- 1 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 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. 8036 OF 2024 (MV-I) BETWEEN: RAJITH @ RANJITH H.P., S/O PUTTASWAMY AGED ABOUT 34 YEARS R/O HYARAMBI VILLAGE JENUGADDE POST CHIKKAMAGALURU TALUK AND DISTRICT -577 101 …APPELLANT (BY SMT.ANUPAMA D.A., ADVOCATE FOR SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. THE MANAGER M/S ACKO GENERAL INS. CO. LTD., NO. 36/5, HUSFLEHUB ONE EAST SOMASANDRA PALYA 27TH MAIN ROAD, SECTOR 2 HSR LAYOUT BANGALORE -560 102 2. BASAVARAJU S/O CHANDRASHEKARAIAH R., AGED ABOUT 24 YEARS R/O AGALAKUPPE VILLAGE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 of 2024 DABASPETE POST SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT- 562 123 3. NAGARAJ HEGDE S/O RAMACHANDRA HEGDE AGED ABOUT 38 YEARS R/O NO. 152, GROUND FLOOR 2ND CROSS, 3RD MAIN VINAYAKA BADAVANE BESIDE RAILWAY CROSS SHETTIHALLI, METARAHALLI CHIKKABANAVARA BANGALORE -560 090 …RESPONDENTS (BY SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R1 V/O/D 13/01/2025- NOTICE TO R2 AND R3 ARE DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.07.2024 PASSED IN MVC NO. 22/2022 ON THE FILE OF THE I ADDITIONAL SENIOR JUDGE, JMFC, MACT, CHIKKAMAGALURU, 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:45622 MFA No. 8036 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.22/2022 dated 04.07.2024 by the I Additional Senior Civil Judge and Member of MACT, Chikkamagaluru, the appellant/claimant is before this Court seeking enhancement of the compensation as well as questioning the contributory negligence that is fixed on the claimant. 2. The claim petition was filed seeking compensation of an amount of Rs.1,00,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 02.10.2021, he was proceeding in a lorry from Chikkamagalru towards R.K.Power Jin situated at Hiriyuru at about 12:15 a.m., when the lorry reached near Bharamagiri, the lorry was stopped at left side of the road, the claimant and the lorry cleaner got down from the lorry and was checking the diesel tank, at that time the driver of the car came from the opposite direction in a rash and negligent manner with high speed and dashed against the front side bumper of the lorry and also dashed to the claimant, as a result, the claimant sustained grievous injuries all over the body. - 4 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 of 2024 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 60,000/- 2. Medical Expenses : Rs. 1,98,758/- 3. Nourishment, Conveyance and attendant charges : Rs. 35,000/- 4. Loss of future income due to permanent disability : Rs. 4,32,000/- 5. Future medical expenses : Rs. 30,000/- 6. Loss of amenities of life : Rs. 20,000/- TOTAL : Rs. 7,75,758/- 4. The Tribunal had held that if the driver of the lorry had parked it with signal lights, the accident could be avoided and held that there is 20% contributory negligence on the part of the claimant. 5. Learned counsel appearing for the appellant/claimant submits that there is no contributory negligence on the part of the claimant and in fact the parking lights were on. It is submitted that the Tribunal had failed to grant reasonable compensation. When he was in hospital for 73 days, the Tribunal had granted only an amount of Rs.35,000/- under the - 5 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 of 2024 head of nourishment, conveyance and attendant charges and it is submitted that under the head of loss of income during laid up period also, the Tribunal had not granted any amount. It is submitted that under the head of loss of amenities, the amount that is granted is not just and reasonable and the same needs to be enhanced. It is submitted that on all counts, the compensation needs to be enhanced and there is no contributory negligence on the part of the claimant. 6. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had rightly held that there is contributory negligence on the part of the claimant. At 12:15 a.m., the claimant had parked the vehicle on the side of the road without the parking lights on and the Tribunal had rightly fixed the contributory negligence on the part of the claimant and when it comes to the compensation, it is submitted that the Tribunal had granted just and reasonable compensation. 7. Having heard the learned counsels on either side, perused the entire material on record. As far as pain and suffering, medical expenses and loss of future income due to - 6 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 of 2024 permanent disability are concerned, the Tribunal had granted reasonable compensation and no interference is called for. Considering the 73 days of hospitalization, this Court is granting an amount of Rs.73,000/- towards nourishment, conveyance and attendant charges. Coming to the loss of income during laid up period, for six months, this Court is granting an amount of Rs.87,000/- (Rs.14,500x6). This Court is granting amount of Rs.40,000/- towards loss of amenities of life. 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 entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 60,000/- 60,000/- 2. Medical Expenses : Rs. 1,98,758/- 1,98,758/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 of 2024 3. Nourishment, Conveyance and attendant charges : Rs. 35,000/- 73,000/- 4. Loss of future income due to permanent disability : Rs. 4,32,000/- 4,32,000/- 5. Loss of income during laid up period : Rs. 00/- 87,000/- 5. Future medical expenses : Rs. 30,000/- 00/- 6. Loss of amenities of life : Rs. 20,000/- 40,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 7,75,758/- 9,00,758/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.9,00,758/-. As there is 20% contributory negligence on the part of the claimant, respondent No.1/ Insurance Company is liable to pay compensation of an amount of Rs.7,20,607/-. 11. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.6,20,600/- to Rs.7,20,607/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 8 - HC-KAR NC: 2025:KHC:45622 MFA No. 8036 of 2024 ii. The respondent No.1 - 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. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 13