- 1 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4096 OF 2024 (MV-I) BETWEEN: M.N. BALAKRISHNA S/O. LATE MALLESHAPPA, AGED 31 YEARS, OCC: DRIVER, R/O. BANASHANKARI NIVASA, NEAR AYYAPPASWAMY TEMPLE, NITTUVALLI, DAVANAGERE - 577 004 …APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. A.V. SUNIL S/O A. VASUNDRAMURTHY, AGE 24 YEARS, R/O DOOR NO 765/14, 4TH CROSS, SRIRAMA BADAVANE, NITTUVALLI, DAVANAGERE 577004 2. VISHWANATHA S/O KOTESHAPPA AGED ABOUT 37 YEARS, R/O ANAJI VILLAGE AND POST, DAVANAGERE TALUK AND DISTRICT - 577 002 3. THE MANAGER IFCO TOKIO GENERAL INSURANCE CO LTD BRANCH OFFICE AT LAWYER ROAD, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 K.B. BADAVANE, DAVANAGERE - 577 002 …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R3 VIDE ORDER DATED 04.09.2025, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.08.2023 PASSED IN MVC NO. 673/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE, 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.673/2021 dated 22.08.2023 by the Principal Senior Civil Judge and CJM Davanagere, Davanagere, whereby the Tribunal had granted an amount of Rs.3,30,270/- as compensation, the claimant is before this Court seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1989, seeking compensation of an amount of Rs.8,00,000/- for the injuries sustained by the claimant in the accident. 3. The Tribunal has awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of future earnings : Rs. 2,95,800/- 2. Pain and suffering : Rs. 10,000/- 3. Special amenities : Rs. 5,000/- 4. Loss of laid up period : Rs. 1,800- 5. Food & nourishment : Rs. 5,000/- 6. Attended charges : Rs. 1,800/- 7. Medical expenses : Rs. 10,872/- TOTAL : Rs. 3,30,272/- Which is rounded to : Rs. 3,30,270/- 4. The learned counsel appearing for the claimant submits that, when the claimant had sustained a femur fracture, under the head of the pain and suffering, the - 4 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 Tribunal had granted only an amount of Rs.10,000/-. It is further submitted that, as per the evidence of the Doctor the claimant had sustained permanent physical disability of 28% to 30%, whereas the Tribunal has taken only 10% disability. The accident had taken place in the year 2021, but the Tribunal has taken income of an amount of Rs.14,500/- per month, which is on the lower side. Even under the loss of income during the laid-up period, the Tribunal has granted an amount of Rs.1,800/-. Therefore, it is submitted that on all counts, the compensation needs to be enhanced. 5. The learned counsel appearing for the respondent No.3-Insurance Company submits that the Doctor has deposed the disability at 28% to 30%, which is on the higher side and the Tribunal has rightly taken 10% disability and on all other counts also the compensation that is awarded by the Tribunal is just and reasonable and no enhancement is called for. - 5 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 6. Having heard learned counsels on either side, perused the material on record. Considering the femur injury sustained by the claimant, this Court is granting an amount of Rs.50,000/- under head of pain and suffering. Towards medical expenses, the Tribunal has rightly granted an amount of Rs.10,872/- and there are no grounds to interfere with the amount awarded by the Tribunal. Towards incidental expenses, as the claimant was in hospital for 6 days, this Court is granting an amount of Rs.6,000/-. Under the head of loss of earnings during the laid-up period, considering the notional income at Rs.15,000/- per month, as the accident had occurred in the year 2021, the claimant is entitled for an amount of Rs.60,000/- (Rs.15,000 x 4). Coming to the loss of future income, when the doctor has deposed the disability is 28% to 30% and it is a femer injury and the Tribunal had taken the disability at 10%. The percentage taken by the Tribunal towards disability is not appropriate. Hence, this Court is taking the disability at - 6 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 19%, this Court is granting an amount of (Rs.15,000 x 12 X 17 x 19/100) is Rs.5,81,400/- towards loss of future income. Towards loss of amenities, considering the femer injury and the disability, this Court is granting an amount of Rs.40,000/-. 7. 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. 8. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of future earnings/Future loss of income : Rs. 2,95,800/- 5,81,400/- (15,000x12x17x19/100) 2. Pain and suffering : Rs. 10,000/- 50,000/- 3. Special amenities/loss : Rs. 5,000/- 40,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 of amenities 4. Loss of laid up period : Rs. 1,800- 60,000/- (15,000x4) 5. Food & nourishment : Rs. 5,000/- 00/- 6. Attended charges/ Incidental expenses : Rs. 1,800/- 6,000/- 7. Medical expenses : Rs. 10,872/- 10,872/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,30,272/- 7,58,272/- Enhancement : Rs. 4,28,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.7,58,272/-. 10. Accordingly, the appeal filed by the claimant is partly-allowed by enhancing the compensation of an amount from Rs.3,30,272/-8 which is rounded off to Rs.3,30,270/- to Rs.7,58,272/-. i The enhanced amount shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. - 8 - HC-KAR NC: 2025:KHC:45029 MFA No. 4096 of 2024 ii 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. 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. vi No costs. v Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 38 CT-SG