- 1 - NC: 2025:KHC:12479 MFA No. 2611 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2611 OF 2016 (MV-I) BETWEEN: SRI.LAKSHMAIAH S/O. LATE. K. CHINNAPPA, AGED ABOUT 54 YEARS, R/AT NO. 123, CHAMBENAHALLI VILLAGE, ANEKAL TALUK, BENGALURU URBAN DISTRICT …APPELLANT (BY SRI.K.VISHWANATHA, ADVOCATE FOR SRI.T.SESHAGIRI RAO, ADVOCATE) AND: 1. THE MANAGER M/S. FURTURE GENERAL INSURANCE COMPANY LIMITED, PASADENA, NO. 18/1, (OLD NO. 125/A) 3RD FLOOR, ASHOKA PILLAR ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU -560 082 (INSURER OF THE TRUCK/TATA SFC 909, BEARING REG. NO. KA-51-7458). POLICE NO. 2012-VI989461-FCV VALID FROM 13-09-2012 TO 12-09-2013) 2. SRI. T.G. NAGARAJ S/O. GURAPPA, AGED ABOUT 44 YEARS, R/AT KUMBARA STREET, SARJAPURA POST AND HOBLI, 11TH CROSS, 6TH GALI, ANEKAL, BENGALURU -562 125 (RC OWNER OF THE VEHICLE I.E. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12479 MFA No. 2611 of 2016 TRACK/TATA SFC 909, BEARING REG. NO. KA-51-7458) …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R1 R2- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:13.02.2015 PASSED IN MVC NO.5403/13 ON THE FILE OF THE 2ND ADDITIONAL SMALL CAUSES JUDGE & 28TH ACMM, BENGLAURU, 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 ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.5403/2013 dated 13.02.2015 by the II Additional Small Causes Judge and XXVIII ACMM and Motor Accident Claims Tribunal, Bengaluru (SCCH-13), the appellant/claimant is before this Court seeking enhancement of the compensation and also questioning the liability fixed on the owner of the vehicle. 2. It is the case of the claimant that on 27.07.2013 at about 11:20 p.m., when he along with his colleague were proceeding in his motor cycle and patrolling in the limits of HSR Layout Police Station and when he reached at Sarjapura Main Road, at that time, the driver of the water tanker drove it in high speed, in a rash and negligent manner and dashed against - 3 - NC: 2025:KHC:12479 MFA No. 2611 of 2016 his motor cycle. Due to the impact, he fell down and sustained injuries all over the body. Immediately, he was shifted to the hospital and was treated as impatient. 3. The Tribunal had fixed the liability on the owner of the vehicle considering the charge sheet filed for the offence under Sections 279, 338 of IPC, Section 3(1) read with Sections 181, 5 read with 180 of MV Act, alleging that the driver do not possess valid and effective driving license at the time of the accident and the Tribunal had held that it amounts to violation of the terms and conditions of the policy and the Insurance Company is not liable to pay the compensation and fastened the liability on the owner of the vehicle. In the light of the settled law, the principle of pay and recover will apply and the Insurance Company is liable to pay the compensation. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Injury pain and sufferings : Rs. 60,000/- 2. Conveyance, Nourishment, Food and attending charges : Rs. 17,000/- 3. Loss of amenities : Rs. 30,000/- TOTAL : Rs. 1,07,000/- - 4 - NC: 2025:KHC:12479 MFA No. 2611 of 2016 4. Learned counsel for the appellant submits that the Tribunal had not granted any compensation under the heads of loss of future earnings and future medical expenses. 5. Learned counsel for the respondent No.1/Insurance Company submits that the Tribunal had rightly not granted compensation under the head of loss of future earnings as the claimant continued in the job and the evidence clearly shows that there is no loss of future income. 6. Having heard the learned counsels on either side, perused the entire material on record. Under the head of pain and suffering, conveyance, nourishment, food and attending charges and loss of amenities, the Tribunal had rightly granted the compensation and no enhancement is required. Towards future medical expenses, in the light of the evidence of the doctor, an amount of Rs.30,000/- is granted by this Court. 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. 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:12479 MFA No. 2611 of 2016 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Injury pain and sufferings : Rs. 60,000/- 60,000/- 2. Conveyance, Nourishment, Food and attending charges : Rs. 17,000/- 17,000/- 3. Loss of amenities : Rs. 30,000/- 30,000/- 4. Future medical expenses : Rs. 00/- 30,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,07,000/- 1,47,000/- Enhancement : Rs. 40,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.1,47,000/-. 10. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.1,07,000/- to Rs.1,47,000/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 6 - NC: 2025:KHC:12479 MFA No. 2611 of 2016 ii) The respondent No.1-Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. iii) 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 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. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 11