- 1 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1726 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3211 OF 2016 (MV-I) IN MFA No. 1726/2016 BETWEEN: LEGAL MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, 5TH FLOOR, CENTENARY BUILDING, NO.28, M.G. ROAD, BANGALORE - 560 001. …APPELLANT (BY SRI. PRADEEP B, ADVOCATE) AND: 1. KARTHIK S.S, S/O S.B. SHASHIDHAR, NOW AGED ABOUT 27 YEARS, R/AT NO.18, 60 FEET ROAD, HEALTH LAYOUT, ANNAPOORNESHWARINAGARA, SRIGANDHAKAVALU, BANGALORE - 560 091. 2. T.N. VASANTH KUMAR, S/O NAGARAJU T, AGE: MAJOR, NO.67, 7TH CROSS, 4TH BLOCK, NANDINI LAYOUT, BENGALURU - 96 …RESPONDENTS (BY SRI. SURESH M. LATUR, ADVOCATE FOR R1; VIDE ORDER DATED 05.12.2016, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2016 PASSED IN MVC NO.5130/2014 ON THE FILE OF THE MEMBER, PRL.MACT AT BANGALORE, AWARDING THE COMPENSATION OF RS 5,13,100/- FOR INTEREST AT THE RATE OF 9% P.A ONLY ON RS.4,88,100/- FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 3211/2016 BETWEEN: SRI. KARTHIK S.S, S/O S.B. SHASHIDHAR, AGE: 27 YEARS, OCC: FLOOR MANAGER AT SONY CENTER, BRIGADE ROAD, R/O NO.18, 60 FT ROAD, HEALTH LAYOUT ANNAPOORNESHWARINAGARA, SRIGANDHAKAVALU, BENGALURU - 560 091. ...APPELLANT (BY SRI. SURESH M. LATUR, ADVOCATE) AND: 1. SRI T.N. VASANTH KUMAR S/O NAGARAJU.T NO.67, 7TH CROSS 4TH BLOCK, NANDINI LAYOUT, BENGALURU - 560 096. 2. THE MANAGER, RELIANCE GENERAL INS. CO. LTD., NO.28, CENTENARY BUILDING EAST WING, 5TH FLOOR, M.G. ROAD BENGALURU - 560 001. ...RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 23.01.2017, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2016 PASSED IN MVC NO.5130/2014 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, - 3 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 COURT OF SMALL CAUSES BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, 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.5130/2014 dated 21.01.2016 by the Prl. Motor Accident Claims Tribunal at Bengaluru, both the Insurance Company as well as the claimant are before this Court. The Insurance Company's appeal is M.F.A. No.1726/2016 and the claimant's appeal is M.F.A. No.3211/2016. 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in road traffic accident that took place on 11.11.2014. It is the case of the claimant that because of the injuries, he had sustained disability and he was working and earning an amount of Rs.20,000/- per month. When the accident has happened because of the rash and negligent driving of the driver of offending vehicle, the Tribunal had held that the accident has happened because of the negligent driving of the - 4 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 driver of the offending vehicle and the same is insured with the insurance company, the Insurance Company is liable to pay the compensation. When it comes to the compensation, the Tribunal had taken 15% as disability. According to the doctor, the claimant had sustained 45.8% as disability to the left upper limb and to the whole body as 15%. When it comes to the income, the claimant has marked the salary certificate. According to that, he was earning an amount of Rs.20,000/- p.m., but no person was examined in support of the same. As such, the Tribunal had taken Rs.10,000/- as income and granted the compensation as per the table given below: Sl. No. Head of Compensation Amount (in Rs.) 1. Pain and sufferings 40,000.00 2. Loss of future earnings due to disability 3,24,000.00 3. Medical expenses 19,021.00 4. Conveyance, food and nourishment, attendant charges and other incidental expenses 15,000.00 5. Loss of income during the period treatment 40,000.00 6. Loss of amenities in life 25,000.00 7. Loss of marriage prospectus 25,000.00 8. Future medical expenses 25,000.00 Total 5,13,021.00 - 5 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 3. Learned counsel appearing for the Insurance Company submits that the vehicle is not having the fitness certificate, as such, the Insurance Company is not liable to pay the compensation. When it comes to the compensation, he submits that when there is no evidence and the accident has taken place in the year 2014, the Tribunal ought not to have taken the income at Rs.10,000/-. Further, it is submitted that on all other heads also the compensation awarded by the Tribunal is on the higher side. The interest is awarded at the rate of 9% and the same is needs to be reduced. 4. Learned counsel appearing for the appellant - claimant submits that the Tribunal had not granted a reasonable compensation. It is submitted that when he has sustained the grievous injuries, under the head 'pain and suffering', the amount granted by the Tribunal is on the lower side. He submits that when the police records shows his occupation and when he has filed the salary certificate, the Tribunal ought to have taken the income at Rs.20,000/- per month. It is submitted that considering the age and the hardship that is going to be caused to the claimant, the compensation awarded by the Tribunal under the heads 'loss of - 6 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 amenities' and 'loss of marriage prospects', is not reasonable. Further, it is submitted that the Tribunal has not granted the interest on the 'future medical expenses', which is not correct. 