- 1 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4072 OF 2013 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2215 OF 2013 IN MFA No. 4072/2013 BETWEEN: M/S SRIRAM GENERAL INSURANCE CO. LTD., S-5, II FLOOR, WHITE HOUSE ST. MARKS ROAD, BANGALORE -560 001 …APPELLANT (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE) AND: 1. SRI C.RAMAKRISHNA S/O SRI.CHANNAVEERAOPPA AGED ABOUT 31 YEARS R/AT NO.16TH CROSS, 3RD MAIN NGR LAYOUT, ROOPENA AGRAHARA BOMMANAHALLI BANGALORE -560 068 2. THE MANAGER MEDICINE HOUSE, NO.727, BINNAMANGALA LAYOUT 1ST STAGE, INDIRANAGAR Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 BANGALORE- 560 005 …RESPONDENTS (BY SRI.GIRIMALLAIAH, ADVOCATE FOR R1 NOTICE TO R2 IS HELD SUFFICIENT V/O/D:09/03/2026) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:5.12.2012 PASSED IN MVC NO.6754/2010 ON THE FILE OF THE 10TH ADDITIONAL SMALL CAUSES JUDGE, 35TH ACMM, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.1,63,257/-WITH THE INTEREST @ 8% P.A ON 1,53,257/- FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 2215/2013 BETWEEN: SRI C.RAMAKRISHNA AGED ABOUT 31 YEARS, S/O SRI.CHANNAVEERAPPA, R/O 16TH CROSS, 3RD MAIN, NGR LAYOUT, ROOPENA AGRAHARA, BOMMANAHALLI, BENGALURU-560 068 ...APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. SHRIRAM GENERAL INSURANCE CO. LTD., S-5, II FLOOR, WHITE HOUSE, ST.MARKS ROAD, BENGALURU-560 001 BY ITS MANAGER - 3 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 2. THE MANAGER MEDICINE HOUSE, NO.727, BINNAMANGALA LAYOUT, 1 STATE, INDIRANAGAR, BENGALURU-560 038. ...RESPONDENTS (BY SRI B.C.SHIVANNE GOWDA, ADVOCATE FOR R1 R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.12.2012 PASSED IN MVC NO.6754/2010 ON THE FILE OF THE X ADDITIONAL SMALL CAUSE JUDGE, AND 35TH ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, 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.6754/2010 dated 05.12.2012 by the X Additional Senior Civil Judge & 35th ACMM and MACT, at Bangalore, both the Insurance Company as well as the claimant is before this Court. Insurance Company's appeal is MFA.No.4072/2013 and the claimant's appeal is MFA.No.2215/2013. - 4 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 2. The claim petition was filed seeking compensation of an amount of Rs.6,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 20.09.2010 at about 10.15 p.m., the claimant was crossing the road and at that time, one TVS XL-Super bearing registration No.KA-03-EW-1912 came at high speed and in a rash and negligent manner and dashed against the claimant due to which, the claimant was thrown on the road and sustained severe injuries. Immediately, he was taken to the hospital. The Police have registered the case against the rider of the said TVS XL-Super and charge sheet was filed. 3. The Tribunal had held that the accident had taken place because of the rash and negligent driving of the rider of the vehicle and granted the compensation of an amount of Rs.1,63,257/- as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of future income : Rs. 61,200/- 2. Pain and suffering : Rs. 20,000/- 3. Loss of amenities in life : Rs. 20,000/- 4. Medical expenses : Rs. 13,057/- - 5 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 5. Disfigurement : Rs. 5,000/- 6. Permanent disability : Rs. 5,000/- 7. Attendant charges, food and nourishment and conveyance charges : Rs. 14,000/- 8. Loss of income during laid up period : Rs. 15,000/- 9. Future medical expenses : Rs. 10,000/- TOTAL : Rs. 1,63,257/- 4. Learned counsel appearing for the Insurance Company submits that the vehicle is not involved in the accident. In fact, there is discrepancy in the medical records, wherein some place, it is mentioned as Scorpio and somewhere it is mentioned as two wheeler. It is submitted that the involvement of the vehicle itself is doubtful. Further, the Tribunal had granted compensation on the higher side and the interest is granted at 8% p.a. which needs to be reduced. 