- 1 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5221 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4171 OF 2023 (MV-I) IN MFA No. 5221/2023 BETWEEN: THE MANAGER SHRIRAM GIC LTD., BRANCH OFFICE AT KANTHARAJ URS ROAD OPPOSITE BGS HOSPITAL KUVEMPUNAGAR, MYSURU, NEW REP BY ITS THE LEGAL MANAGER, SHRIRAM GIC LTD, NO.5/3, 3RD FLOOR, S V ARCADE, BELEKAHALLI MAIN ROAD, OFF B G ROAD, IIMB POST, BENGALURU-560 076 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. MOMIN M.N. S/O NASIR M S AGED ABOUT 22 YEARS, R/AT NO.268, ARUVATHOKLU MYSOORAMMA NAGAR, VIRAJPET TALUK KODAGU DISTRICT-571 213 2. RAJAPPA S/O ANTHONAPPA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 AGED ABOUT 32 YEARS R/AT SHANTHIPURA VILLAGE KARIMUDDANAHALLI POST, BILIKERE HOBLI, HUNSUR TALUK MYSURU DISTRICT …RESPONDENTS (R1- NOTICE SERVED V/O DATED: 16.08.2023- NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023 PASSED IN MVC NO.185/2021 IN THE COURT OF THE PRL. SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU, PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.6,09,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA NO. 4171/2023 BETWEEN: MOMIN M.N., S/O NASIR M.S., AGED ABOUT 21 YEARS, R/AT NO.268, ARUVATHOKLU, MYSOORAMMA NAGAR,VIRAJPET TALUK, KODAGU DISTRICT-571 213 ...APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SRI RAJAPPA S/O ANTHONAPPA, AGED ABOUT 31 YEARS, R/AT SHANTHIPURA VILLAGE, KARIMUDDANAHALLI POST, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT-571 105 2. THE MANAGER SHRIRAM GENERAL INS. CO. LTD., NEW KANTHARAJ URS ROAD, - 3 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 OPPOSITE BGS HOSPITAL, KUVEMPUNAGAR, MYSURU-570 004 ...RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2 V/O DATED: 15/09/2025- NOTICE TO R1 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2023 PASSED IN MVC NO. 185/2021 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.185/2021 dated 28.03.2023 by Prl. Judge, Court of Small Causes & MACT, Mysore, both the insurance company as well as the claimant are before this court. The Insurance Company’s Appeal is MFA.No.5221/2023 and the claimant’s Appeal is MFA.No.4171/2023. 2. The claim petition is filed seeking compensation of an amount of Rs.31,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case is that on 27.12.2020 at about 10.20 a.m. claimant was traveling - 4 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 in the car along with other inmates, at that time driver of tractor drove the same from Hunsur towards H.D. Kote with high speed in a rash and negligent manner and hit the car which caused accident. He sustained injuries to the waist, left hand, chest, left leg and other parts of the body. Immediately he was shifted to the Government Hospital, Mysore and after initial treatment he was shifted to JSS Hospital, Mysuru where he took treatment as inpatient from 31.12.2020 to 15.01.2021. Considering the injuries, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 55,000/- 2. Medical Expenses : Rs. 1,38,500/- 3. Food and Attendant charges : Rs. 20,000/- 4. Loss of future income : Rs. 3,07,000/- 5. Loss of income during the laid up period : Rs. 43,500/- 6. Loss of Amenities : Rs. 45,000/- TOTAL : Rs. 6,09,000/- 3. Learned counsel appearing for the insurance company submits that when the claimant had sustained injuries, as per the evidence of the doctor, 19 and odd % disability to the limb and 7% disability to the whole body the Tribunal had granted - 5 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 future prospects which is not permissible. For 7% total body disability, the Tribunal had granted an amount of Rs.45,000/- under the head of loss of amenities. It is submitted that on all the counts the amount of compensation that is awarded by the Tribunal is on the higher side. 4. Learned counsel appearing for the respondent/claimant submits that when the claimant had sustained 3 fractures, under the head of pain and suffering and even under the head of loss of earning during the laid up period the amount that is granted by the Tribunal is not a just and reasonable compensation. Learned counsel further submits that the Tribunal had rightly considered all these aspects and under the head of loss of future earnings the Tribunal rightly granted an amount of Rs.3,07,000/- and there are no reasons to interfere. 5. Having heard the learned counsels on either side, perused the material on record. First of all, coming to the head of pain and suffering, considering the 3 fracture injuries this Court is granting an amount of Rs.70,000/-. Coming to the medical expenses as the Tribunal had rightly granted an amount of Rs. 1,38,500/- and no interference is called for. - 6 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 Then under the head of loss of earning during the laid up period considering the hospitalization and the injuries and considering the income at Rs.14,500/-x 4 =Rs.58,000/- and the Tribunal had rightly granted an amount of Rs.20,000/- under the head of Food, nourishment and attendant charges, and this Court is not interfering with the same. Then coming to the loss of future earning this Court finds force in the argument of the learned Counsel for the Insurance Company for a disability of 7% the Tribunal cannot consider future prospects and hence, this court is granting an amount of Rs.2,19,240/-. (Rs.14,500 x 12 x 18 x 7/100= Rs.2,19,240/-) Under the head of loss of amenities also, for a 7 % disability the Tribunal ought not to have granted an amount of Rs.45,000/- hence, this Court is granting an amount of Rs.30,000/-. 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 ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. - 7 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 7. Altogether the claimant is entitled for an amount of Rs.5,45,740/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 55,000/- 70,000/- 2. Medical Expenses Rs. 1,38,500/- 1,38,500/- 3. Food, nourishment & Attendant charges Rs. 20,000/- 20,000/- 4. Loss of future income Rs. 3,07,000/- 2,19,240/- 5. Loss of income during the laid up period Rs. 43,500/- 58,000/- 6. Loss of Amenities Rs. 45,000/- 30,000/- 7. Legal expenses Rs. 10,000/- TOTAL Rs. 6,09,000/- 5,45,740/- i. Accordingly, the appeal filed by the Insurance Company MFA.No.5221/2023 is Partly Allowed by reducing the compensation from an amount of Rs.6,09,000/- to Rs.5,45,740/-. Appeal filed by the claimant MFA.No.4171/2023 is dismissed. ii. The amount in deposit shall be forthwith transferred to the tribunal. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 8 - HC-KAR NC: 2025:KHC:36683 MFA No. 5221 of 2023 C/W MFA No. 4171 of 2023 the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 3