- 1 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2293 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2063 OF 2022 (MV-I) IN MFA No. 2293/2023 BETWEEN: MOHAMMED NADEEM @ NADEEM S/O MOHAMMED KHALEEL @ KALEEMULLA AGED ABOUT 23 YEARS R/AT 14TH CROSS, VINOBHA NAGAR TUMAKURU TOWN, TUMAKURU TALUK, TUMAKURU DISTRICT 572101 …APPELLANT (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA., ADVOCATE) AND: 1. GIRISH T G S/O GOVINDAIAH AGED ABOUT 36 YEARS R/AT THYAGATUR, NITTUR HOBLI GUBBI TALUQ 572216 TUMAKURU DISTRICT 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., OFFICE AT NO 28TH 4TH FLOOR, CENTENARY BUILDING, M G ROAD Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 NEAR RAHEJA TOWERS BENGALURU 560001 …RESPONDENTS [BY SRI. D. VIJAYKUMAR, ADVOCATE FOR R2 (VK NOT FILED) V/O DATED 09.08.2023 NOTICE TO R1 IS DISPENSED WITH] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2021 PASSED IN MVC NO. 364/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2063/2022 BETWEEN: 1. THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED OFFICE AT NO.28, 4TH FLOOR, CENTENARY BUILDING, M G ROAD, NEAR RAHEJA TOWERS, BANGALORE-560001 ...APPELLANT (BY SRI. D VIJAYAKUMAR.,ADVOCATE) AND: 1. MR MOHAMMED NADEEM @ NADEEM S/O MOHAMMED KHALEEL @ KALEEMULLA, AGED ABOUT 22 YEARS, R/AT 14TH CROSS, VINOBHA NAGARA, TUMKUR TOWN, TUMKUR TALUK-572101 2. SRI GIRISH T G S/O GOVINDAIAH, AGED ABOUT 35 YEARS, R/AT THYAGATUR, NITTUR HOBLI, - 3 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 GUBBI TALUK, TUMKUR DISTRICT-572223 (RC OWNER) ...RESPONDENTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2021 PASSED IN MVC NO.364/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, AWARDING COMPENSATION OF RS. 3,45,620/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF ENTIRE AMOUNT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These two appeals are filed challenging the judgment and award dated 31.12.2021 passed by VI Additional District and Sessions Judge, Tumakuru in MVC No.364/2019. 2. Parties to the appeals shall be referred to as per their status before the tribunal. 3. The appeal preferred by the claimant is premised on the ground of inadequate compensation - 4 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 consequently seeking enhancement. The appeal preferred by the Insurance Company is filed seeking to set aside the impugned judgment and award passed by the Tribunal. 4. Brief facts of the case are as under: On 23.11.2017 the claimant was riding motorbike bearing registration No.KA-06-ES-0979 and when he came near Gubbi gate junction on NH 206 road, at that time, a Tipper Lorry bearing registration No.KA-51-TS-7011/2017 driven by its driver in a rash and negligent manner endangering human life and safety dashed against the motorbike of the claimant due to which, the claimant fell down and sustained serious injuries and underwent treatment for injuries by spending huge amount. In view of the injury sustained medical expenses expended, he filed claim petition seeking compensation against the owner and insurance company of the offending vehicle. 5. On appearance, respondent No.1 did not file any statement however respondent No.2-insurance company filed detailed statement admitting the issuance - 5 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 of policy to the Tipper Lorry vehicle but took up a plea that the accident occurred due to negligence of the rider namely the claimant and that the insurance company is not liable to indemnify the offending vehicle as alleged. 6. On the basis of materials placed on record both oral and documentary, the tribunal awarded total compensation of Rs.3,45,620/- along with interest at 6% per annum and directed the insurance company to pay the amount within three months. Being dissatisfied with the impugned judgment and award claimant as well as insurance company are in appeal before this Court challenging the said judgment. 7. It is the vehement contention of the learned counsel for the claimant that the impugned judgment and award is unreasonable, contrary to the materials placed on record, both oral and documentary. The Tribunal has failed to take into consideration the income of the claimant to be at Rs.15,000/- per month. The income taken at Rs.9,000/- per month is on the lower side. So also it is contended by - 6 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 the learned counsel for the claimant that the Tribunal has committed an error in taking the disability at 9%, whereas the Doctor-PW-2 had opined disability at 24%. It is also contended that on other heads also Tribunal has awarded inadequate compensation which requires to be enhanced. On these grounds learned counsel seeks enhancement of compensation and consequently allow his appeal. 8. Per contra, learned counsel Sri. D. Vijaya Kumar representing the insurance company vehemently contends that the judgment and award passed by the Tribunal is erroneous, contrary to the materials placed on record and the Tribunal has failed to take into consideration that the claimant was riding a motorcycle without possessing a valid and effective driving license as on the date of riding the said two wheeler and he was a minor. Hence he was not entitled to ride the two wheeler which occasioned the occurrence of the accident. Therefore, he contends that the entire negligence has to be fastened on the claimant himself for riding the two - 7 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 wheeler without having valid and effective driving license. On these grounds he contends that the judgment rendered by the Tribunal is not sustainable and the same requires to be set aside. 