- 1 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 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. 6731 OF 2014 (MV) C/W MFA CROSS OBJECTION NO. 106 OF 2017 (MV-I) IN MFA No. 6731/2014 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. CATHERINE RESHMA D/O GURUSHANTHA, NOW AGED ABOUT 31 YEARS, R/A 60 FEET ROAD, 1ST CROSS, SBM LAYOUT, BATAWADE, TUMKUR-572 101 2. T.N.SRIKANTHA SWAMY S/O LATE T.N.NANJUNDSWAMY, NOW AGED ABOUT 41 YEARS, R/AT 4TH CROSS, SIDDAGANGA , EXTENSION, TUMKUR-572101 …RESPONDENTS (BY SRI.H.V.MANJUNATHA, ADVOCATE FOR R1 SRI.K.R.RAMESH, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.12.2013 PASSED IN MVC Digitally signed by MEGHA MOHAN Location: High Court Of Karnatka - 2 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 NO.406/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XI, AT TUMKUR, AWARDING COMPENSATION OF RS.1,81,800/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA.CROB NO. 106/2017 BETWEEN: CATHERINE RESHMA D/O GURUSHANTHA, NOW AGED ABOUT 34 YEARS R/A 60 FEET ROAD, 1ST CROSS SBM LAYOUT, BATAWADI, TUMKUR-572 101 ...CROSS OBJECTOR (BY SRI. H.V.MANJUNATHA, ADVOCATE) AND: 1. T.N.SRIKANTHA SWAMY S/O LATE T.N.NANJUNDASWAMY, NOW AGED ABOUT 44 YEARS, R/AT 4TH CROSS, SIDDAGANGA EXTENSION, TUMKUR-572 101 2. LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, 5TH FLOOR, CENTENARY BUILDING, NO.28, M.G.ROAD, BANGALORE-560 001 ...RESPONDENTS (BY SRI.K.R.RAMESH, ADVOCATE FOR R1 SRI.PRADEEP B., ADVOCATE FOR R2) THIS MFA CROB. FILED U/O.41 RULE 22 OF CPC, R/W SEC.173(1) OF MACT, 1988 AGAINST THE JUDGMENT AND AWARD DT.20.12.2013 PASSED ON MVC NO.406/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XI, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEAL AND MFA CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.406/2009 dated 20.12.2013 by the Additional Senior Civil Judge and MACT-XI, Tumkur, the appellant/Insurance Company is before this Court. The Insurance Company has filed MFA.No.6731/2014 and the claimant has filed MFA.CROB.No.106/2017. 2. The claim petition was filed seeking compensation of an amount of Rs.12,00,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 04.03.2008 at about 9:00 a.m., when the claimant was proceeding on her Honda Activa near Bhadramma Choultry circle in front of Government Junior College, Tumkur, the driver of Tractor came from behind in a negligent manner and dashed to the claimant's vehicle. As a result, the claimant fell down and Tractor ran over her thigh and thereby she sustained grievous injuries. According to the doctor, the claimant had sustained two grievous injuries and there is disability of 31% to the lower limb and 15% to the whole body. - 4 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 3. The Tribunal had considered the disability at 5% and the income of the claimant at Rs.4,000/- per month and granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 40,000/- 2. Medical Expenses, Conveyance, Food and Nourishment and Attendant charges : Rs. 45,000/- 3. Loss of income during laid up period : Rs. 16,000/- 4. Loss of future income due to permanent disability : Rs. 40,800/- 5. Loss of amenities and unhappiness : Rs. 40,000/- TOTAL : Rs. 1,81,800/- 4. When it comes to the liability, it is the case of the Insurance Company that the driver of the Tractor was not having a valid driving license and there is violation of the terms and conditions of the policy. As such, the Insurance Company is not liable to pay the compensation. The Tribunal has held that the Insurance Company has failed to produce the documents to show that the driver was not having driving license as on the date of the accident. The claimant had produced charge sheet Ex.P2. The driver has not been charge sheeted for driving - 5 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 without license. Admittedly, the policy is in force as on the date of accident. The Tribunal had held that without sufficient material on record to show that driver was not having a valid driving license, it cannot be presumed that there is violation of terms and conditions of the policy and accordingly, held that owner and the Insurance Company are jointly and severally liable to pay the compensation to the claimant. 