- 1 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 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.5313 OF 2025(MV-I) BETWEEN: B. R. RAMU @ RAMANNA, S/O. RAMANNA, AGED ABOUT 51 YEARS, BASAVESHWARA COMPLEX, KEMPEGOWDA CIRCLE, BELLUR TOWN, NAGAMANGALA TALUK, MANDYA DISTRICT. …APPELLANT (BY SRI. N.R. RANGEGOWDA., ADVOCATE) AND: 1. SRI. SRINIVASA S/O. KUMAR, AGED MAJOR, BELLUR (H), NAGAMANGALA TALUK, MANDYA DISTRICT. 2. SBI GENERAL INSURANCE CO LTD., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 of 2025 REP BY ITS MANAGER, GROUND AND FIRST FLOOR, RUKMINI TOWERS 3-1, PLATFORM ROAD/RAILWAY APPROACH ROAD, SESHADRIPURAM, BENGALURU-20 …RESPONDENTS (BY SRI. B.PRADEEP., ADVOCATE FOR R2 V/O DTD. 23/09/2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2024 PASSED IN MVC NO. 5428/2023 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, AND ACMM, MACT, BENGALURU CITY (SCCH-17), 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:43928 MFA No. 5313 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.5428/2023 dated 06.06.2024 by the XIX Addl. Judge, Court of Small Causes and ACMM, Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.3,44,680/-, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed by the claimant seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 09.01.2023 at about 10.30 pm., the claimant was riding the Scooty Pep+ on the left side of the road from Bellur cross towards Bellur town and when he reached in front of Alim Saw Mill, Bellur, the rider of Hero Splendor Plus motor cycle ridden by its rider in a rash and negligent manner, all of a sudden came to its right/wrong side of the road and dashed against the motor cycle of the claimant. Due to the impact, the claimant fell down and sustained grievous injuries. Immediately after the accident, the claimant was shifted to Adichunchanagiri Hospital, after first aid he was shifted to NIMHANS Hospital, wherein he was admitted as - 4 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 of 2025 inpatient. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Towards pain and agony Rs. 30,000/- 2. Towards medical expenses Rs. 54,000/- 3. Towards loss of income Rs. 32,000/- 4. Towards disability Rs. 1,99,680/- 5. Towards food, nourishment and conveyance Rs. 15,000/- 6. Towards attendant charges Rs. 14,000/- Total Rs. 3,44,680/- 3. Learned counsel appearing for the appellant/ claimant submits that no amount is granted towards loss of amenities. Under the head of pain and suffering and towards loss of income, disability and attendant charges, the compensation amount that is awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that on all counts the compensation that is awarded by the Tribunal is just and reasonable and no interference is called for. - 5 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 of 2025 5. Having heard the learned counsels on either side, perused the material on record. Considering the fracture and injuries, this Court is granting an amount of Rs.40,000/- towards pain and suffering. Towards medical expenses the Tribunal had rightly granted the compensation amount and no interference is called for. Coming to the loss of income, as this accident had taken place in the year 2023, taking the income at Rs.16,000/- per month and for three months, this Court is granting an amount of Rs.48,000/- towards loss of income during the laid up period. The Tribunal had considered the whole body disability at 8%. This Court is inclined to take the disability at 12%. Hence, this Court is granting an amount of (16000X12X13X12/100)= Rs.2,99,520/- towards disability. As the claimant was there in the hospital for 8 days, this Court is granting an amount of Rs.14,000/- towards food, nourishment, conveyance and attendant charges. Towards loss of amenities the Tribunal had not granted any amount. Considering the disability at 12%, this Court is granting an amount of Rs.20,000/- towards loss of amenities. - 6 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 of 2025 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. Towards pain and agony Rs. 30,000/- 40,000/- 2. Towards medical expenses Rs. 54,000/- 54,000/- 3. Towards loss of income Rs. 32,000/- 48,000/- 4. Towards disability Rs. 1,99,680/- 2,99,520/- 5. Towards food, nourishment and conveyance Rs. 15,000/- 14,000/- 6. Towards attendant charges Rs. 14,000/- 7. Towards loss of amenities Rs. 00/- 20,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 3,44,680/- 4,85,520/- Enhanced amount Rs. 1,40,840/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.4,85,520/-. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 of 2025 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,44,680/- to Rs.4,85,520/- and the Insurance Company 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) Respondent No.2/Insurance Company shall pay the compensation. iii) Respondent No.2/Insurance Company 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. iv) 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. v) On 23.09.2025, the delay of 286 days is condoned on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. - 8 - HC-KAR NC: 2025:KHC:43928 MFA No. 5313 of 2025 vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI BN List No.: 2 Sl No.: 23