- 1 - HC-KAR NC: 2026:KHC:22735 MFA No. 8185 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8185 OF 2014 (MV-I) BETWEEN: VENKATESH S/O NAGARAJU @ NAGARAJSHETTY, AGED ABOUT 23 YEARS, BUSINESSMAN, R/O MARKET ROAD, JAVAGAL, ARASIKERE TALUK, HASSAN DISTRICT. NOW C/O CHELUVE SHETTY, K B HAL VILLAGE AND POST, LAKYA HOBLI, CHIKMAGALUR TALUK, CHIKMAGALUR DISTRICT-577 101. …APPELLANT (BY SRI. GIRISH B BALADARE .,ADVOCATE) AND: 1. THE BRANCH MANAGER UNIVERSAL SAMPO GENERAL INSURANCE CO., LTD., 201-208, CRYSTAL PLAZA, INFINITI MALL, LINK ROAD ANDHERI(WEST), MUMBAI-400 058. 2. J D KISHORE S/O J G DHARMARAJU, AGED ABOUT 24 YEARS, R/O MARKET ROAD, JAVAGAL, ARSIKERE TALUK, HASSAN DISTRICT-573 201. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22735 MFA No. 8185 of 2014 3. J G DHARMARAJU, S/O GURUPADA SHETTY, AGED ABOUT 49 YEARS, CLOTH MERCHANT, R/O MARKET ROAD,JAVAGAL, ARSIKERE TALUK, HASSAN DISTRICT-573 201. 4. S JAGADISH, S/O R D S SOMEGOWDA, AGED ABOUT 30 YEARS, R/O NO.104, BEHIND RAMAMANDIRA TEMPLE ROAD, RAJAGHATTA, HASSAN-573 201. 5. S HEMESH, S/O R D S SOMEGOWDA, AGED ABOUT 40 YEARS, R/O NO.104, BEHIND RAMAMANDIRA TEMPLE ROAD, RAJAGHATTA, HASSAN-573 201. 6. THE BRANCH MANAGER, NATIONAL INSURANCE CO., LTD., BRANCH OFFICE, HASSAN-573 201. …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI.,ADVOCATE FOR R1; NOTICE TO R2 TO R6 ARE DISPENSED WITH V.C.O DATED 14.12.2016) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2014 PASSED IN MVC NO.88/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE & MEMBER MACT, AT CHICKMAGALUR, 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: 2026:KHC:22735 MFA No. 8185 of 2014 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.88/2012 dated 02.08.2014 passed by the I Addl. District Judge & MACT Chikamagalur, 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. 45,000/- 2. Towards medical expenses, special diet and attendant charges Rs.3,55,860/- 3. Loss of Income during the laid up period Rs.40,000/- 4. Loss of future medical expenses Rs.30,000/ - Total Rs.4,70,860/- 3. Learned counsel appearing for the claimant submits that the claimant had sustained head injury, under the head of pain and suffering the amount that is awarded by the tribunal is not just and reasonable. Though he has spent an amount of Rs.6,11,054/- towards medical expenses, Tribunal had granted only Rs.3,55,860/-. It is submitted that he was in hospital for 147 days towards incidental expenses, though in the order it is - 4 - HC-KAR NC: 2026:KHC:22735 MFA No. 8185 of 2014 mentioned as Rs.15,000/-, it is not forthcoming in the table. It is submitted that for 147 days of hospitalisation, the petitioner has to be compensated for the same. Coming to the loss of income during the laid up period, Tribunal has granted an amount of Rs. 40,000/- but it is submitted that the claimant was in hospital for 8 months. Then coming to the future medical expenses, the doctor has given the evidence that it requires Rs.1.00 lakh to Rs.1.5 lakh for the future medical expenses and reasonable compensation was not granted under the head of loss of amenities, the Tribunal has not granted any compensation. It is submitted that on all the accounts the compensation needs to be enhanced. 4. Learned counsel appearing for the respondent/insurance company submits that the Tribunal had rightly considered and granted compensation and there are no grounds to interfere. 5. Having heard the learned counsel’s on either side, perused the entire material on record. There is no dispute about the fact the petitioner has sustained a head injury and he was in hospital for 147 days. Considering the same under the - 5 - HC-KAR NC: 2026:KHC:22735 MFA No. 8185 of 2014 head of pain and suffering this Court is granting an amount of Rs.75,000/-. Towards Incidental expenses for 147 days of hospitalization this Court is granting an amount of Rs.1,47,000/-. Coming to the medical expenses this Court has perused the order passed by the Tribunal has find fault with certain inpatient vourchers and deposit receipts are included in the final bill. This court has perused the bills that are placed by the claimant and after deducting the amounts in respect of the repeated bills, this court is granting an amount of Rs.5,04,000/- towards medical expenses. Coming to the loss of income during the laid up period, this Court is inclined to consider eight months for the same this court is granting an amount of Rs.52,000/- (Rs.6,500/- x8). Coming to the loss of amenities, this court is granting an amount of Rs.30,000/-. Towards future medical expenses, this court is of the view that the amount that is mentioned by the doctor is on the higher side and this court is granting an amount of Rs.50,000/-. 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 - 6 - HC-KAR NC: 2026:KHC:22735 MFA No. 8185 of 2014 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. 45,000/- 75,000/- 2. Towards medical expenses, special diet and attendant charges Rs. 3,55,860/- 5,04,000/- 3. Loss of Income during the laid up period Rs. 40,000/- 52,000/- 4. Loss of future medical expenses Rs. 30,000/ - 50,000/- 5. Loss of Amenities Rs. 00/- 30,000/- 6. Incidental Expenses Rs. 00/- 1,47,000/- 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 4,70,860/- 8,68,000/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.8,68,000/-. i. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,70,860/- to Rs.8,68,000/-. 1(2014) 11 SCC 178 - 7 - HC-KAR NC: 2026:KHC:22735 MFA No. 8185 of 2014 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.: 11