- 1 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 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. 2050 OF 2024 BETWEEN: BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD DIVISIONAL OFFICE, CRESENT COURT, K M ROAD, CHIKKAMAGALUR 577101. …APPELLANT (BY SRI. SHANKARA REDDY C., ADVOCATE) AND: 1. SRI SURESH K S/O KRISHNAMURTHY AGED ABOUT 53 YEARS, OCCUPATION COOK AND SHOPKEEPER, R/O NERALAKODIGE, HONNAVALLI POST, SRINGERI TALUK. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 of 2024 2. SRI MANJUNATHA Y S S/O SHESHAGIRIYAPPA, AGED ABOUT 53 YEARS, R/AT YEDURUMANE, HONNAVALLI POST, SRINGERI TALUK. …RESPONDENTS (BY SRI. NAGENDRA NAIK R., ADVOCATE FOR R1 R2 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.12.2023 PASSED IN MVC NO.16/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, N R PURA, ITINERATE AT SRINGERI, AWARDING COMPENSATION OF RS.6,14,180/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.16/2023 dated 13.12.2023 by the Senior Civil Judge and JMFC and MACT, N.R.Pura, Itinerate at Sringeri, whereby the Tribunal had awarded the compensation of an amount of Rs.6,14,180/-, the Insurance Company is before this Court questioning the quantum of compensation. 2. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Pain and agony Rs. 50,000/- 2. Loss of amenities of life Rs. 30,000/- 3. Medical expenses Rs. 1,32,220/- 4. Food, attendant, nourishment, conveyance and other incidental charges etc. Rs. 29,000/- 5. Loss of income during laid up period Rs. 36,000/- 6. Loss of future income Rs. 3,36,960/- Total Rs. 6,14,180/- 3. Learned counsel appearing for the appellant/ Insurance Company submits that they are before this Court only on three grounds i.e., firstly, when the claimant was in hospital for 15 days, towards incidentally expenses the Tribunal - 4 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 of 2024 had granted an Rs.29,000/-. Secondly, when it comes to the loss of future income, the doctor had deposed that the disability is 18% to the limb, but the Tribunal had considered the disability to the whole body at 18%. Thirdly, the Tribunal had taken the rate of interest at 9%, it should be reduced to 6% per annum. 4. Learned counsel appearing for respondent/claimant submits that the Tribunal had rightly granted the compensation and rightly taken the disability at 18% and there are no grounds to interfere with the well considered award passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. The Insurance Company is disputing on only three grounds which are discussed above. Towards pain and suffering, medical expenses, loss of income during the laid up period, loss of amenities, the Tribunal had rightly granted the compensation amount and this Court is not interfering with the same. Towards incidental expenses, as the claimant was there in the hospital for 15 days, this Court is granting an amount of Rs.15,000/- towards food, attendant, - 5 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 of 2024 nourishment, conveyance and other incidental charges etc. Coming to the loss of future income, when the disability is 18% to the limb, it has to be 1/3rd to the whole body. Hence, this Court is taking the disability at 6%. The Tribunal, when it comes to the income it had taken at Rs.12,000/- per month. As this Court is re-appreciating the compensation and as this accident had taken place in the year 2020, this Court is taking the income at Rs.14,500/- per month and granting an amount of (14500X12X13X6/100)= Rs.1,35,720/- towards loss of future income. 6. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Pain and agony Rs. 50,000/- 50,000/- 2. Loss of amenities of life Rs. 30,000/- 30,000/- 3. Medical expenses Rs. 1,32,220/- 1,32,220/- 4. Food, attendant, nourishment, conveyance and other incidental charges etc. Rs. 29,000/- 15,000/- - 6 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 of 2024 5. Loss of income during laid up period Rs. 36,000/- 36,000/- 6. Loss of future income Rs. 3,36,960/- 1,35,720/- Total Rs. 6,14,180/- 3,98,940/- 7. Altogether, the claimant is entitled for the compensation of an amount of Rs.3,98,940/-. 8. Accordingly, the appeal filed by the Insurance Company is allowed by reducing the compensation from an amount of Rs.6,14,180/- to Rs.3,98,940/- and by reducing the rate of interest from 9% to 6% per annum. i) The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) The appellant/Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the - 7 - HC-KAR NC: 2025:KHC:43920 MFA No. 2050 of 2024 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.: 3