- 1 - HC-KAR NC: 2025:KHC:36392 MFA No. 3563 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3563 OF 2022 (MV-I) BETWEEN: SRI. JANARDHAN H., S/O M.HANUMAIAH AGED ABOUT 35 YEARS RESIDING AT NO.21, 2ND MAIN 2ND CROSS, MANJUNATH WOOD WORKS SVG NAGAR, MOODALAPALYA NAGARABHAVI ROAD BENGALURU-560 072 …APPELLANT (BY SRI.RAGHU R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN NEXT TO MAGISTRATE COURT NRUPATHUNGA ROAD BENGALURU-560 001 REP BY ITS MANAGER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36392 MFA No. 3563 of 2022 2. SRI.MUKESH KUMAR S/O BHALLE RAM R/AT A-3, RIDHI APARTMENTS HANUMAN MANDIR ROAD AMLI, SILVASSA DADRA AND NAGAR HAVELI PIN-396193. …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R1 V/O/D 28/08/2023- NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2022 PASSED IN MVC NO.2752/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, 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:36392 MFA No. 3563 of 2022 ORAL JUDGMENT Aggrieved by the award passed by IX ASCJ, Court of Small Causes & Additional MACT-7, Bengaluru in MVC.No.2752/2019 dated 17.01.2022, the claimant is before this court seeking enhancement for the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident. The case of the claimant is that on 15.03.2019 at about 7:30 p.m., the claimant was riding scooter and he was proceeding towards Nelagadaranahalli on Gangondanahalli main road and when he reached Basava Academy, the driver of the container Lorry was parked in the centre of the road neither switching on the indicator nor switching on the parking light nor keeping a reflective tape as a result he was in illusion of the lorry moving and hit to the rear end of the lorry and due to impact he fell down and sustained injuries. 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. 25,000/- 2. Loss of amenities : Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC:36392 MFA No. 3563 of 2022 3. Hospital and medicine charges : Rs. 1,06,950/- TOTAL : Rs. 1,41,950/- 3. Learned counsel appearing for the claimant/appellant submits that the claimant had sustained following injuries: “head injury with communited fracture wall of orbit, communited fracture of posterior lateral wall left maxillary sinus, communited fracture of left zygomatic area, displaced fracture of left clavicle with left sterno clavicular joint dislocation and lacerated wound over left side face from left temple region” It is submitted that the Tribunal had awarded only an amount of Rs.25,000/- towards pain and suffering, it is submitted that no amount is granted for the loss of amenities, for the disfigurement, attendant and nourishment charges and also for the loss of income during the laid up period and it is submitted that the amount needs to be enhanced. 4. Learned counsel appearing for the respondent/ insurance company submits that the reasonable compensation is awarded and no enhancement is called for. - 5 - HC-KAR NC: 2025:KHC:36392 MFA No. 3563 of 2022 5. Having heard the learned counsel on either side, perused the material on record. Considering the injuries that are sustained by the claimant under the head of pain and suffering this Court is granting an amount of Rs.60,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.1,06,950/- and no interference is called for. Towards loss of amenities considering the disability as stated by the doctor at 10%, this court is granting an amount of Rs.30,000/-. Towards attendant, nourishment charges for 3 days of hospitalization an amount of Rs.3000/-is granted. As it is a facial injury, considering the disfigurement an amount of Rs.30,000/- is granted by this Court. Coming to the loss of income during laid up period considering his income at Rs.15,000/- for 3 months, this court is inclined to granted an amount of (Rs.15,000 x 3)Rs.45,000/-. 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. Altogether the 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:36392 MFA No. 3563 of 2022 claimant is entitled for compensation for an amount Rs.2,84,950/- 7. 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 suffering : Rs. 25,000/- 60,000/- 2. Medical expenses : Rs. 1,06,950/- 1,06,950/- 3. Loss of amenities : Rs. 10,000/- 30,000/- 4. Attendant and nourishment charges : Rs. 00/- 3,000/- 5. Disfigurement : Rs. 00/- 30,000/- 6. Loss of income during the laid up period : Rs. 00/- 45,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,41,950/- 2,84,950/- i. Accordingly, the appeal filed by the claimant is Partly Allowed by enhancing the compensation from an amount of Rs.1,41,950/- to Rs.2,84,950/- - 7 - HC-KAR NC: 2025:KHC:36392 MFA No. 3563 of 2022 ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 26