- 1 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7535 OF 2017 (MV-I) BETWEEN: SRI ARUN KUMAR S/O. VEERANNA H., AGED ABOUT 31 YEARS R/AT NO. 3494, 1ST FLOOR, 6TH CROSS, GAYATHRINAGAR, BENGLAURU - 560 029 ALSO AT NO.55, UDUVALLI VADDARAHALLI, HIRIYURU TALUK CHITRADURGA DISTRICT - 572 143 …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. SBI GENERAL INSURANCE CO LTD NO. 3/1, RUKMINI TOWER, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 PLATFORM ROAD, SHESHADRIPURAM, BENGLAURU - 560 020. REP. BY ITS MANAGAER 2. EITA INDIA LTD PLOT NO. 11, SECTOR 24, FARIDABAD, FARIDABAD NIT POST OFFICE, FARIDABAD - 121 001 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1 VIDE ORDER DATED 03.07.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2016 PASSED IN MVC NO.1126/2016 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 ORAL JUDGMENT Aggrieved by the award passed in MVC No.1126/2016 dated 27.01.2016 by the XIX Additional Small Causes Judge and MACT, Bengaluru, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Towards pain and suffering : Rs. 75,000 2. Towards attendant charges, extra food and conveyance expenses : Rs. 16,000 3. Towards medical expenses : Rs. 5,69,041 4. Loss of income during laid up period : Rs. 24,000 5. Loss of future income due to permanent disability : Rs. 3,06,000 6. Loss of future amenities and happiness : Rs. 30,000 7. Towards future medical expenses : Rs. 20,000 TOTAL : Rs. 10,40,041 - 4 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 3. The learned counsel appearing for the claimant submits that the claimant had sustained as many as six grievous injuries and also including head injury and that the Court had granted only Rs.75,000/- towards pain and suffering. Coming to the loss of income, it is submitted that the Court had taken the monthly income at only 6,000/-. The Court ought to have taken 8,500/- per month as the income. It is further submitted that when the Doctor has assessed the disability at 33% to the whole body, the Court had taken it at only 25%. Further, under the head of loss of amenities, the compensation that is awarded is not just and reasonable. Therefore, it is submitted that the compensation needs to be enhanced. 4. The learned counsel appearing for the respondent Insurance Company submits that the Tribunal has rightly considered the disability at 25%. The doctor has assessed disability with respect to a part of the shoulder affecting the left hand and therefore, the Court had rightly taken the disability at 25% and no interference is called for. It is further submitted that, according to the claimant himself, his income is Rs.7,790/- per month and therefore, the question of taking - 5 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 Rs.8,500/- does not arise. It is submitted that, on all counts, the compensation that is awarded is just and reasonable. 5. Having heard the learned counsel on either side, perused the material on record. 6. Considering the injuries that are sustained by the claimant, under the head of the 'pain and suffering', this Court is granting an amount of Rs.85,000/-. With regard to incidental expenses and medical expenses, the Court had rightly granted the same and no interference is called for. Coming to the 'loss of income during the laid-up period', though the Chart indicates Rs.8,500/- as the notional income, according to the claimant himself he was earning Rs.7,790/- per month. Hence, this Court taking the income at Rs.7,790/- per month. For the laid-up period of four months, the loss of income would be Rs.7,790 × 4 = Rs.31,160/. Coming to the loss of future income, as rightly argued by the learned counsel appearing for the Insurance Company, the Tribunal had rightly taken the disability at 25%, since the manner in which the disability was assessed by the Doctor is not correct. Considering the income of the claimant at Rs.7,790/- per - 6 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 month and considering the age of the claimant, 40% future prospects will come to Rs.3,116/-. Then the income will come to Rs.10,906/-. Accordingly, towards 'loss of future income', this Court is granting an amount of Rs.5,56,206/- (Rs.10,906 × 12 × 17 × 25/100). Towards 'loss of amenities' considering the 25% disability, this Court is granting an amount of Rs.55,000/-. Towards future medical expenses, the Tribunal had rightly granted an amount of Rs.20,000/- and no interference 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 therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded Compensation Awarded 1. Towards pain and suffering : Rs. 75,000 85,000 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 2. Towards attendant charges, extra food and conveyance expenses : Rs. 16,000 16,000 3. Towards medical expenses : Rs. 5,69,041 5,69,041 4. Loss of income during laid up period : Rs. 24,000 31,160 5. Loss of future income due to permanent disability 10,906 x 12 x17 x 25/100 : Rs. 3,06,000 5,56,206 6. Loss of future amenities and happiness : Rs. 30,000 55,000 7. Towards future medical expenses : Rs. 20,000 20,000 8. Legal expenses : Rs. - 10,000 TOTAL : Rs. 10,40,041 13,42,407 9. Altogether, the claimant is entitled for compensation of an amount of Rs.13,42,407 /-. 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.10,40,041 to Rs.13,42,407/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 8 - HC-KAR NC: 2026:KHC:17523 MFA No. 7535 of 2017 ii) 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. iii) 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. iv) No costs. v) Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6