant had sustained one fracture injury towards pain and sufferings, the Tribunal has granted a reasonable amount of Rs.40,000/- and this Court do not find any reason to enhance the same. Coming to the loss of income during the laid up period, as this accident had occured in the year 2021, this Court is taking the income at Rs.15,000/- and for four months i.e., (15000X4) is Rs.60,000/-. Coming to the loss of future income, the Doctor who has given the evidence is not the - 5 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 of 2024 treated doctor, and the cannot be a ground to discard the evidence. If the evidence is trustworthy, the Court has to take into consideration that evidence and this Court cannot discard the evidence of an expert. Hence, this Court is inclined to take 16% as disability therefore, under the head of future income, claimant is entitled for an amount of Rs.3,74,400/- (15,000x12x13x16/100). Coming to the loss of amenities, considering disability of 16%, this Court is granting an amount of Rs.30,000/-. Towards future medicals expenses, this Court is granting an amount of Rs.30,000/-. 6. In the light of the law laid down by the Hon’ble Apex 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 therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future earning : Rs. 2,24,640/- 3,74,400/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 of 2024 2. Pain and sufferings : Rs. 25,000/- 40,000/- 3. Loss of amenities : Rs. 15,000/- 30,000/- 4. Medical expenses : Rs. 40,612/- 40,612/- 5. Future medical expenses : Rs. 15,000/- 30,000/- 6. Loss of income during laid up period : Rs. 36,000/- 60,000/- 7. Legal expenses : Rs. --- 10,000/- 8. Incidental charges : Rs. 14,000/- 14,000/- TOTAL : Rs. 3,70,252/- 5,99,012/- Enhancement : Rs. 2,28,760/- 8. Altogether, the claimant is entitled for an amount of Rs.5,99,012/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,70,252/- to Rs.5,99,012/-. The Insurance Company shall pay and recover the same from the owner of the vehicle. i. The enhanced amount shall carry interest at the rate of 6% per annum from the date of the appeal till the date of realization. ii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment and - 7 - HC-KAR NC: 2025:KHC:45178 MFA No. 4091 of 2024 shall recover from the owner. On such deposit, the claimant is entitled to withdraw the entire amount. 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. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 9