- 1 - HC-KAR NC: 2025:KHC:41192 MFA No. 4985 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4985 OF 2024 (MV-I) BETWEEN: THE MANAGER CHOLAMANDALAM MS GIC LTD., NO. 230, 12TH MAIN ROAD, 5TH CROSS, SARASWATHIPURAM, MYSURU – 570 009 NOW REP. BY ITS THE MANAGER CHOLAMANDALAM MS GIC LTD., UNIT NO. 4, 9TH FLOOR, LEVEL -06, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGAR, BANGALORE - 560 010 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SMT.NIRMALA W/O LATE MARISWAMY, AGED ABOUT 48 YEARS, R/O NO. 309, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41192 MFA No. 4985 of 2024 MARATIKYATHANAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU 2. NANJUNDASWAMY S/O KENDAIAH, R/O NO. 1239, 6TH CROSS, C BLOCK, MAHADEVAPURA, SRIRAMPURA, MYSURU CITY – 570 008 …RESPONDENTS (R1 IS SERVED V/O/D 30/08/2025- NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2023 PASSED IN MVC NO. 523/2021 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, AWARDING COMPENSATION OF RS. 10,29,000/- IN ALL WITH INTEREST AT THE RATE OF 6 PERCENT P.A. FROM THE DATE OF ORDER TILL 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:41192 MFA No. 4985 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.523/2021 dated 06.11.2023 passed by Principal Judge, Court of Small Causes and M.A.C.T., Mysuru, whereby the Tribunal had granted an amount of Rs.10,28,921/- as compensation, the Insurance Company is before this Court. 2. The claim petition is filed seeking compensation of an amount of Rs.10,10,000/- for the injuries sustained by the claimant. On 13.12.2020 at about 7:00 p.m., the respondent herein was going in passenger auto rickshaw as a passenger from Ayurveda Circle towards RMC side and driver of the auto rickshaw was driving the same at moderate speed by observing traffic rules on left side of the road and when they were proceeding on Sayyajirao road near Sathyanarayan Swamy Temple, the driver of the goods vehicle drove the same at high speed in a rash and negligent manner, came from opposite direction and dashed against the auto rickshaw, consequent to which auto rickshaw turned turtle and the respondent who was inmate of the auto rickshaw and also driver sustained grievous injuries and the tribunal had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:41192 MFA No. 4985 of 2024 SL. No. Heads Compensation Awarded 1. Pain, agony & suffering : Rs. 30,000/- 2. Loss of amenities & happiness and inconvenience : Rs. 10,000/- 3. Medical Expenses & hospital charges : Rs. 3,84,421/- 4. Loss of earning during laid up period : Rs. 29,000/- 5. Towards attendant, food, nourishment, and other sundry expense : Rs. 10,000/- 6. Loss of future earnings : Rs. 5,65,500/- TOTAL : Rs. 10,28,921/- 3. Learned counsel appearing for the Insurance Company submits that as far as loss of future earning is concerned, that is where the insurance company is aggrieved. It is submitted that for disability of 19%, the Tribunal has taken 25% for the prospectus and ought not to have taken the same. 4. Though notice is served on the respondent, no Vakalath is filed on their behalf. 5. Having heard the learned counsels for the appellant, perused the entire material on record. Though there is no - 5 - HC-KAR NC: 2025:KHC:41192 MFA No. 4985 of 2024 appeal filed by the respondent/claimant as this court is revisiting the compensation. Considering the four fracture injuries sustained by the claimant, under the head of pain and suffering, this court is granting an amount of Rs.70,000/-. Towards medical expenses the tribunal has rightly granted an amount of Rs.3,84,421/- and no interference is called for. Towards the incidental expenses, considering the 11 days of hospitalization an amount of Rs.11,000/- is granted by this Court. Towards loss of amenities, considering the 19% disability this Court is granting an amount of Rs.30,000/. Coming to the loss of future earning as rightly argued by the learned counsel, the tribunal ought not to have granted 25% as future prospects. Towards loss of future earning, this Court is granting an amount of (Rs.14,500/-x12×13×19/100) Rs.4,29,780/-. Towards loss of income during the laid up period, the Tribunal had rightly granted the compensation of an amount of Rs.29,000/- and no interference is called for. 6. The claimant entitled for the compensation for an amount of Rs.9,52,201/- under the following heads: - 6 - HC-KAR NC: 2025:KHC:41192 MFA No. 4985 of 2024 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain & suffering Rs. 30,000/- 70,000/- 2. Loss of amenities & happiness and inconvenience Rs. 10,000/- 30,000/- 3. Medical Expenses & hospital charges Rs. 3,84,421/- 3,84,421/- 4. Loss of earning during laid up period Rs. 29,000/- 29,000/- 5. Towards attendant, food, nourishment, and other sundry expense Rs. 10,000/- 11,000/- 6. Loss of future earnings Rs. 5,65,500/- 4,29,780/- TOTAL Rs. 10,28,921/- 9,54,201/- i. Accordingly, appeal filed by the Insurance company is Partly Allowed by reducing the compensation from an amount of Rs.10,28,921/- to Rs.9,54,201/-. ii. Any excess amount deposited, the insurance company is at liberty to withdraw. - 7 - HC-KAR NC: 2025:KHC:41192 MFA No. 4985 of 2024 iii. The amount in deposit shall be forthwith transferred to the tribunal. 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. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 60