Karnataka High Court
Rajesha vs Kiran G on 6 June, 2025
-1-
NC: 2025:KHC:19438
MFA No. 8103 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 8103 OF 2024 (MV-I)
BETWEEN:
RAJESHA
S/O SOMAPPA
AGED ABOUT 23 YEARS
R/AT NO. 47,
HAROHALLI VILLAGE
JAYAPURA HOBLI,
GUJJEGOWDANAPURA
MYSURU- 570 008
...APPELLANT
(BY SRI. SYED ABDUL SABOOR, ADVOCATE)
AND:
1. KIRAN G.,
S/O GURUSIDDAPPA
AGED ABOUT 39 YEARS
R/AT TNO. 911,
Digitally signed CHATTANAHALLI PALYA
by MEGHA DUDDAGERE POST, VARUNA HOBLI,
MOHAN MYSURU DISTRICT -570 010
Location: HIGH
COURT OF 2. THE MANAGER
KARNATAKA BRANCH OFFICE
SHRIRAM GENERAL INSURNACE CO. LTD.,
NEW KANTHARAJA URS ROAD
OPP. APPOLLO HOSPITAL
KUVEMPUNAGARA
MYSURU -570 023
...RESPONDENTS
(BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R2
V/O/D 22/04/2025- NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2025:KHC:19438
MFA No. 8103 of 2024
HC-KAR
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.09.2024 PASSED IN MVC
NO.457/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF
SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS
CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION. IN TIME. C.F. SUFFICIENT. SRI.S.A. SABOOR,
ADVOCATE FOR APPELLANT.POST MFA BEFORE COURT (SJ) FOR
ADMISSION.SBA 13.12.2024
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the award passed in M.V.C.No.457/2021
dated 03.09.2024 on the file of the Judge, Additional Court of
Small Causes & MACT at Mysuru, whereby the Tribunal had
granted compensation of an amount of Rs.2,95,000/-, the
appellant/claimant is before this Court.
2. It is the case of the claimant that on 01.04.2021 at
about 7:00 a.m., the claimant was travelling as pillion rider in
bike ridden by one Jagadeesha with high speed in rash and
negligent manner, when they reached near ring road,
Koppaluru gate, Mysuru Taluk and District, the rider of the
offending vehicle lost control and caused accident. Due to the
impact, the claimant fell down and sustained injuries to his face
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and other parts of the body. He was shifted to Agasthya
Hospital at Mysuru and treated as inpatient. The doctor had
assessed the permanent physical disability of the claimant at
33% for facio-maxillary injury.
3. The Tribunal had granted compensation as per the
table given below:
SL. Heads Compensation
No. Awarded
1. Loss of Earnings during : Rs. 30,000/-
treatment (laid up period)
2. Damages for pain, suffering : Rs. 1,00,000/-
and Trauma as a consequent
of this injuries
3. Loss of amenities : Rs. 50,000/-
Transportation, Nourishment, :
4. Attendant and Miscellaneous Rs. 35,000/-
Expenditure
Expenses relating to :
5. Treatment Hospitalization Rs. 80,000/-
and Medication
TOTAL : Rs. 2,95,000/-
4. Learned counsel appearing for the appellant/claimant
submits that the compensation that is granted by the Tribunal
under all the heads is not just and reasonable and basing on
the disability, the Tribunal ought to have granted compensation
under the head of loss of future earnings.
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5. Learned counsel appearing for respondent
No.2/Insurance Company submits that facio-maxillary injury
will not have any impact on the loss of future earnings of the
claimant and the Tribunal had granted just and reasonable
compensation.
6. Having heard the learned counsels on either side,
perused the entire material on record. The Tribunal had granted
reasonable amount under the head of Damages for pain,
suffering and Trauma as a consequence of the injuries and
under the head of expenses relating to treatment,
hospitalization and medication. When it comes to the loss of
earnings during treatment period, considering the injury and as
the accident had taken place in the year 2021, taking notional
income of the claimant at Rs.15,000/-, this Court is granting an
amount of Rs.60,000/- under the head of loss of earnings
during the treatment period. As rightly pointed out by the
learned counsel for the Insurance Company, the injury will not
have an impact on the future earnings. But, however, quality of
life will be affected. In that view of the matter, this Court is
granting an amount of Rs.1,00,000/- towards loss of
amenities. The claimant is 23 years old and as the
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disfigurement will have an impact on his marriage prospects,
under the head of marriage prospects, 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 therefore, entitled to compensation
under the following heads:
SL. Heads Compensation Compensation
No. Awarded by Awarded by
Tribunal this Court
1. Loss of Earnings : Rs. 30,000/- 60,000/-
during treatment
(laid up period)
2. Damages for pain, : Rs. 1,00,000/- 1,00,000/-
suffering and
Trauma as a
consequent of this
injuries
3. Loss of amenities : Rs. 50,000/- 1,00,000/-
Transportation, :
Nourishment,
4. Attendant and Rs. 35,000/-
35,000/-
Miscellaneous
Expenditure
(2014) 11 SCC 178
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Expenses relating :
to Treatment
5. Rs. 80,000/- 80,000/-
Hospitalization and
Medication
6. Marriage prospects : Rs. 00/- 20,000/-
7. Legal Expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 2,95,000/- 4,05,000/-
Enhancement : Rs. 1,10,000/-
9. Altogether, the claimant is entitled for compensation of
an amount of Rs.4,05,000/-.
10. Accordingly, the appeal of the claimant is partly
allowed enhancing the compensation from an amount of
Rs.2,95,000/- to Rs.4,05,000/-.
i. The enhanced amount shall carry interest at
6% per annum from the date of petition till the
date of realization.
ii. The apportionment of the amount shall be as
per the order passed by the Tribunal.
iii. 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.
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iv. No costs.
v. Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
