- 1 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1826 OF 2013(MV) BETWEEN: SRI. RAMACHANDRA, S/O. SRI. RAMANJINAPPA, AGED ABOUT 33 YEARS, NO.372, SEENAPPA BUILDING, ALLALSANDRA, G.K.V.K. POST, YELAHANKA, BANGALORE-560 065. …APPELLANT (BY SRI. NARENDRA GOWDA, ADVOCATE) AND: 1. UNITED INDIA INS. CO. LTD., NO.114/63, II FLOOR, THAKUR COMPLEX, S.C. ROAD, YESHWANTHPURA, BANGALORE-560 022. 2. SRI. K. SANTHOSH KUMAR, S/O. SRI. KEMPANNA, NO.12, KADISEGEHALLI VILLAGE, KONDENAHALLI POST, NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT-562 101. …RESPONDENTS (SATHISH KUMAR FOR SRI. SAI ASSTS FOR R2 CHANDRASHEKHAR C CHANSAPUR FOR R2 SRISHAILA FOR R1 (VK NOT FILED)) THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 27.11.2012 PASSED IN MVC.NO.3336/2009 ON THE FILE OF THE 10TH ADDITIONAL SMALL CAUSES JUDGE, 35TH ACMM, MACT, BANGALORE, PARTLY Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 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.3336/2009 dated 27.11.2012 by the X Addl. Senior Civil Judge and XXXV Addl. Chief Metropolitan Magistrate, Bengaluru, the claimant is before this Court seeking enhancement as well as questioning the liability fastened on the owner of the vehicle. 2. It is the case of the claimant that on 26.03.2009 at about 9.25 am., he was riding a motorcycle from south to north side towards GKVK Gate, Bangalore from Byatarayanapura, Bangalore slowly and cautiously on the left side of the road. At that time, the rider of the motorcycle came from the service road with high speed and in a rash and negligent manner and dashed against his vehicle. As a result, he fell down and sustained fracture of right temporal bone and head injury. He had admitted in the hospital and taken treatment. He had filed the claim petition seeking compensation of an amount of - 3 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 Rs.20,00,000/- for the injuries sustained by him. When it comes to the liability, the Tribunal had held that as on the date of the accident the rider of the motorcycle, who is charge sheeted by the police does not have the driving license to drive the said class of vehicle as on the date of the accident and as per the evidence of RW1, the rider of the opposite vehicle had obtained the learner's license which is valid from 17-01-2008 to 16-04-2009, which shows that the driver alone was riding the vehicle, which is in violation of the terms and conditions of the policy. As such the Tribunal had held that the insurance company is not liable to pay the compensation and fastened the liability on the owner of the vehicle. Coming to the compensation, the Tribunal had granted the compensation of an amount of Rs.37,172/-. 3. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Compensation towards pain and suffering : Rs. 15,000/- 2. Compensation towards medical expenses : Rs. 19,172/- 3. Compensation towards attendant charges, food : Rs. 3,000/- - 4 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 and nourishment and conveyance expenses TOTAL : Rs. 37,172/- 4. Altogether the Tribunal had granted compensation of an amount of Rs.37,172/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. 5. Though the matter was listed on 02.04.2025, there was no representation on behalf of the appellant. This Court having heard the learned counsel for the respondent had posted the matter as ‘part heard’. Even today also, there is no representation on behalf of the appellant. As this is the MVC of the year 2009 and appeal of the year 2013, basing on the material available on record, this Court is inclined to proceed with the merits of the matter. 6. Learned counsel appearing for respondent No.1/ Insurance Company submits that without the driving license, on a learner's license, the driver of the offending vehicle was driving the vehicle and as it is in violation of the terms and conditions of the policy as such the Tribunal has rightly held that the insurance company is not liable to pay the compensation. When it comes to the compensation, it is - 5 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 submitted that the compensation awarded by the Tribunal is just and reasonable. 7. Having heard the learned counsel for the respondent No.1/Insurance company, perused the material on record. The claimant had sustained fracture injury and also a head injury. Under the head of pain and sufferings, this Court is granting an amount of Rs.40,000/-. Under the head of nourishment, attendant and transport charges, for three days of hospitalization, the Tribunal had granted an amount of Rs.3,000/- and no interference is called for. Towards medical expenses also, the Tribunal had rightly granted an amount of Rs.19,172/- and no interference is called for. The Tribunal has not granted any amount under the head of loss of income during the laid up period. As this accident had taken place in the year 2009, as per the chart prepared by the Legal Services Authority, taking the notional income at an amount of Rs.5,000/-, towards loss of income during the laid up period, this Court is granting an amount of (5,000X2)= Rs.10,000/-. - 6 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 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 to the compensation under the following heads: Sl. No. Heads of compensation Compensation Awarded by Tribunal Compensat ion Awarded by this Court 1. Compensation towards pain and suffering : Rs. 15,000/- 40,000/- 2. Compensation towards medical expenses : Rs. 19,172/- 19,172/- 3. Compensation towards attendant charges, food and nourishment and conveyance expenses : Rs. 3,000/- 3,000/- 4. Loss of income during the laid up period (5,000X2) : Rs. - 10,000/- 5. Legal expenses : Rs. - 10,000/- TOTAL : Rs. 37,172/- 82,172/- Enhanced compensation : Rs. 45,000/- 1 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 10. All together, the claimant is entitled for compensation of an amount of Rs.82,172/-. Accordingly, the appeal filed by the claimant is Allowed-in-part by enhancing the compensation from an amount of Rs.37,172/- to Rs.82,172/-. The compensation amount shall be paid by the insurance company and the same shall be recovered from the owner of the vehicle. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The insurance company shall pay the compensation and the same shall be recovered from the owner of the vehicle. iii) 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 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. - 8 - NC: 2025:KHC:13946 MFA No. 1826 of 2013 vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 1