- 1 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.2095/2024 C/W MISCELLANEOUS FIRST APPEAL NO.2092/2024 (MV-I) IN MFA NO. 2095/2024 BETWEEN: MR. NANDAKISHORE A. M. S/O. MUNIRAJ, AGED ABOUT 25 YEARS, RESIDING AT ATTIBELE, SULIBELE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, PIN-562 129. …APPELLANT (BY SRI. GURUDEV PRASAD K. T., ADVOCATE) AND: 1. M/S. UNITED INDIA INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.18, 6TH FLOOR, NEAR KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU-560 001. 2. MR. NAGARAJAN. S S/O. SELLAPPAN, 230 C, KULAGOUNDANUR, MAVELIPALYAM POST, SANKAGIRRI TALUK, SALEM, TAMILNADU, PIN-637 301. …RESPONDENTS (BY SRI. S V HEGDE MULKHAND, ADVOCATE FOR R1 V/O DATED 07.11.2024, NOTICE TO R2 D/W) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 IN MFA NO. 2092/2024 BETWEEN: MR. ABHISHEK V G S/O GOPAL AGED ABOUT 26 YEARS, RESIDING AT VABASANDRA HOSKOTE TALUK BENGLAURU RURAL DISTRICT PIN-562 129. ...APPELLANT (BY SRI. GURUDEV PRASAD K. T., ADVOCATE) AND: 1. M/S. UNITED INDIA INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB NO.18, 6TH FLOOR, NEAR KRUSHI BHAVANA HUDSON CIRCLE, BENGLAURU-560 001. 2. MR. NAGARAJAN S S/O SELLAPPAN 230 C: KULAGOUNDANUR, MAVELIPALAYAM POST, SANKAGIRRI TALUK SALEM, TAMILNADU PIN- 637 301. ...RESPONDENTS (BY SRI. S V HEGDE MULKHAND, ADVOCATE FOR R1 V/O DATED 06.11.2024, NOTICE TO R2 D/W) THESE APPEALS ARE FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2022 PASSED IN MVC NO. 3029/2021 AND 3028/2021 RESPECTIVELY ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MAYOHAL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.Nos.3029 and 3028/2021 dated 18.04.2022 by the V Additional Small Causes Judge & XXIV ACMM, Member, MACT, Mayo Hall Unit, Bangalore, both the claimants are before this Court seeking enhancement of the compensation. The Tribunal had disposed of these two claim petitions by way of a common order. Hence, this Court is also passing a common order. MFA.No.2095/2024 arising out of MVC.No.3029/2021 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 25,000/- 2. Food and nourishment : Rs. 5,000/- 3. Conveyance charges : Rs. 5,000/- 4. Attendant charges : Rs. 5,000/- 5. Loss of amenities : Rs. 5,000/- 6. Loss of income during laid up period : Rs. 14,000/- 7. Loss of future income : Rs. 3,02,400/- 8. Future medical : Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 expenses 9. Medical bills : Rs. 1,79,000/- TOTAL : Rs. 5,50,400/- 3. Learned counsel appearing for the appellant/claimant submits that when the claimant had sustained grievous injuries, under the head of pain and suffering, the Tribunal had granted only an amount of Rs.25,000/-. Towards loss of income during laid up period, only an amount of Rs.14,000/- was granted. Further, the Tribunal had taken the income of the claimant at Rs.14,000/- instead of Rs.15,000/- for the accident taken place in the year 2021. Under the head of loss of amenities and future medical expenses, the Tribunal had not granted reasonable compensation. It is submitted that when the doctor had deposed that the claimant had sustained 39% disability to the right arm and 13% disability to the whole body, the Tribunal had taken 10% instead of 13%. Hence, under all these heads, the compensation needs to be enhanced. 4. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had granted just - 5 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 and reasonable compensation and no enhancement is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievous injuries that are sustained by the claimant, this Court is granting an amount of Rs.50,000/- towards pain and suffering. Towards food and nourishment, conveyance and attendant charges, the Tribunal had granted an amount of Rs.15,000/-. As the claimant was in hospital for 5 days, this Court is granting only an amount of Rs.5,000/- towards food and nourishment, conveyance and attendant charges. As the accident had occurred in the year 2021, as per the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the claimant at Rs.15,000/- per month and towards loss of income during the laid up period, considering the hospitalisation and the injuries, for three months, this Court is granting an amount of Rs.45,000/- (Rs.15,000x3). Coming to the loss of future income, when the doctor had deposed that the limb disability is 39% and the whole body is 13%, without any basis, the - 6 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 Tribunal had taken 10% disability to the whole body and this Court is taking the whole body disability at 13%. Hence, towards loss of future income, this Court is granting an amount of Rs.4,21,200/- (Rs.15,000x12x18x13/100). Considering the whole body disability of 13% sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards loss of amenities. Towards future medical expenses, this Court is granting an amount of Rs.30,000/-. The Tribunal had rightly granted an amount of Rs.1,79,000/- towards medical bills and no interference is called for. 