- 1 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7114 OF 2024 BETWEEN: PUTTARAMA S/O MOODALAIAH AGED ABOUT 38 YEARS R/AT NAGATHAVALLI VILLAGE KASABA HOBLI, HASSAN TALUK AND DISTRICT-573201 …APPELLANT (BY SMT. ANUPAMA D.A, ADVOCATE FOR SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. THE BRANCH MANAGER RELIANCE INSURANCE COMPANY LTD KRUTHIKA ORCADE, H.N. PURA ROAD N.R. CIRCLE, HASSAN. 2. HARISH H.N. S/O SATHYA NARAYANA AGED ABOUT 35 YEARS, R/AT JAMANAHALLI VILLAGE AND POST BELAGODU HOBLI, SAKELESHAPURA TALUK HASSAN DISTRICT-573201. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 NOTICE TO R2 IS D/W V/O DT. 24/02/2025) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.24.05.2022 PASSED IN MVC NO.1222/2020 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT, MACT, HASSAN, 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.1222/2020 dated 24.05.2022 by the 5th Addl. District and Sessions Court and MACT, Hassan, the claimant is before this court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the Table given below: Sl.No. Heads Amount awarded 1. Pain and sufferings : Rs. 50,000/- 2. Medical bills : Rs. 1,69,699/- 3. Future medical expenses : Rs. 35,000/- 4. Nourishment, attendant charges : Rs. 2,800/- 5. Conveyance charges : Rs. 20,000/- 6. Head diet and nourishment charges : Rs. 25,000/- TOTAL : Rs. 3,02,499/- - 3 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 3. Learned counsel appearing for the appellant/claimant submits that it is the evidence of the Doctor that the claimant had sustained 20% disability to the whole body and the Tribunal has not granted any amount. It is submitted that even under the other heads also, the amount that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the respondent/Insurance Company submits that the Tribunal has not considered the evidence of the Doctor as he is not the treated Doctor and he has not given disability certificate. It is submitted that when the claimant was admitted in the Hospital for 14 days, the Tribunal had granted an amount of Rs.50,000/- towards Pain and sufferings which is on the higher side. It is submitted that there are no grounds to enhance the compensation under the said head. 5. Having heard the learned Counsels on either side, perused the material on record. The Tribunal under the heads of Pain and Suffering, medical expenses and future medical expenses had granted a reasonable amount and no interference is called for. The compensation granted under the heads of - 4 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 Nourishment, attendant charges, Head diet and nourishment charges, conveyance charges is without any basis. 6. Coming to the incidental expenses, as rightly argued by the learned Counsel for the appellant, considering that claimant for hospitalized for 14 days, this Court is granting an amount of Rs.14,000/- towards incidental expenses. The Tribunal had granted exorbitant amount while calculating his monthly income. Hence, this Court is reducing it to Rs.14,000/- per month. Then coming to the Loss of income during the laid-up period for 4 months, this Court is granting (Rs.14,000x4) Rs.56,000/-. Towards the Loss of future income, just because the Doctor is not the treated Doctor that itself cannot be a ground for the Court not to consider the disability. Considering the evidence of the Doctor and under the facts and circumstances, this Court is inclined to take disability at 10%. Hence, under the head of Loss of future income this Court is granting a sum of (Rs.14,000x12x15x10/100) Rs.2,52,000/-. Further, this Court is granting an amount of Rs.30,000/- towards Loss of Amenities. - 5 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 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 Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 50,000/- 50,000/- 2. Medical Bills : Rs. 1,69,699/- 1,69,699/- 3. Future medical expenses : Rs. 35,000/- 35,000/- 4. Nourishment, attendant charges : Rs. 2,800/- 00/- 5. Conveyance charges : Rs. 20,000/- 00/ 6. Head diet and nourishment charges : Rs. 25,000/- 00/ 7. Incidental expenses : Rs. 00/ 14,000/- 8. Loss of income during laid-up period : Rs. 00/ 56,000/- 9. Loss of future income : Rs. 00/ 2,52,000/- 10. Loss of Amenities : Rs. 00/ 30,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 11. Legal expenses Rs. 00/ 10,000/- TOTAL Rs. 3,02,499/- 6,16,699/- 9. Altogether the claimant is entitled for compensation of an amount of Rs.6,16,699/-. 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from Rs.3,02,499/- to Rs.6,16,699/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realisation. 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. iii) On such deposit, the claimant is entitled to withdraw the entire amount. iv) On 24.07.2025, the delay of 787 days was condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case they are successful in the appeal. Hence, - 7 - HC-KAR NC: 2025:KHC:45121 MFA No. 7114 of 2024 Insurance Company is not liable to pay the interest for the delayed period of 787 days in filing the appeal. 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 JT/- CT:JL