- 1 - HC-KAR NC: 2025:KHC:45475 MFA No. 4468 of 2025 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. 4468 OF 2025 (MV-I) BETWEEN: SRI.DEEPAK K.S. S/O SRINIVAS NOW AGED ABOUT 30 YEAR RESIDING AT KALLANAKUPPE VILLAGE MARALAVADI HOBLI KANAKAPUR TALUK RAMANAGAR DISTRICT-562 117 …APPELLANT (BY SRI. B.CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. SRI.KISHORE KUMAR K., S/O KRISHNARAJU MAJOR (AGED OF RESPONDENT NO.1 NOT KNOWN TO APPELLANT) NO.C 39, 13TH A CROSS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45475 MFA No. 4468 of 2025 8TH MAIN, 2ND STAGE BTM LAYOUT, BENGALURU-560 076 2. THE SBI INSURANCE COMPANY LTD., NO. 3/1, 1ST FLOOR, RUKMINI TOWERS PLATFORM ROAD SHESHADRIPURAM BENGALURU -560 020 BY ITS MANAGER …RESPONDENTS (BY SRI.P.S.JAGADISH, ADVOCATE FOR R2 V/O/D: 24/06/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 25.11.2024 PASSED IN MVC NO.2868/2022 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES AND ACJM, ADDITIONAL MACT, BENGALURU, (SCCH-15), 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:45475 MFA No. 4468 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2868/2022 dated 25.11.2024 by the XIII Additional Small Causes Judge, ACJM, Court of Small Causes & Member MACT-15, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain, Shock & Suffering : Rs. 75,000/- 2. Loss of Amenities : Rs. 30,000/- 3. Loss of income during the laid up period : Rs. 93,000/- 4. Attendant’s charges, Extra diet and conveyance : Rs. 54,000/- 5. Medical Expenses : Rs. 5,900/- 6. Loss of Future Income : Rs. 3,16,200/- TOTAL : Rs. 5,74,100/- 3. Learned counsel appearing for the claimant submits that, when the claimant was in hospital for 86 days under the - 4 - HC-KAR NC: 2025:KHC:45475 MFA No. 4468 of 2025 head of attendant charges, only an amount of Rs.54,000/- was awarded by the Tribunal. As per the doctors evidence, future operation is required and no amount was granted under the said head. It is submitted that as per the doctors evidence 41% disability to the limb and 21% disability to the whole body, but the Tribunal had taken 10%. It is submitted that on all the counts, the compensation needs to be enhanced. 4. The learned counsel appearing for the respondent/insurance company submits that the Tribunal had rightly considered and granted a just and reasonable compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Under the head of pain and suffering, medical expenses, loss of income during laid up period and towards loss of amenities, the Tribunal has rightly granted the reasonable compensation and no interference is called for. Coming to the loss of future income, the doctor had deposed that 41% disability to the limb ad 1/3rd of it comes to 14%. The Tribunal without any basis had taken disability at 10%. Hence this Court is inclined to take 14% as - 5 - HC-KAR NC: 2025:KHC:45475 MFA No. 4468 of 2025 disability therefore under the head of loss of future income, this Court is granting an amount of (Rs.15,500x12x17x14/100) is Rs.4,42,680/-. According to the doctor, the future operation is required, hence, this court is granting an amount of Rs.30,000/- towards future operation expenses. Towards attendant charges this court is inclined to grant an amount of Rs.86,000/-. 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. 7. The claimant is therefore entitled for compensation of an amount of Rs.7,72,580/-under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain, Shock & Suffering Rs. 75,000/- 75,000/- 2. Loss of Amenities Rs. 30,000/- 30,000/- 3. Loss of income during the laid up period (15500 X 6) Rs. 93,000/- 93,000/- 1 (2014)11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45475 MFA No. 4468 of 2025 4. Attendant’s charges, Extra diet and conveyance Rs. 54,000/- 86,000/- 5. Medical Expenses Rs. 5,900/- 5,900/- 6. Loss of Future Income Rs. 3,16,200/- 4,42,680/- 7. Future operation Rs. 00/- 30,000/- 8. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 5,74,100/- 7,72,580/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,74,100/- to Rs.7,72,580/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The 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. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the - 7 - HC-KAR NC: 2025:KHC:45475 MFA No. 4468 of 2025 order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 21