5. Having heard the learned counsels on either side, perused the material on record. The first issue as raised by the Insurance Company that the offending vehicle is not having fitness certificate. This Court has perused the findings of the Tribunal with regard to this aspect. The Tribunal has observed that it is contended that there was no fitness certificate and police while filing the charge sheet made the owner also as accused No.2, since there was violation of Sections 56, 192, 5(1) and 180 of IMV Act. The Tribunal further observed that on perusal on the charge sheet which is marked as Ex.P2, the police have invoked the very same proviso and owner also made as accused as there was no fitness certificate. The Tribunal further observes that no doubt the police have invoked the said proviso with regard to the violation and mere filing of the charge sheet is not enough and the respondents have not examined the Investigating Officer before the Court and as he has failed to examine the I.O., the Tribunal felt that it cannot be said that the vehicle is not having the effective fitness - 7 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 certificate. This Court finds that the view taken by the Tribunal is correct and this Court finds that there is no merit in the ground raised by the Insurance Company and the Tribunal had rightly held that the Insurance Company is liable to pay the compensation. As far as interest on 'future medical expenses' is concerned, in the considered opinion of this Court, the Tribunal was not right in giving such finding and the claimant is also entitled for the interest for the 'future medical expenses' also. 6. The Tribunal had granted the compensation of Rs.40,000/- under the head 'pain and suffering'. Considering the injuries sustained by the claimant, this Court is granting an amount of Rs.60,000/-. Coming to the 'loss of future earning due to disability', as far as income is concerned, though it is sated that he is earning an amount of Rs.20,000/-, except marking the salary certificate, he has not examined anyone. The Tribunal without any basis, had taken the income at Rs.10,000/-. As the accident is of the year 2014, a sum of Rs.8,500/- is to be taken as notional income considering the chart prepared by the Karnataka State Legal Services Authority. Considering the nature of injuries sustained, the doctor has assessed 15% of disability towards whole body. As - 8 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 the claimant was aged 25 years, appropriate multiplier applicable is '18'. Therefore, the 'loss of future earnings due to disability' is quantified as Rs.8,500 x 12 x 18 x 15/100 = Rs.2,75,400/-. Accordingly, a sum of Rs.2,75,400/- is granted under the said head. As far as 'medical expenses', 'conveyance, food and nourishment, etc.' are concerned, the Tribunal has reasonably granted the compensation and no interference is called for from this Court. Then coming to the 'loss of income during laid up period', this Court considering the income at Rs.8,500/- for four months, a sum of Rs.34,000/- is granted under the said head. Coming to the 'loss of amenities', considering age and injuries, this Court is granting an amount of Rs.30,000/-. For 'future medical expenses' and 'loss of marriage prospects', the Tribunal has granted reasonable compensation and no interference is called for from this Court. Coming to the interest aspect, the Tribunal had granted 9% and same is reduced to 6%. 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 - 9 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 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: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 40,000.00 60,000.00 2. Loss of future earnings due to disability : Rs. 3,24,000.00 2,75,400.00 3. Medical expenses : Rs. 19,021.00 19,021.00 4. Conveyance, food and nourishment, attendant charges and other incidental expenses : Rs. 15,000.00 15,000.00 5. Loss of income during the period treatment : Rs. 40,000.00 34,000.00 6. Loss of amenities in life : Rs. 25,000.00 30,000.00 7. Loss of marriage prospectus : Rs. 25,000.00 25,000.00 8. Future medical expenses : Rs. 25,000.00 25,000.00 9. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 5,13,021.00 4,93,421.00 1 (2014) 11 SCC 178 - 10 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 9. Accordingly, the appeal filed by the Insurance Company is party allowed reducing the interest from 9% to 6% and compensation amount from Rs.5,13,021/- to Rs.4,93,421/- and the claimant's appeal is also partly allowed holding that the claimant is entitled for the interest on the 'future medical expenses' also. Hence, the following: ORDER i) The appeals are party allowed. ii) The judgment and award passed by the Tribunal in M.V.C.No.5130/2014 dated 21.01.2016, is hereby modified holding that the claimant is entitled for compensation of Rs.4,93,421/- along with interest at the rate of 6% p.a., from the date of petition till its realization. iii) The claimant is also entitled for the interest on the 'future medical expenses' also. iv) The amount in deposit shall be forthwith transferred to the Tribunal. v) 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. - 11 - NC: 2025:KHC:12500 MFA No. 1726 of 2016 C/W MFA No. 3211 of 2016 vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 3 Sl No.: 5 CT: BHK