- 1 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 8544 OF 2014 (MV-I) BETWEEN: SRI.M.MALLESH S/O MALLAIAH AGED ABOUT 34 YEARS R/AT NO.G-1, RVCE QUARTERS RVB POST, MYSORE ROAD BANGALORE. …APPELLANT (BY SRI.GOPALA KRISHNA.B.N., ADVOCATE) AND: 1. ICICI LAMBOARD GENERAL INSURANCE CO. LTD., NO.89, II FLOOR, S.V.R. COMPLEX HOSUR MAIN ROAD, MADIWALA BANGALORE-560 068 2. M/S SWARNA GROUP PROP. SHIVAKUMAR NO.F-3 & F-4, 1ST FLOOR RSK COMPLEX HESSARGHATT MAIN ROAD NEAR AMMAJI CHOULTRY HAVANUR LAYOUT BANGALORE-560 075. …RESPONDENTS (BY SRI.A.M.VENKATESH., ADVOCATE FOR R1; V.O.D. 09.1.2017 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.09.2014 PASSED IN MVC NO.4657/2013 ON THE FILE OF THE JUDGE, COURT OF SMALL Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 CAUSES, & XXVI ACMM, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant against the judgment and award dated 20.9.2014 passed in MVC No.4657/2014 by the Small Causes Court (SCCH-09) & MACT, Bengaluru (for short “Tribunal”) for enhancement of the compensation. 2. For the sake of convenience, the parties herein are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are that, on 28.7.2013 around 4.30 PM the petitioners were going in Hona Active bearing registration No.KA-41-U-7237 in front of L.G.Godown gate, Patternagere Main road, R.R.Nagara, Bangalore. There they met with an accident due to rash and negligent driving of Tata Sumo bearing registration No.KA-41-A-4390 by its driver. As a result, the claimant sustained fracture of shaft of Right Femur and he has - 3 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 suffered permanent disability. He was aged about 33 years, he was working as Hostel Superintendent at R.V.College of Engineering and earning Rs.10,000/- per month. On these reasons, the claimant has prayed for awarding compensation of Rs.10,00,000/-. 4. Respondent No.1 is the insurer and respondent No.2 is the owner of the offending vehicle. Respondent No.2 was ex-parte before Tribunal. Respondent No.1 in its written statement denied the contention of the claim petition. It contended that the accident occurred due to negligence of the rider of the motorcycle in which the petitioner was travelling and hence it is not liable to pay the compensation and also denied its liability to pay the compensation for breach of conditions of the policy by the respondent No.2 and prayed to dismiss the petition. 5. From the rival contentions of the parties, the tribunal framed the necessary issues for its determination. 6. Before the Tribunal MVC No.4658/2013 and MVC No.4657/2013 were clubbed and common evidence - 4 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 was recorded. Claimants examined 3 witnesses as PW 1 to 3 and marked 24 documents as per Ex.P.1 to 24. Respondent examined one witness as RW1 and marked one document as Ex.D1. 7. After hearing both the parties, the Tribunal held that the accident had taken place due to rash and negligent driving of the Tata Sumo bearing registration No.KA-41-A-4390 by its driver and in the said accident, the claimant sustained fracture of the right Femur. The Tribunal considered the materials available on record and awarded following amount of compensation; 8. Learned counsel for the appellant submits that the amount of compensation awarded on all heads are on the lower side and prayed to enhancement of the same. 1 Pain and sufferings Rs.25,000/- 2 Medical expenses Rs.67,000/- 3 Attendant charges, nutritious expenses & transportation charges Rs.4,000/- 4 Loss of income during laid of period Rs.36,000/- 5 Loss of future amenities and happiness Rs.20,000/- Total Rs.1,52,000/- - 5 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 9. Learned counsel for the respondent No.1 submits that the Tribunal has considered the matter properly and has awarded just and reasonable amount of compensation and thus, prays for dismissal of the appeal. 10. There is no serious dispute regarding the occurrence of accident and the injuries sustained by the claimant. In the said accident, the claimant had sustained fracture of the shaft of Right Femur and underwent treatment from 28.7.2013 to 3.8.2013 and from 3.1.2014 to 4.1.2014. He underwent surgery. He incurred a total medical expenses of Rs.1,05,775/-, out of which he received Rs.66,246/- though his medical policy. PW-3, who issued permanent disability certificate, assessed the disability of the claimant at 20.33% to the whole body. It is not in dispute that the claimant was working as an Hostel Superintendent. During the course of the proceedings, he produced his salary certificate to prove that he was earning a salary of Rs.11,000/- per month. The wife of the petitioner was unable to attend to her - 6 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 duties for a period of 52 days, and she lost her earning for two months as she was attending to the claimant. 11. Considering all these facts, the Tribunal awarded the compensation accordingly. 12. Looking at the material available on record, the said amount of compensation awarded by the Tribunal is on the lower side, which requires enhancement. For the aforesaid discussion, the following amount of compensation is awarded; 13. The Claimant is entitled to interest on the enhanced amount, at the rate of 6% per annum from the date of petition till the realization. 1 Pain and sufferings Rs.40,000/- 2 Medical expenses Rs.67,000/- 3 Attendant charges, nutritious expenses & transportation charges Rs.25,000/- 4 Loss of income during laid up period Rs.36,000/- 5 Loss of future amenities and happiness Rs.75,000/- Total Rs.2,43,000/- Award by the Tribunal Rs.1,52,000/- Amount Enhanced Rs.91,000/- - 7 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 14. Undisputedly respondents No.1 and 2- insurer and owner of the vehicle. They are jointly and severally liable to pay the compensation of the said amount. 15. For the aforesaid discussion, I pass the following; ORDER i. The appeal is partly allowed. ii. The judgement and award dated 20.09.2014 passed in MVC NO.4657/2013 on the file of the Small Causes & XXVI ACMM, MACT, Bangalore is modified; iii. Claimant is entitled to the enhancement of Rs.91,000/- with interest at the rate of the 6% p.a. from the date of the petition till its realization. iv. Respondent No.1 is directed to deposit the said amount within a period of six weeks from the date of the award. v. Enhancement of the compensation is marginal. The claimant being a literate and working as Hotel Superintendent. Hence entire amount is directed - 8 - HC-KAR NC: 2025:KHC:21897 MFA No. 8544 of 2014 to be released in favour of the petitioner, on due identification. vi. Registry is directed to return the records to the trial Court along with copy of the judgment Sd/- (UMESH M ADIGA) JUDGE SR List No.: 1 Sl No.: 7