- 1 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4553 OF 2024 (MV-I) BETWEEN: SIRAJA S/O SADIQ SAB @ SADIQ BASHA, AGE 21 YEARS, MANSON WORK, R/O MATTIGETTAHALLI VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT. NOW R/O BANASHANKARI LAYOUT, BEHIND BASAVESHWARA HOSPITAL, CHITRADURGA 577 501. …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. H G THIPPESWAMY S/O GURUSIDDAPPA, AGE MAJOR, OWNER OF TRACTOR TRAILER, BEARING NO. KA-17/TC-8836, R/O BIDARAKERE VILLAGE AND POST, JAGALUR TALUK, DAVANAGERE, DISTRICT 577 528. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., 34/03, 1ST FLOOR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 AKKAMMAHADEVI ROAD, P J EXTENSION, DAVANAGERE - 577 002. …RESPONDENTS (BY SRI.S.V. HEGDE MULKHAND, ADVOCATE FOR R2 NOTICE TO R1 IS D/W V/O DT.10/09/2025) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.10.2023 PASSED IN MVC NO.219/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC No.219/2022 dated 03.10.2023 by the II Addl. Senior Civil Judge and Addl. MACT-V, Chitradurga, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: Sl. No. Heads Amount Rs. 1. Towards pain and sufferings 30,000/- 2. Towards Conveyance, attendant charges and 10,000/- - 3 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 nourishing food 3. Loss of discomfort and amenities 10,000/- 4. Loss of income during laid down period 15,000/- 5. Medical bills 28,000/- 6. Permanent Disability 3,24,000/- Total 4,17,000/- 3. The learned Counsel appearing for the appellant/ claimant submits that when the claimant had sustained three grievous injuries, the Tribunal had granted only an amount of Rs.30,000/- towards Pain and Suffering. He was in the hospital for 17 days, but the Tribunal had granted only an amount of Rs.10,000/- towards conveyance, attendant charges and nourishment food, which is on the lower side. 4. Further, for the Loss of income during the laid-up period, the Tribunal has considered only for one month. It is submitted that the Tribunal had taken the disability at 32.56% to the right lower limb. Particularly considering the fact that the claimant is aged about 19 years, it would have a lot of impact on his future life. The Tribunal had failed to consider the same - 4 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 and had taken 10% as disability to the whole body. The Tribunal ought to have taken the disability at 15% and for the Loss of Amenities also, the amount of Rs.10,000/- that is awarded by the Tribunal is not reasonable. 5. Learned counsel appearing for the respondent/ Insurance Company submits that the Tribunal has granted a just and reasonable compensation and no grounds are made out seeking enhancement of the compensation. 6. Having heard the learned Counsel on either side, perused the entire material on record. The claimant had sustained three fracture injuries and hence, under the head of 'Pain and Suffering', this Court is granting an amount of Rs.60,000/-. As he was in the hospital for 17 days, hence, under the head incidental expenses this Court is granting an amount of Rs.17,000/-. 7. Coming to the 'Loss of Income during laid up period' considering the fact that the claimant was in-patient for 17 days, this Court is considering for four months. Hence, under the said head, this Court is granting an amount of (Rs.15,000 x 4) Rs.60,000/-. Towards the medical bills, the - 5 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 Tribunal has rightly granted the amount and no interference is called for. Then coming to the 'Loss of future income', the claimant was aged about 19 years when accident occured limb disability is assessed at 32.56%. The Tribunal had taken 1/3rd which comes to 10.85%. This Court is rounding off the same to 11%. The claimant is entitled to an amount of Rs.3,56,400/- (Rs.15,000 x 12 x '18' x 11 / 100). Under the head of 'Loss of Amenities', considering the age of the claimant i.e. 19 years, this Court is granting an amount of Rs.40,000/-. 8. 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'. 9. 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. Towards Pain and sufferings : Rs. 30,000/- 60,000/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 2. Towards Conveyance Attendant charges and nourishing food : Rs. 10,000/- 00/- 3. Loss of discomfort and amenities : Rs. 10,000/- 40,000/- 4. Loss of income during laid up period : Rs. 15,000/- 60,000/- 5. Medical bills : Rs. 28,000/- 28,000/- 6. Loss of future income : Rs. 3,24,000/- 3,56,400/- 7. Incidental expenses : Rs. 00/- 17,000/- 8. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 4,17,000/- 5,71,400/- Enhancement Rs. 1,54,400/- 10. Altogether the claimant is entitled for compensation of an amount of Rs.5,71,400/-. 11. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,17,000/- to an amount of Rs.5,71,400/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realisation. ii) The respondent/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On - 7 - HC-KAR NC: 2025:KHC:45120 MFA No. 4553 of 2024 such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii) On 10.09.2025, the delay of 162 days was condoned by this Court, 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. v) 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. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE JT/- CT:JL