- 1 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 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. 5312 OF 2024 (MV-I) BETWEEN: R.VENKATESH S/O RAJANNA C., AGED 24 YEARS MASON WORK R/O THIMMENAHALLI VILLAGE CHALLAKERE TALUK CHITRADURGA DISTRICT-577 536 …APPELLANT (BY SRI. R.SHASHIDHARA, ADVOCATE) AND: 1. A.C.THIPPESWAMY S/O A.CHANDRANNA AGE MAJOR OWNER OF JCB TEMPORARY BEARING NO.KA-2021/TR-1243S CHASSIS NO.HAR3DDXSSJ02984676 ENGINE NO.HOO295014 R/O GUJJUGANAHALLI VILLAGE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 of 2024 CHALLAKERE TALUK CHITRADURGA DISTRICT-577 536 2. THE BRANCH MANAGER HDFC ERGO GENERAL INSURNACE COMPANY LTD., 1ST FLOOR, VIRUPAKSH NILAYA OPP. ROAD VIDYANAGARA HUBLI-580 021 …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R2 V/O/D: 07/08/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2023 PASSED IN MVC NO. 88/2022 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 - 3 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.88/2022 dated 04.12.2023 by II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injury sustained in the road traffic accident. It is the case of the claimant that on 22.03.2021 the claimant went to Palanayakana Kote village on his motor bike. While returning from the said village near Nirehalli Village a JCB driver drove it from front side of the said bike in a high speed in a rash and negligent manner and dashed the claimant’s motor cycle. Due to the said impact the claimant sustained grievous injuries. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Suffering : Rs. 30,000/- 2. Towards conveyance, Attendant charges, food and Nourishment : Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 of 2024 3. Loss of discomfort and amenities : Rs. 10,000/- 4. Towards loss of income during laid down period : Rs. 15,000/- 5. Towards loss of future income : Rs. 2,26,800/- TOTAL : Rs. 2,91,800/- 4. Learned counsel appearing for the claimant submits that he had sustained three injuries and the Tribunal had granted only an amount of Rs.30,000/- under the head of pain and suffering and he was in hospital for 14 days and the Tribunal had granted only an amount of Rs.10,000/-. Towards loss of amenities, loss of income during laid up period the amount that is awarded by the Tribunal is not reasonable. It is submitted that even under the head of permanent disability also the amount needs to be enhanced. 5. Learned counsel appearing for the insurance company submits that the tribunal had rightly granted the compensation, particularly under the head of loss of future earning, the Tribunal rightly considered and taken 7% as disability, the doctor had stated that there is 19.4% is disability. It is submitted that there are no grounds to interfere. - 5 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 of 2024 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the three fracture injuries, this court is granting an amount of Rs.60,000/- under the head of pain and suffering. Towards incidental expenses as he was there in hospital for 14 days an amount of Rs.14,000/- is granted by this Court. Towards loss of income during laid up period for three months( 15×3 ) Rs.45,000/- is granted. Towards loss of future income, the Tribunal has rightly considered and granted an amount of Rs.2,26,800/- and this court finds no reasons to interfere. Towards loss of amenities, considering the disability of 7%, this court is granting an amount of Rs.20,000/-. 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.3,75,800/- under the following heads: 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 of 2024 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering : Rs. 30,000/- 60,000/- 2. Towards conveyance, Attendant charges, food and Nourishment : Rs. 10,000/- 14,000/- 3. Loss of discomfort and amenities : Rs. 10,000/- 20,000/- 4. Towards loss of income during laid down period : Rs. 15,000/- 45,000/- 5. Towards loss of future income : Rs. 2,26,800/- 2,26,800/- 6. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,91,800/- 3,75,800/- i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,91,800/- to Rs.3,75,800/- 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. - 7 - HC-KAR NC: 2025:KHC:41190 MFA No. 5312 of 2024 iv. The 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 without furnishing any security. v. The delay of 137 days is condoned as per the order dated 07.08.2025 and the claimant is not entitled for interest during the delay period. vi. 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. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 62