- 1 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4190 OF 2024(MV-I) BETWEEN: BALA OBALESH K., S/O. OBALESH K., AGED ABOUT 31 YEARS, R/AT NO.65, NEAR GANGAMMA TEMPLE, GANGAMMAGUDI CIRCLE, JALAHALLI, BANGALORE-560 012. …APPELLANT (BY SRI. SHRIPAD .V SHASTRI, ADVOCATE) AND: 1. RAVI KIRAN .M.K., PROP. SRT BLUE METALS, NO.151/154, III FLOOR, HOSUR MAIN ROAD, CHANDAPURA CIRCLE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 ANEKAL TQ, BANGALORE-562 107. 2. ICICI LOMBARD GENERLA INSURANCE COMPANY LIMITED, NO.121, 9TH FLOOR, THE ESTATE BUILDING, DICKSENSON ROAD, M.G. ROAD, BANGALORE-560 001. BY ITS MANAGER. …RESPONDENTS (NOTICE TO R1 IS DISPENSED WITH V/O/DATED 09.09.2025; BY SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2023 PASSED IN MVC NO.4110/2022 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (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: - 3 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.4110/2022 dated 02.12.2023 by the XVIII Addl. Judge, Court of Small Causes and MACT at Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.7,05,144/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 01.07.2022 at about 12.45 pm., he was taking out passengers’ bag from his parked auto-rickshaw on extreme left side of Attibele Manchanahalli road, near Srirama apartment, Anekal Taluk, Bengaluru, at that time, the driver of the tipper lorry came at high speed in a rash and negligent manner without observing traffic rules and regulations, came to extreme side of the road and ran over right foot of the claimant and caused the accident. Due to impact the claimant sustained crush injury of right foot. Immediately after the accident, the claimant was shifted to Sri - 4 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 Sai Hospital, Attibele wherein first aid treatment was given and then shifted to Srinivasa 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. 2,52,960/- 2. Loss of income during the laid up period and one attendant Rs. 20,640/- 3. Conveyance charges Rs. 20,000/- 4. Pain, suffering and loss of amenities Rs. 1,20,000/- 5. Food, nourishment, attendant charges and loss of amenities Rs. 70,000/- 6. Medical bills Rs. 2,21,544/- Total Rs. 7,05,144/- 3. Learned counsel appearing for the appellant/ claimant submits that the claimant is aggrieved only on pain and suffering, loss of future income, loss of amenities and loss of income during the laid up period. It is submitted that as per the evidence of the doctor, the claimant had sustained crushed degloving injury of right foot and he had sustained permanent physical disability at 25% to the whole body, but the Tribunal had taken the disability at 8% to the whole body. It is further submitted that even under the head of loss of amenities, no amount is granted and on all the counts the Tribunal had failed - 5 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 to grant a just and reasonable compensation and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that along with the incidental expenses the Tribunal had also added the loss of amenities and no enhancement is called for. It is submitted that on all counts the compensation that is awarded by the Tribunal is just and reasonable. 5. Having heard the learned counsels on either side, perused the material on record. As far as pain and suffering is concerned, the Tribunal had granted an amount of Rs.1,20,000/- and no interference is called for. As the claimant was there in the hospital for 23 days, towards food, nourishment, attendant charges this Court is granting an amount of Rs.23,000/-. Towards medical bills the Tribunal had rightly granted the compensation amount and this Court is not interfering with the same. Coming to the loss of income during the laid up period, considering the injuries this Court is taking it for five months. Hence, this Court is granting an amount of (15500X5)= Rs.77,500/- towards loss of income - 6 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 during the laid up period. Coming to the loss of future income, as rightly argued by the learned counsel for the appellant/claimant, as the claimant had a crush injury and he is a working as a driver, this Court is inclined to take 25% of the limb disability as whole body disability and also 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 (21700X12X17X25/100)= Rs.11,06,700/- towards loss of future income. Towards loss of amenities this Court is granting an amount of Rs.60,000/-. 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 therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of future income Rs. 2,52,960/- 11,06,700/- 2. Loss of income during the laid up period and one attendant Rs. 20,640/- 77,500/- 3. Conveyance charges Rs. 20,000/- 00/- 4. Pain and suffering Rs. 1,20,000/- 1,20,000/- 5. Food, nourishment, attendant charges Rs. 70,000/- 23,000/- 6. Medical bills Rs. 2,21,544/- 2,21,544/- 7. Loss of amenities Rs. 00/- 60,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 7,05,144/- 16,18,744 8. Altogether, the claimant is entitled for compensation of an amount of Rs.16,18,744/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,05,144/- to Rs.16,18,744/- 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) Respondent No.2/Insurance Company shall pay the compensation. iii) 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 - 8 - HC-KAR NC: 2025:KHC:43921 MFA No. 4190 of 2024 deposit, the claimant is entitled to withdraw the entire amount. 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/- _________________________ JUSTICE LALITHA KANNEGANTI BN List No.: 2 Sl No.: 8