- 1 - HC-KAR NC: 2026:KHC:21337 MFA No. 6208 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. 6208 OF 2013 (MV-I) BETWEEN: SRI G.THIMMAREDDY AGED ABOUT 54 YEARS, S/O LATE GULEGENAREDDY, RESIDING AT THADANGIPALLI VILLAGE, RODDAM MANDAL, A.P. STATE NOW R/A THAPAGANDODDI VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-561 202 …APPELLANT (BY SRI. MUSHTAQ AHMED, ADVOCATE) AND: 1. R.PREMA AGED ABOUT 44 YEARS, W/O MALLIKARJUNA, R/A BURJANE, HATTI, CHITRADURGA 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, B.H. ROAD, TUMKUR TOWN, REP. BY ITS MANAGER …RESPONDENTS (BY SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O/D: 05/02/2019) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21337 MFA No. 6208 of 2013 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.02.2013 PASSED IN MVC NO.94/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITINERARY COURT AT PAVAGADA, AND MACT-XX, 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.94/2009 dated 15.02.2013 passed by the Prl. Senior Civil Judge and JMFC Madhugiri, 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 Compensation Awarded 1. Pain and suffering Rs. 30,000/- 2. Towards medical expenses Rs.60,275/- 3. Loss of amenities Rs.10,000/- 4. Loss of future earnings and disability Rs.30,000/ - 5. Loss of income during laid up period Rs.18,000/- 6. Food, accommodation and attendants charges Rs.10,000/- - 3 - HC-KAR NC: 2026:KHC:21337 MFA No. 6208 of 2013 7. Future medical expenses Rs.10,000/- TOTAL RS.1,68,275/- 3. Learned counsel appearing for the claimant submits that the claimant has sustained two fractures and the Tribunal has granted only Rs.30,000/-. When it comes to the loss of amenities and when the doctor has deposed that he has sustained 35% disability to the limb, the Tribunal has not considered the same and granted the lump sum amount of Rs.30,000/-. It is submitted that on all the counts the compensation that is awarded is not a reasonable compensation. 4. Learned counsel appearing for the insurance company submits that the Tribunal has granted a just and reasonable compensation and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the two fracture injuries sustained by the claimant under the head of pain and suffering this Court is granting an amount of Rs.60,000/. Toward medical expenses the Tribunal has granted an amount of Rs.60,275/- and this Court finds no - 4 - HC-KAR NC: 2026:KHC:21337 MFA No. 6208 of 2013 reason to interfere with the same. Towards incidental expenses as he was in hospital for 16 days this Court is granting an amount of Rs.16,000/-. Then coming to the loss of future income is concerned when the doctor has deposed that he has sustained 35% disability to the limb, Tribunal ought to have considered 1/3rdof it. However considering the evidence this Court is taking the disability at 10% and this accident has taken place in the year 2008. Hence the Court is taking income as Rs.5,000/-. Hence, towards loss of future income this Court is granting an amount of Rs.78,000/-. (5,000/- x12x13x10/100). Coming to the loss of income during the laid up period for 4 months this Court is granting an amount of Rs.20,000/-. Towards future medical expenses the Tribunal has granted an amount of Rs.10,000/- no interference is called for. Towards loss of amenities this Court is granting an amount of Rs.20,000/. 6. In the light of the law laid down by the Hon’ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 5 - HC-KAR NC: 2026:KHC:21337 MFA No. 6208 of 2013 Another1 , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 30,000/- 60,000/- 2. Towards medical expenses Rs. 60,275/- 60,275/- 3. Loss of amenities Rs. 10,000/- 20,000/- 4. Loss of future earnings and disability Rs. 30,000/ - 78,000/- 5. Loss of income during laid up period Rs. 18,000/- 20,000/- 6. Food, accommodation and attendants charges Rs. 10,000/- 16,000/- 7. Future medical expenses Rs. 10,000/- 10,000/- 8. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 1,68,275/- 2,74,275/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.2,74,275/-. i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation 1(2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC:21337 MFA No. 6208 of 2013 from an amount of Rs.1,68,275/- to Rs.2,74,275/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The respondent No.1-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. 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.: 2 Sl No.: 22