5. Learned counsel appearing for the claimant submits that the Insurance Company has filed their objections where they have categorically stated about how the vehicle was going on the road and how the rider of the vehicle was driving the vehicle by following the rules and regulations and it is the - 6 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 mistake of the claimant because the accident had happened. In those circumstances, they cannot raise this plea. When it comes to the compensation, it is submitted that the Tribunal ought to have taken the income of the claimant at Rs.5,500/- per month and further, as per the doctor, the claimant had sustained 18% disability to the whole body and the Tribunal had taken the disability at 6% which is on the lower side. It is submitted that on all other counts also, the compensation needs to be enhanced. 6. Having heard the learned counsels on either side, perused the entire material on record. First, coming to the issue of liability, as rightly submitted by the learned counsel for the claimant, the accident had taken place in the night and the complaint was registered in the early morning. In the complaint, the description of the two wheeler is found. Just because, there is some correction in the medical records and it is mentioned as Scorpio, that itself cannot be the ground for this Court to come to the conclusion that the vehicle is not involved. Further, in the light of the objections that are filed by the Insurance Company, it cannot be said that the vehicle is - 7 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 not at all involved in the accident. In that view of the matter, this Court do not find any grounds in the appeal filed by the Insurance Company. But as far as the interest is concerned, the Tribunal ought to have granted the interest at 6%. 7. Coming to the appeal of the claimant, considering the fracture injury, this Court is granting an amount of Rs.40,000/- towards pain and suffering. Towards incidental expenses, the Tribunal had already granted an amount of Rs.14,000/- and this Court is not interfering. Coming to the loss of income during the laid up period, as the accident had occurred in the year 2010, this Court is taking the income at Rs.5,500/-. Hence, towards loss of income during the laid up period, for three months, this Court is granting an amount of Rs.16,500/- (Rs.5,500x3). Coming to the loss of future income, the doctor had assessed the whole body disability without assessing the limb disability. Considering the evidence and the other aspects, this Court is inclined to take the disability at 10%. Hence, towards loss of future income, this Court is granting Rs.1,12,200/- (Rs.5,500x12x17x10/100). Towards loss of amenities, medical expenses and towards - 8 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 future medical expenses, the Tribunal had rightly granted an amount of Rs.20,000/-, Rs.13,057/- and Rs.10,000/- respectively and no interference is called for. The Tribunal had granted an amount of Rs.5,000/- towards disfigurement and an amount of Rs.5,000/- towards permanent disability which the claimant is not entitled. 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 for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income : Rs. 61,200/- 1,12,200/- 2. Pain and suffering : Rs. 20,000/- 40,000/- 3. Loss of amenities in life : Rs. 20,000/- 20,000/- 4. Medical expenses : Rs. 13,057/- 13,057/- 5. Disfigurement : Rs. 5,000/- 00/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 6. Permanent disability : Rs. 5,000/- 00/- 7. Attendant charges, food and nourishment and conveyance charges : Rs. 14,000/- 14,000/- 8. Loss of income during laid up period : Rs. 15,000/- 16,500/- 9. Future medical expenses : Rs. 10,000/- 10,000/- 10. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,63,257/- 2,35,757/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.2,35,757/-. 11. Accordingly, MFA.No.2215/2013 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,63,257/- to Rs.2,35,757/-. 12. MFA.No.4072/2013 is partly allowed by reducing the interest from 8% p.a. to 6% p.a. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be transferred to the Tribunal. - 10 - HC-KAR NC: 2026:KHC:21350 MFA No. 4072 of 2013 C/W MFA No. 2215 of 2013 iii. The 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. 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 MEG List No.: 2 Sl No.: 18