- 1 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 5203 OF 2024 (MV-I) BETWEEN: SRI HARISH N S/O NARAYAN RAO AGED ABOUT 41 YEARS R/AT NO 9/2-42, 3RD MAIN ROAD LAKSHMIDEVI NAGAR NANDINI LAYOUT BENGALURU - 560 096 … APPELLANT (BY SRI. P MAHADEVASWAMY., ADVOCATE) AND: 1. THE MANAGER THE UNITED INDIA INSURANCE CO LTD KRISHI BHAVANA 5TH FLOOR HUDSON CIRCLE BENGALURU - 560 001. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 2. SRI J MANJUNATH S/O JAYARAM NO 46 KSRTC LAYOUT HAROHALLI BENGALURU - 560 091. … RESPONDENTS (BY SRI. MOHAN KUMAR T., ADVOCATE FOR R1; VIDE ORDER DATED 13.08.2025 NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2024 PASSED IN MVC NO.5682/2022 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4, 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:42574 MFA No. 5203 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5682/2022 dated 07.02.2024 by the XVIII Addl. Judge, Court of Small Causes, Bengaluru, whereby the Tribunal had awarded compensation of an amount of Rs.10,22,557/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 07.09.2022 at about 3.15 pm., the claimant was riding his motor cycle on 2nd Main road, Subbanna Garden, Vijayanagar carefully and cautiously he reached near house No.26, “Prarthana” 2nd Main road, Subbanna Garden, at that time all of a sudden, a Maruthi EECO Ambulance being driven by its driver, in a rash and negligent manner with high speed observing all the traffic rules and regulations came from opposite direction to the wrong side of the road and dashed against the claimant motor cycle. As a result of this claimant fell down and sustained grievous injuries. Immediately after the accident, the claimant was shifted to Vijayanagar Hospital, wherein first aid treatment was given and then shifted to Fortis - 4 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 Hospital, Bengaluru, wherein he was admitted as inpatient. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of future income Rs. 5,58,000/- 2. Loss of income during the laid up period and one attendant charges Rs. 72,240/- 3. Conveyance charges Rs. 25,000/- 4. Pain and suffering and loss of amenities Rs. 1,20,000/- 5. Food and nourishment Rs. 70,000/- 6. Medical bills Rs. 1,77,317/- Total Rs. 10,22,557/- 3. Learned counsel appearing for the appellant/ claimant submits that when the doctor had deposed that the claimant had suffered disability to the liver at 25%, the Tribunal had taken the disability at 20% to the whole body, but the future prospects were not considered. It is submitted that the compensation that are awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.1/ Insurance Company submits that the amount of compensation that is awarded by the Tribunal is on the higher side. It is submitted that under the head of pain and suffering, - 5 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 conveyance charges, loss of amenities, food and nourishment the Tribunal had already granted exorbitant amount and the claimant is not entitled for any enhancement and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the contention of the learned counsel for the appellant that when the doctor had deposed that the disability is 25%, but the Tribunal had taken the disability at 20% and no future prospects is granted. As far as taking the disability at 20% by the Tribunal this Court do not find any reasons to interfere. However, considering the injury to the liver which will have an impact on the life of the claimant, this Court is inclined to grant 40% future prospects. Taking the income at Rs.15,500/- per month, future prospects at 40% would comes to an amount of Rs.6,200/- i.e., Rs.21,700/-. Hence, this Court is granting an amount of (21700X12X15X20/100)=Rs.7,81,200/- towards loss of future income. Towards loss of income during the laid up period and one attendant charges the Tribunal had granted an amount of Rs.72,240/- and this Court is not interfering with the same. Towards conveyance charges this Court is granting an - 6 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 amount of Rs.10,000/-. Towards pain and suffering and loss of amenities, this Court is granting an amount of Rs.1,00,000/-. Towards food and nourishment charges this Court is granting an amount of Rs.60,000/-. Towards medical bills the Tribunal had granted an amount of Rs.1,77,317/- and this Court is not interfering with the same. 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 to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of future income Rs. 5,58,000/- 7,81,200/- 2. Loss of income during the laid up period and one attendant charges Rs. 72,240/- 72,240/- 3. Conveyance charges Rs. 25,000/- 10,000/- 4. Pain and suffering and loss of amenities Rs. 1,20,000/- 1,00,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 5. Food and nourishment Rs. 70,000/- 60,000/- 6. Medical bills Rs. 1,77,317/- 1,77,317/- 7. Legal expenses Rs. 00/- 10,000/- Total Rs. 10,22,557/- 12,10,757/- Enhanced amount Rs. 1,88,200/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.12,10,757/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.10,22,557/- to Rs.12,10,757/- and the Insurance Company is liable to pay the compensation amount. 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) Respondent No.1/Insurance Company shall pay the compensation. iv) 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. - 8 - HC-KAR NC: 2025:KHC:42574 MFA No. 5203 of 2024 v) 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. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 65