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: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 25,000/- 50,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 2. Food and nourishment, conveyance and attendant charges : Rs. 15,000/- 5,000/- 3. Loss of amenities : Rs. 5,000/- 30,000/- 4. Loss of income during laid up period : Rs. 14,000/- 45,000/- 5. Loss of future income : Rs. 3,02,400/- 4,21,200/- 6. Future medical expenses : Rs. 10,000/- 30,000/- 7. Medical bills : Rs. 1,79,000/- 1,79,000/- 8. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 5,50,400/- 7,70,200/- 8. Altogether, the claimant in MVC.No.3029/2021 is entitled for compensation of an amount of Rs.7,70,200/-. MFA.No.2092/2024 arising out of MVC.No.3028/2021 9. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 35,000/- 2. Food and nourishment : Rs. 7,000/- - 8 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 3. Conveyance charges : Rs. 7,000/- 4. Attendant charges : Rs. 7,000/- 5. Loss of amenities : Rs. 7,000/- 6. Loss of income during laid up period : Rs. 14,000/- 7. Loss of future income : Rs. 3,02,400/- 8. Future medical expenses : Rs. 10,000/- TOTAL : Rs. 3,89,400/- 10. Learned counsel appearing for the appellant/claimant submits that when the claimant had sustained two fractures, under the head of pain and suffering, the Tribunal had granted only an amount of Rs.35,000/-. Further, under the head of loss of income during the laid up period, the Tribunal had only granted an amount of Rs.14,000/-, for one month and considered the income at Rs.14,000/- instead of Rs.15,000/- for the accident occurred in the year 2021. Coming to the loss of future income, it is submitted that the doctor had deposed that the claimant had suffered disability to lower limb at 47% and whole body disability at 16%, but the Tribunal had taken 10%. It is submitted that towards future medical expenses also, the amount that is granted by the Tribunal is not just and reasonable. - 9 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 11. Learned counsel appearing for respondent No.1/ Insurance Company submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 12. Having heard the learned counsels on either side, perused the entire material on record. Considering the fracture injuries sustained by the claimant, this Court is granting an amount of Rs.60,000/- towards pain and suffering. As the claimant was in hospital for 7 days, this Court is granting an amount of Rs.7,000/- towards food and nourishment, conveyance and attendant charges. As the accident had occurred in the year 2021, as per the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the claimant at Rs.15,000/- per month and towards loss of income during the laid up period, for three months, this Court is granting an amount of Rs.45,000/- (Rs.15,000x3). Coming to the loss of future income, the Tribunal ought to have considered the whole body disability at 16% instead of 10%. This Court is taking the disability at 16%. Hence, towards loss of future income, this Court is granting - 10 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 an amount of Rs.5,18,400/- (Rs.15,000x12x18x16/100). Considering the disability of 16% sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards loss of amenities. Towards future medical expenses, this Court is granting an amount of Rs.30,000/-. 13. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 14. 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 suffering : Rs. 35,000/- 60,000/- 2. Food and nourishment, conveyance and attendant charges : Rs. 21,000/- 7,000/- 3. Loss of amenities : Rs. 7,000/- 30,000/- 4. Loss of income during laid up period : Rs. 14,000/- 45,000/- 2 (2014) 11 SCC 178 - 11 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 5. Loss of future income : Rs. 3,02,400/- 5,18,400/- 6. Future medical expenses : Rs. 10,000/- 30,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,89,400/- 7,00,400/- 15. Altogether, the claimant in MVC.No.3028/2021 is entitled for compensation of an amount of Rs.7,00,400/-. 16. Accordingly, MFA.No.2095/2024 filed by the claimant in MVC.No.3029/2021 is partly allowed by enhancing the compensation from an amount of Rs.5,50,400/- to Rs.7,70,200/-. 17. MFA.No.2092/2024 filed by the claimant in MVC.No.3028/2021 is partly allowed by enhancing the compensation from an amount of Rs.3,89,400/- to Rs.7,00,400/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. 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. - 12 - HC-KAR NC: 2025:KHC:46291 MFA No. 2095 of 2024 C/W MFA No. 2092 of 2024 On such deposit, both the claimants are entitled to withdraw the entire amount without furnishing any security. iii. On 10.02.2025, the delay of 614 days in filing these appeals is condoned by this Court, on the condition that the claimants will not be entitled for interest for the delayed period. Hence, the Insurance Company is not liable to pay the interest for the delayed period. iv. The Registry is directed to send the 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 CT:bms List No.: 2 Sl No.: 9