9. I have heard the learned counsel for the claimant and learned counsel for the insurance company. 10. The occurrence of accident on 23.11.2017, involvement of the two vehicle stated in the claim petition i.e., the motorbike and the tipper lorry and the injury sustained in the road traffic accident is proved by production of Exs.P.1 to P.24. Negligence is attributed against the driver of the tipper lorry by the Tribunal. However there is no FIR or charge sheet laid against the rider, the claimant. Hence, the entire compensation has been fastened on the insurance company. 11. The point for consideration before this Court is: "(1) Whether the entire negligence is to be fastened on the offending vehicle i.e., the tipper lorry? and - 8 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 (2) Whether any amount of negligence is to be attributed to the rider of the motorbike who was a minor as on the date of riding the two wheeler?" 12. Admittedly the claimant was not possessing a valid and effective driving license as on the date of occurrence of the accident. It is also admitted that the claimant was a minor during the occurrence of the accident. Therefore fastening of entire liability, negligence against the tipper lorry and the insurance company of the tipper lorry may not be correct, despite there being no FIR or charge sheet filed against the rider of the motor cycle, the claimant. 13. This Court is of the opinion that there are several cases where the minor children ride and drive the vehicle leading to occurrence of accident, despite not possessing a valid and effective driving license. Of course, the law does not permit a minor to possess or entitled to a valid driving license, which itself infers that the minor is not eligible and permitted to ride or drive a motor vehicle. - 9 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 Therefore a person who commits a wrong cannot be benefited and take advantage of own wrong. Under the circumstances this Court is of the opinion that some amount of negligence is required to be fastened as against the claimant. This Court deems it appropriate to fix 20% negligence as against the claimant. 14. Coming to the question of age, avocation, income for computing of compensation the Tribunal has assessed the income at Rs.9,000/- per month. Admittedly there is no material placed before the Court that the claimant was employed or working and no proof has been placed for a definite income. Though it is the contention of the learned counsel for the claimant that income be taken as per the notional chart amounting to Rs.11,000/- but I am afraid that this Court cannot agree to the contention put-forth by the learned counsel for the claimant for the reason that the notional income chart is prepared for adult member who does not produce or furnish any proof of income. In the present case on hand, the claimant is a - 10 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 minor but however had he placed any material to show that he was working in any aspect that could have been taken considering his age to be 17 as claimed, but since no such material is placed, no evidence is adduced, the income so arrived by the Tribunal at Rs.9,000/- is retained. 15. Claimant has got examined doctor as PW-2, who opined disability to an extent of 24% to the right lower limb but however has failed to opine disability to the whole body. The Tribunal has taken the disability at 9% to the whole body, which, in my opinion, is also on the higher side. If 24% is divided by 1/3rd the disability would be taken at 8% to the whole body. Therefore, loss of future earning capacity due to disability would be; Rs.9,000 x 12 x 18 x 8% =Rs.1,55,520/- as against Rs.1,74,960/- awarded by the Tribunal. 16. Towards pain and suffering the Tribunal has awarded Rs.65,000/-, same is retained. Towards loss of amenities Rs.50,000/- is retained. Towards food, - 11 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 nourishment etc., conveyance charges, since the claimant was inpatient, this Court deems it appropriate to award Rs.30,000/- under this head. Towards loss of earning during laid up period, the Tribunal has awarded Rs.27,000/- @ 9,000/- per month for a period of three months, the same is retained. Medical expenses of Rs.22,660/- is retained. 17. In view of the above, the claimant would be entitled to total compensation of Rs.2,80,144/- as against Rs.3,45,620/- awarded by the tribunal, as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Loss of future income Rs.1,55,520/- 2 Pain and suffering Rs.65,000/- 3 Amenities Rs.50,000/- 4 Laid up period Rs.27,000/- 5 Food, conveyance and attendant charges Rs.30,000/- 6 Medical expenses Rs.22,660/- Rs.3,50,180/- (-) 20% negligence Rs.70,036/- Total Rs.2,80,144/- - 12 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 18. Accordingly, I pass the following: ORDER (i) Both the appeals in MFA No.2293/2023 and MFA No.2063/2022 are disposed of. (ii) The claimant would be entitled to a total compensation of Rs.2,80,144/- (Rs.3,50,180 - 20% negligence attributed to the claimant) along with interest @ 6% per annum. (iii) The balance compensation amount shall be paid within four weeks from the date of receipt of copy of this order. (iv) The compensation amount shall be released in favour of the appellant- claimant as per the terms of the tribunal by electronic transfer to the claimant upon furnishing the required bank details/upon proper identification. - 13 - NC: 2025:KHC:2667 MFA No. 2293 of 2023 C/W MFA No. 2063 of 2022 (v) All other terms and conditions stipulated by the tribunal shall stand intact. (vi) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE BVK List No.: 1 Sl No.: 10