5. Learned counsel appearing for the Insurance Company submits that when there is no driving license, the Tribunal ought not to have fastened the liability on the Insurance Company and ought to have directed the owner of the vehicle to pay the compensation. When it comes to the compensation, he submits that the compensation that is awarded by the Tribunal is on the higher side. 6. Learned counsel appearing for the owner of the vehicle submits that the Tribunal had rightly considered the evidence and rightly held that the Insurance Company is liable to pay the compensation. 7. Learned counsel appearing for the claimant submits that the Tribunal had taken the income of the claimant at - 6 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 Rs.4,000/- per month which is on the lower side and further, the Tribunal had granted lump sum amount towards loss of future income due to permanent disability and under the head of pain and sufferings, the compensation that is granted is not just and reasonable compensation. 8. Having heard the learned counsels on either side, perused the entire material on record. First, coming to the aspect of liability, the Tribunal had rightly held that without there being any evidence on record and particularly in the light of the fact that the charge sheet is filed, as the case is not registered against the rider that he is not having a valid driving license and no other material is placed before the Court. The Tribunal had rightly held that the Insurance Company is liable to pay the compensation. This Court finds no reasons to interfere with the well considered order passed by the Tribunal. 9. Coming to the aspect of compensation, considering the grievous injuries sustained by the claimant, this Court is granting an amount of Rs.60,000/- towards pain and suffering. Towards medical expenses, conveyance, food and nourishment and attendant charges, the Tribunal had - 7 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 granted an amount of Rs.45,000/-. This Court is granting an amount of Rs.48,000/-. Towards loss of income during the laid up period, as the accident had taken place in the year 2008, as per the chart prepared by the Legal Services Authority, the income of the claimant is taken at Rs.4,500/-. Hence, this Court is granting an amount of Rs.13,500/- (Rs.4,500x3) towards loss of income during the laid up period. Coming to the loss of future income, the doctor had opined that there is 31% disability to the lower limb and 15% disability to the whole body. This Court is taking disability as 10% to the whole body. Hence, this Court is granting an amount of Rs.91,800/- (Rs.4,500x12x17x10/100) towards loss of future income due to permanent disability. Towards loss of amenities, the Tribunal had granted reasonable amount and no interference is called for. Considering the injuries, towards future medical expenses, this Court is granting an amount of Rs.20,000/-. 10. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and - 8 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 11. 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. Pain and sufferings : Rs. 40,000/- 60,000/- 2. Medical Expenses, Conveyance, Food and Nourishment and Attendant charges : Rs. 45,000/- 48,000/- 3. Loss of income during laid up period : Rs. 16,000/- 13,500/- 4. Loss of future income due to permanent disability : Rs. 40,800/- 91,800/- 5. Loss of amenities and unhappiness : Rs. 40,000/- 40,000/- 6. Future medical expenses : Rs. 00/- 20,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,81,800/- 2,83,300/- Enhancement : Rs. 1,01,500/- 12. Altogether the claimant is entitled for compensation of an amount of Rs.2,83,300/-. 1 (2014) 11 SCC 178 - 9 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 13. Accordingly, MFA.CROB.No.106/2017 filed by the claimant is partly allowed enhancing the compensation from an amount of Rs.1,81,800/- to Rs.2,83,300/-. The Insurance Company is liable to pay the compensation. 14. MFA.No.6731/2014 filed by the Insurance Company is dismissed. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. Amount in deposit shall be forthwith transmitted to the Tribunal. iii. The 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. - 10 - NC: 2025:KHC:14290 MFA No. 6731 of 2014 C/W MFA.CROB No. 106 of 2017 vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 8