- 1 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 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. 7796 OF 2024 (MV- I) BETWEEN: KESHAVAN @ KESHAVAMURTHY, S/O LATE EDAMBA, AGED ABOUT 24 YEARS, R/AT GEJJALANATHA VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT- 5714 41 …APPELLANT (BY SRI. SREENIVASAN M Y.,ADVOCATE) AND: 1. HARISHA S/O BOREGOWDA MAJOR, R/AT CHENNENAHALLI POST, BANDEKERI POST, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT- 573116 2. THE BRANCH MANAGER TATA AIG GENERAL INS CO LTD 1ST FLOOR, SUNNY CENTRE NO 374, NEW KALIDASA ROAD, VIJAYANAGARA 1ST STAGE MYSURU- 570017 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2; Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 NOTICE TO R1 IS D/W, V/O DTD 01/08/2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THEJUDGMENT AND AWARD DATED 01.08.2024 PASSED IN MVC NO. 220/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, 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.220/2020, dated 01.08.2024 by the Senior Civil Judge & Additional MACT, Kollegala (hereinafter referred to as the "Tribunal), the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: SL. No. Under the Heads of: Amount 1. Towards Pain and sufferings : Rs. 50,000/- 2. Towards Medical Expenses : Rs. 2,51,416/- 3. Towards diet, food, : Rs. 30,000/- - 3 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 nourishment, attendant, conveyance charges and other expenses 4. Towards loss of future earning capacity on account of permanent physical disability : Rs. 15,66,000/- 5. Loss of amenities of life and discomfort : Rs. 50,000/- 6. Loss of income during the laid period : Rs. 43,600/- Total : Rs. 19,90,916/- 3. It is the case of the claimant that because of the accidental injuries, the right ankle and right knee joint are amputated. According to the doctor, the claimant had suffered 50% disability. 4. Learned counsel appearing for the claimant/appellant submits that as per the evidence of the doctor, the disability is 50%. The Tribunal had not granted future prospects. Even under the head of pain and suffering, the amount that is granted by the Tribunal is not just and reasonable. Further, even for 50% disability, under the head of loss of amenities, the Tribunal had granted only an amount of Rs.50,000/-. For the artificial limb no amount is granted and loss of income during the laid up period was considered only for - 4 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 three months. It is submitted that on all these grounds, compensation needs to be enhanced. 5. Learned counsel appearing for the Insurance Company submits that the Tribunal had rightly granted the compensation and there are no grounds to enhance the compensation amount awarded by the Tribunal. 6. Having heard the learned counsels on either side, perused the material on record. It is the evidence of the doctor that there is a deformity of right knee with exposed distal femur, tenderness, abnormal mobility of distal thigh and knee, posterior tibial, anterior tibial and dorsalispedis artery pulse not felt distal vascular, and for which he treated conservatively and discharged on 14.07.2020, and finally, on 01.02.2024 he examined the claimant and found ankle and knee joints amputated which constitute about 30% disability each i.e., 60%. He has opined that comminuted intra-articular intercondylar fracture of distal femur with vascular injury right lower limb is grievous in nature. Therefore assessed the disability at 73% to the right lower limb. The Tribunal has taken the disability at 50% to the whole body and no - 5 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 interference is called for with the well considered order passed by the Tribunal. 7. Coming to the pain and suffering, considering the injuries sustained by the claimant, this Court is granting an amount of *Rs.1,00,000/-. Under the head of medical, food and incidental expenses, the Tribunal had rightly awarded the compensation and no interference is called for. Coming to the loss of future earnings, the accident had occurred in the year 2020, the income of the claimant is taken at Rs.14,500/- and considering his age about 20 years and towards future prospects he is entitled for 40% which would comes to Rs.5,800/-. Then his salary is Rs.20,300/- under the head of loss of future earning due to disability he is entitled for an amount of Rs.21,92,400/- i.e., (Rs.20,300x12x18x50/100). Considering the disability of 50% under the head of loss of amenities, this Court is granting an amount of *Rs.1,00,000/-. Towards loss of income during the laid up period for four months this Court is granting an amount of Rs.58,000/- (Rs.14,500x4). No amount is granted for the * Corrected vide chamber order dated: 30/01/2026. - 6 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 artificial limb as the claimant is in requirement of an artificial limb, this Court is granting an amount of Rs.50,000/-. 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 claimants 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. Under the Heads of: Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards Pain and sufferings : Rs. 50,000/- 1,00,000/- 2. Towards Medical Expenses : Rs. 2,51,416/- 2,51,416/- 3. Towards die, food, nourishment, attendant, conveyance charges and other expenses : Rs. 30,000/- 30,000/- 4. Towards loss of future earning capacity on account of permanent physical disability : Rs. 15,66,000/- 21,92,400/- 5. Loss of amenities of life and discomfort : Rs. 50,000/- 1,00,000/- 6. Loss of income : Rs. 43,600/- 58,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 during the laid period 7. Artificial Limb : Rs. 000 50,000/- 8. Legal expenses : Rs. 000 10,000/- TOTAL : Rs. 19,90,916/- 27,91,816/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.27,91,816/-. 11. Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.19,90,916/- to Rs.27,91,816/-. 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 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 - 8 - HC-KAR NC: 2025:KHC:45253 MFA No. 7796 of 2024 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.: 17