- 1 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 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. 2025 OF 2024 BETWEEN: SRI. MARDAN JAMEEL @ MARDAN, DAN ZAMEEL S/O SRI SAIFULLA AGE 29 YEARS,OCC NIL R/AT NO.38, 9TH A CROSS, 1ST BLOCK, JAYANAGAR BENGALURU-560015. …APPELLANT (BY SMT. SUNITHA B.M., ADVOCATE FOR SRI. LATUR SURESH MAHALINGAPPA., ADVOCATE) AND: 1. SRI. SANTHOSH K S/O SRI KRISHNEGOWDA NO.451, 8TH CROSS, KAVERI NAGAR, B S K 2ND STAGE BENGALURU-560070. 2. THE REGIONAL MANAGER M/S THE UNITED INDIA INSURANCE COMPANY LIMITED NO.5TH & 6TH FLOOR, KRUSHI BHAVANA, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 HUDSON CIRCLE BENGALURU-560002. …RESPONDENTS (BY SRI. JANARDHAN REDDY., ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O/DATED 08/01/2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC NO.7049/2018 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, 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 M.V.C.No.7049/2018 dated 03.10.2023 by the XXII Additional Small Causes Judge and ACMM and Motor Accident Claims Tribunal, Bengaluru (SCCH-24), the appellant/claimant is before this Court seeking enhancement of the compensation for the injuries sustained by him. 2. It is the case of the claimant that on 25.09.2018 at about 1.40 p.m., the petitioner was riding his motorcycle bearing Reg.No.KA-51-EL-6667 on Jayanagara main road, at - 3 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 that time, a car bearing Reg.No.KA-41-B-2630 came with high speed in a rash and negligent manner and dashed against the petitioner's motorcycle, as a result he sustained grievous injuries. Immediately, he was shifted to S.H.R.C Hospital for first-aid treatment and later admitted at Victoria Hospital, Bangalore, wherein he had taken treatment as in-patient. The petitioner spent Rs.50,000/- towards medical and conveyances expenses. Prior to the accident, he was hale and healthy, he was a two-wheeler mechanic at Bikers Enclave, Kumaraswamy layout and was earning more than Rs.20,000/- per month. Due to permanent disability, the petitioner is not in a position to do the said work. He has suffered pain and sufferings, permanent disability, loss of income, loss of future income and other pecuniary and non-pecuniary damages. 3. The Tribunal had fixed the liability on the 2nd respondent-insurance company since the offending vehicle was insured with the insurance company and the driver of the vehicle was having valid driving license to drive the offending vehicle and the policy was in force as on the date of the accident. Based on the evidence, the Tribunal had granted the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 SL. No. Heads Compensation Awarded 1. Towards pain and sufferings : Rs. 50,000/- 2. Towards Conveyance, Attendant charges and Nourishment : Rs. 25,000/- 3. Towards loss of income during laid up period : Rs. 37,500/- 4. Towards Future loss of income : Rs. 2,70,000/- 5. Medical expenses : Rs. 29,511/- 6. Future medical expenses : Rs. 20,000/- 7. Loss of amenities and discomfort and disfiguration : Rs. 20,000/- TOTAL : Rs. 4,52,011/- 4. Learned Counsel for the appellant submits that the Tribunal has not granted reasonable compensation under the head of 'pain and suffering and other general expenses'. It is further submitted that coming to the head of 'loss of income during the laid up period' when the claimant was in hospital for 30 days, the Tribunal had only considered 3 months. Further, when the evidence of the doctor is that the claimant has sustained 48% disability to the limb, the Tribunal ought to have taken 16% disability, but the Tribunal had taken 10% as disability. For the disability of 16%, under the head of loss of amenities and discomfort and disfiguration, only Rs.20,000/- is - 5 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 awarded. Further, it is submitted that on all counts the compensation needs to be enhanced. 5. Learned Counsel appearing for the respondent- insurance company submits that the Tribunal has granted a just and reasonable compensation and no interference is called for. 6. Having heard the learned Counsels on either side, perused the entire material on record. 7. The claimant had sustained three fracture injuries and hence, under the head of 'pain and sufferings' this Court is granting an amount of ₹70,000/-. He was admitted in hospital for 30 days. Hence, under the head of incidental expenses, this Court is granting ₹30,000/-. The Tribunal had rightly granted the compensation towards 'medical expenses' and no enhancement is required. When coming to the 'loss of income during the laid up period', considering the fact that he has taken treatment as inpatient for 30 days, this Court is considering 5 months. Hence, under the said head this Court is granting an amount of ₹62,500/- (₹12,500x5=62,500). Then coming to the 'future medical expenses', in the light of the evidence of the doctor, an amount of ₹30,000/- is granted. - 6 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 As rightly argued by the learned Counsel for the appellant the Tribunal ought to have taken 16% as disability. Hence, under the head 'loss of future income' this Court is granting a sum of (₹12,500x12x18x16/100= ₹4,32,000/-) ₹4,32,000/-. For a disability of 16% suffered by the claimant, this Court is granting ₹40,000/- under the head 'loss of amenities and discomfort and disfiguration'. 8. 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'. 9. 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. Towards pain and sufferings : Rs. 50,000/- 70,000/- 2. Towards Conveyance, Attendant charges and Nourishment : Rs. 25,000/- 30,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 3. Towards loss of income during laid up period : Rs. 37,500/- 62,500/- 4. Towards Future loss of income : Rs. 2,70,000/- 4,32,000/- 5. Medical expenses : Rs. 29,511/- 29,511/- 6. Future medical expenses Rs. 20,000/- 30,000/- 7. Loss of amenities and discomfort and disfiguration Rs. 20,000/- 40,000/- 8. Legal expenses Rs. 10,000/- TOTAL Rs. 4,52,011/- 7,04,011/- Enhancement Rs. 2,52,000/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.7,04,011/-. 11. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,52,011/- to Rs.7,04,011/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The 2nd respondent-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the - 8 - HC-KAR NC: 2025:KHC:43668 MFA No. 2025 of 2024 judgment. On such deposit, the claimant is entitled to withdraw the entire amount. iii) No costs. iv) Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI DL CT: JL