- 1 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6748 OF 2024 (MV-I) BETWEEN: AFSAR PASHA @ AFSAR AHAMED S/O LATE ABDUL BASHIR SAB @ BASHIR SAB AGED ABOUT 42 YEARS, NO. 1355, MURTHYHAL, K.M.ROAD, SUBASH NAGARA, KADUR TOWN, CHIKKAMAGALURU-577 548 PRESENTLY RESIDING AT C/O SAYED MUNAF, 2ND CROSS, KALYADI SAHEBARA VATARA, PENSION MOHALLA, HASSAN DISTRICT-573 201 …APPELLANT (BY SRI. SANDHYA D., ADVOCATE) AND: 1. JASWANTH S/O DHARMA NAIK, AGED MAJOR. RESIDENT OF GIRIJANAASHRAMA SCHOOL, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 SARASWATHIPURAM AT AND POST, KADUR TOWN CHIKKAMAGALURU-577 548 2. THE MANAGER THE NATIONAL INSURANCE COMPANY LTD., YESHORAM CHAMBERS, 2ND FLOOR, RATNAGIRI ROAD, P.B.NO. 179, CHIKKAMAGALURU REPRESENTED BY THE MANAGER 3. THE NATIONAL INSURANCE CO. LTD. SRI MANJUNATHESHWARA COMPLEX, OLD BUS STAND ROAD, HASSAN-573 201 …RESPONDENTS (BY SRI.ASHOK N. PATIL, ADVOCATE FOR R2 V/O/D 27/10/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.02.2024 PASSED IN MVC NO.92/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, KADUR, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.92/2017 dated 13.02.2024 by the Senior Civil Judge and MACT, Kadur, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. On 12.05.2016 at about 10.00 p.m. the claimant after finishing his mechanic work was going on the left side of the road, at that time the rider of the motorbike rode in a rash and negligent manner and dashed to the appellant due to which the appellant sustained grievous injuries. 3. The tribunal has granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Suffering : Rs. 40,000/- 2. Medical Expenses : Rs. 51,555/- 3. Nutrition and Attendant charges : Rs. 5,000/- - 4 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 4. Towards Transportation : Rs. 5,000/- 5. Loss of earning during laid up period : Rs. 28,500/- 6. Loss future earning : Rs. 1,19,700/- 7. Future medical expenses : Rs. 40,000/- 8. Loss of amenities : Rs. 30,000/- TOTAL : Rs. 3,19,755/- 4.Learned counsel appearing for the claimant submits that tribunal on all the counts has not granted a reasonable compensation and needs to be enhanced. 5.Learned counsel appearing for the respondent/ insurance company submits that the tribunal has granted just and reasonable compensation and no enhancement is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the two grievous injuries that were sustained, under the head of pain and suffering this court is granting an amount of Rs.50,000/. Towards medical expenses, the Tribunal had already considered and granted an amount of Rs.15,555/- and no enhancement is called for. The claimant was in hospital for 5 days and the Tribunal had already granted Rs.10,000/- and no - 5 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 enhancement is called for. Even under the head of loss of earning during the laid up period also, the tribunal had granted a reasonable amount and towards loss of future earnings, loss of amenities, future medical expenses, the tribunal had rightly granted a reasonable amount and no enhancement is called for. 7. 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. 8.The claimant is entitled for compensation for an amount of Rs.3,39,755/- under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering : Rs. 40,000/- 50,000/- 2. Medical Expenses : Rs. 51,555/- 51,555/- 3. Nutrition and Attendant charges : Rs. 5,000/- 5,000/- 4. Towards Transportation : Rs. 5,000/- 5,000/- 5. Loss of earning during laid up period : Rs. 28,500/- 28,500/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 6. Loss future earning : Rs. 1,19,700/- 1,19,700/- 7. Future medical expenses : Rs. 40,000/- 40,000/- 8. Loss of amenities : Rs. 30,000/- 30,000/- 9. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 3,19,755/- 3,39,755/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,19,755/- to Rs.3,39,755/- ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. 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 such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. - 7 - HC-KAR NC: 2025:KHC:43555 MFA No. 6748 of 2024 v. The delay of 141 days is condoned on condition and the claimant is not entitled for interest for the delay period. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 4 Sl No.: 88