- 1 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6293 OF 2022 (MV-I) BETWEEN: MRS. SUJATHA ANGELINE PINTO W/O ROCHARD JOSSY RODRIGUES AGED ABOUT 49 YEARS R/T NO 2-45/41, LAND LINKS PROJECT NEAR ADHARSHA SCHOOL HEMAVATHI NAGAR, BAJAL, PADILI, MANGALURU D.K.DISTRICT -575 007 …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. ROSHAN R. BANGERA S/O R.B.BANGERA ADULT R/AT DOOR NO.4-102/1 MULAKADU KAVOORU POST MANGALURU TALUK D.K.DISTRICT -575 015 2. THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO. LTD., SALDANA BUILDING, BRIGDE ROAD BALMATTA, MANGALURU TALUK D.K. DISTRICT- 575 001 …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R2 R1- SERVED AND UNREPRESENTED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.07.2022 PASSED IN MVC NO. 1485/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU D.K., 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 MVC.No.1485/2019 dated 26.07.2022 by the I Additional Senior Civil Judge & Member, MACT, Mangaluru, D.K., whereby the Tribunal had granted compensation of an amount of Rs.9,43,000/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- with interest at the rate of 9% per annum for the injuries sustained by her in the road traffic accident. The facts of the case are that on 18.05.2019 at 12:30 p.m. near KSRTC Bus Stop main gate, Bejai, Mangaluru, the claimant was walking by the side of the road in order to go to Bharat Mall, then Bus came in a rash and negligent manner from Bejai side towards Lalbagh to the extreme side of the road - 3 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 and dashed to the claimant, due to which the claimant was thrown out to the road and front left tyre passed over the right foot of the claimant. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Suffering : Rs. 85,000/- 2. Loss of Income During laid up period : Rs. 53,000/- 3. Loss of Amenities : Rs. 20,000/- 4. Compensation for permanent disability : Rs. 2,89,380/- 5. Medical Expenses : Rs. 4,22,562/- 6. Future Medical Expenses : Rs. 60,000/- 7. Conveyance : Rs. 3,000/- 8. Attendant charges, food and Nourishment : Rs. 10,000/- TOTAL : Rs. 9,42,942/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had taken the income of the claimant at Rs.13,250/- per month and as per the chart prepared by the Karnataka State Legal Services Authority, the Tribunal ought to have taken the income at Rs.14,000/- per month. Even under - 4 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 the head of pain and suffering, loss of amenities, loss of income during laid up period, conveyance and attendant charges, food and nourishment, the amount that is awarded by the Tribunal is not appropriate. It is submitted that on all counts the compensation needs to be enhanced. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere. This Court has perused the injuries that are sustained by the claimant. The claimant had sustained degloving injury (crush injury) to right foot (Heal Pad Avulsion) near total avulsion of 3rd, 4th and 5th toe (R) and laceration injury over scalp, bone with soft tissue over right foot exposed. Considering these injuries, under the head of pain and suffering, this Court is granting an amount of Rs.1,00,000/-. Coming to the loss of income during the laid up period, considering the crush injury and hospitalization of 36 days, for five months, this Court is granting an amount of Rs.70,000/- (Rs.14,000x5) towards loss of income during the laid up period. The Tribunal had taken the disability at 14% to the - 5 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 whole body and this Court do not find any reason to interfere with the same. Hence, under the head of loss of amenities, this Court is granting an amount of Rs.30,000/-. Then coming to the loss of future income due to disability/compensation for permanent disability, this Court is granting an amount of Rs.3,05,760/- (Rs.14,000x12x13x14/100). Towards medical expenses and future medical expenses, the Tribunal had rightly granted the compensation and no interference is called for. Coming to the conveyance, attendant charges, food and nourishment, considering 36 days of hospitalization, this Court is granting an amount of Rs.36,000/-. 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 entitled for compensation under the following heads: 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering : Rs. 85,000/- 1,00,000/- 2. Loss of Income During laid up period : Rs. 53,000/- 70,000/- 3. Loss of Amenities : Rs. 20,000/- 30,000/- 4. Compensation for permanent disability/Loss of income due to disability : Rs. 2,89,380/- 3,05,760/- 5. Medical Expenses : Rs. 4,22,562/- 4,22,562/- 6. Future Medical Expenses : Rs. 60,000/- 60,000/- 7. Conveyance Attendant charges, food and Nourishment : Rs. 13,000/- 36,000/- 8. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 9,42,942/- 10,34,322/- Enhancement : Rs. 91,380/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.10,34,322/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.9,43,000/- to Rs.10,34,322/- and the Insurance company is liable to pay the compensation. - 7 - HC-KAR NC: 2025:KHC:35177 MFA No. 6293 of 2022 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. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 17