- 1 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7256 OF 2023 (MV-I) BETWEEN: SRI. ABBU S/O SAMIULLA AGED ABOUT 27 YEARS, R/AT NO. 20/3, INDIRAGANDHI ROAD, KEMPANANJANPURA, MYSURU. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. DR.VICTOR IMMANUAL MENJEES S/O LATE JOHN MENIJEES AGED ABOUT 53 YEARS R/AT NO 448, NEW KANTHARAJA URS ROAD T.K.LAYOUT MYSURU - 570 004 2. THE MANAGER TATA AIG GENERAL INSURANCE CO. LTD., R/AT 374, 1ST FLOOR, SUNNY CENTER KALIDASA ROAD, VIJAYANAGAR 1ST STAGE MYSURU - 570 017 …RESPONDENTS (BY SRI.PRADEEP, ADVOCATE FOR R2 R1- SERVED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 05.09.2023 PASSED IN MVC NO.1292/2022 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 THIS APPEAL, COMING ON FOR 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.1292/2022 dated 05.09.2023 by the Principal Judge, Court of Small Causes & MACT, Mysuru, the claimant is before this Court seeking enhancement of the compensation. 2. The claimant had filed the claim petition under Section 166 of the Motor Vehicles Act, seeking compensation of an amount of Rs.39,00,000/- with interest at the rate of 18% for the injuries sustained in road traffic accident. 3. The brief facts of the case are that on 07.08.2022 at about 11:35 a.m., while the claimant was proceeding in the motor cycle to go to pump house and when he was proceeding on KRS-Mysuru main road, near Varuna Channel, Mogarahalli Village, on the left side of the road by following traffic rules, the driver of the car drove the same at a high speed in a rash and negligent manner and dashed the claimant, consequent to which the claimant fell down from the motor cycle and - 3 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 sustained grievous injuries. Immediately the public who gathered at the spot shifted him to K.R.Hospital, Mysuru where he took first aid treatment and from there for better treatment he was shifted to Nagarajegowda Hospital, Mysuru where he took treatment as inpatient and underwent surgery for fracture of right leg for insertion of implants. 4. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain, Agony and suffering : Rs. 60,000/- 2. Loss of amenities and happiness and inconvenience : Rs. 15,000/- 3. Medical expenses & hospital charges : Rs. 70,319/- 4. Loss of earning during laid up period : Rs. 31,000/- 5. Towards attendant, food, nourishment and other sundry expenses : Rs. 5,000/- 6. Loss of future earnings : Rs. 2,21,340/- Total Compensation : Rs. 4,02,659/- 5. Learned counsel appearing for the petitioner/claimant submits that under the head of pain, agony and suffering, loss - 4 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 of amenities and happiness and inconvenience, loss of earning during laid up period, towards attendant, food and nourishment and other sundry expenses and loss of future earnings, the amount that is granted by the Tribunal is not just and reasonable. It is submitted that as per the evidence of the doctor, there is disability of 38% to the right lower limb and the Court had taken the disability to the whole body as 5% instead of 13%. It is submitted that the contributory negligence is fixed on the claimant without any basis and there is no contributory negligence on the part of the claimant. 6. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had fixed the contributory negligence at 20% basing on the evidence and there are no grounds to interfere. It is submitted that on all other grounds, the compensation that is awarded by the Tribunal is just and reasonable and there are no grounds to interfere. 7. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained fracture of medial tibial plateau and intercondyles - 5 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 eminence with fracture of fragment within knee joint, fracture of tip of proximal fibula, Complete Anterior and posterior cruciate ligament tear, bucket handle tear of medial and lateral meniscus. The Tribunal had granted an amount of Rs.60,000/- under the head of pain, agony and suffering. Considering the injuries sustained by the claimant, this Court is granting an amount of Rs.70,000/- towards pain, agony and suffering. As the claimant had sustained 38% disability to the right lower limb, disability to whole body is taken at 13%. Hence, this Court is granting an amount of Rs.30,000/- towards loss of amenities and happiness and inconvenience. The Tribunal had rightly granted an amount of Rs.70,319/- towards the medical expenses and hospital charges basing on the evidence and this Court is not inclined to interfere with the same. Coming to the loss of earning during laid up period, considering the injuries sustained by the claimant and considering the income of the claimant at Rs.15,500/- per month, for three months, this Court is granting an amount of Rs.46,500/- (Rs.15,500x3). As the claimant was admitted in the hospital for six days, this Court is granting an amount of Rs.6,000/- towards attendant, food, nourishment and - 6 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 other sundry expenses. Then coming to the loss of future earnings, when the doctor had opined that the claimant had sustained 38% disability to the right lower limb, the Tribunal ought to have taken 1/3rd of it i.e., 13% as the disability to the whole body but the Tribunal had taken the disability at 5% without any basis and this Court is taking the disability to the whole body at 13%. Towards loss of future earnings, this Court is granting an amount of Rs.4,11,060/- (Rs.15,500x12x17x13/100). 8. 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. 9. 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. Pain, Agony and suffering : Rs. 60,000/- 70,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 2. Loss of amenities and happiness and inconvenience : Rs. 15,000/- 30,000/- 3. Medical expenses & hospital charges : Rs. 70,319/- 70,319/- 4. Loss of earning during laid up period : Rs. 31,000/- 46,500/- 5. Towards attendant, food, nourishment and other sundry expenses : Rs. 5,000/- 6,000/- 6. Loss of future earnings : Rs. 2,21,340/- 4,11,060/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,02,659/- 6,43,879/- Enhancement : Rs. 2,41,220/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.6,43,879/-. 11. The Tribunal had given a finding that there is 20% contributory negligence on the part of the claimant. This Court has perused the order and the Tribunal had rightly fixed the contributory negligent at 20% on the claimant and this Court finds no reason to interfere. 20% of compensation will come to Rs.1,28,775/-. Hence, the claimant is entitled for compensation of an amount of Rs.5,15,103/-. - 8 - HC-KAR NC: 2025:KHC:31865 MFA No. 7256 of 2023 12. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,02,659/- to Rs.6,43,879/-. After deducting 20% towards contributory negligence, respondent No.2/Insurance Company is liable to pay compensation of an amount of Rs.5,15,103/-. 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. The 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 without furnishing any security. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 56