- 1 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 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.4521 OF 2025(MV-I) BETWEEN: KUMARI AALIYAAH RUMANA AZMI D/O ABDUL ROAF, AGED ABOUT 20 YEARS, R/AT NO. B-72, 7TH CROSS, NEAR RATHAN SCHOOL, VISHWASHANTHINAGAR, VAJARAHALLI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. AND ALSO R/AT BEGUR MULKUNTE POST, HEBBUR HOBLI, TUMKURU TALUK, TUMKURU DISTRICT. …APPELLANT (BY SRI. N R RANGEGOWDA., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 AND: THE MANAGING DIRECTOR CENTRAL DIVISION, BMTC, SHANTHI NAGAR, K H ROAD, BANGALORE 560 027. …RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:31.01.2025 PASSED IN MVC NO. 7562/2023 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, 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 - 3 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.7562/2023 dated 31.01.2025 by the VII Addl. Senior Civil Judge and ACJM, Member, MACT-3 at Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.5,25,439/-, the claimant is before this Court seeking enhancement of the 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. Loss of future income Rs. 3,45,600/- 2. Pain and suffering Rs. 30,000/- 3. Attendant charges, extra nutritious food and conveyance charges Rs. 30,000/- 4. Medical expenses Rs. 57,839/- 5. Loss of future amenities and unhappiness Rs. 30,000/- 6. Loss of income during laid up period Rs. 32,000/- Total Rs. 5,25,439/- 3. Learned counsel appearing for the appellant/ claimant submits that under the head of pain and suffering, loss of income during the laid up period and loss of future amenities the compensation amount that is awarded by the - 4 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 Tribunal is on the lower side. It is submitted that on all counts, the compensation that is awarded is not just and reasonable amount and the same needs to be enhanced. 4. Learned counsel appearing for the respondent/ BMTC submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. The Tribunal under the head of future loss of income, incidental expenses and medical expenses had rightly granted the compensation amount and this Court is not interfering with the same. Coming to the pain and suffering considering the head injury and the other grievous fractures, this Court is granting an amount of Rs.50,000/- towards pain and suffering. Coming to the loss of income during the laid up period, as this accident had happened in the year 2023, taking the income at Rs.16,000/- per month, for three months this Court is granting an amount of (16000X3)=Rs.48,000/- towards loss of income during - 5 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 the laid up period. Towards loss of amenities, this Court is granting an amount of Rs.40,000/-. 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. 7. 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. Loss of future income Rs. 3,45,600/- 3,45,600/- 2. Pain and suffering Rs. 30,000/- 50,000/- 3. Attendant charges, extra nutritious food and conveyance charges Rs. 30,000/- 30,000/- 4. Medical expenses Rs. 57,839/- 57,839/- 5. Loss of future amenities and unhappiness Rs. 30,000/- 40,000/- 6. Loss of income during the laid up period Rs. 32,000/- 48,000/- 7. Legal expenses Rs. 00/- 10,000/- Total Rs. 5,25,439/- 5,81,439/- Deduction Rs. 00/- 10,000/- Total Rs. 5,25,439/- 5,71,439/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 8. As already the BMTC had paid an amount of Rs.10,000/- as initial compensation, if the same is deducted it comes to an amount of Rs.5,71,439/-. 9. Altogether, the claimant is entitled for compensation of an amount of Rs.5,71,439/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,25,439/- to Rs.5,71,439/- and the BMTC is liable to pay the compensation amount. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The respondent/BMTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. iii) 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. - 7 - HC-KAR NC: 2025:KHC:43927 MFA No. 4521 of 2025 iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 22