- 1 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8543 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7449 OF 2015 IN MFA No. 8543/2015 BETWEEN: THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., S.N.S. CORNER BUILDING, 3RD FLOOR, OPP BOWRING HOSPITAL SHIVAJINAGAR, BANGALORE-560 027 NOW REPRESENTED BY ITS MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKAHALLI MAIN ROAD, OFF BG ROAD, IIM POST, BANGALORE-560 076 …APPELLANT (BY SRI.B.PRADEEP, ADVOCATE) AND: 1. RAVI S/O NINGEGOWDA, NOW AGED ABOUT 34 YEARS, R/AT NO.187, 7TH MAIN, NEAR KRISHNA BAKERY, NARASIPURA LAYOUT, VIDYARANYAPURA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 BANGALORE-560 097 2. SHABEER AHAMED S/O BASHEER AHAMED, 1ST CROSS, BASAVANAGUDI, GUTHAL ROAD, MANDYA-571 401 3. MR.MUNILINGACHAR S/O SIDDACHAR, KORBANAHLLI VILLAGE, R.DODDI POST, SOMANATHAPURA, KANAKAPURA, RAMANAGARA DISTRICT …RESPONDENTS (BY SRI.SHRIPAD V. SHASTRI, ADVOCATE FOR R1 V/O/D 13/2/2022 NOTICE TO R2 D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.7.2015 PASSED IN MVC NO.5518/2013 ON THE FILE OF THE 19TH ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.3,66,342/- OUT OF WHICH HE IS ENTITLED FOR COMPENSATION TO THE EXTENT OF 75% i.e. RS.2,47,756/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION ON RS.2,17,756/- AS THE COMPENSATION AWARDED TOWARDS FUTURE MEDICAL EXPENSES DOES NOT CARRY ANY INTEREST. IN MFA NO. 7449/2015 BETWEEN: RAVI S/O NINGEGOWDA, AGED ABOUT 34 YEARS, R/AT NO.187, 7TH MAIN, NEAR KRISHNA BAKERY NARASIPURA LAYOUT, VIDYARANYAPURAR BANGALORE-97 ...APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. THE MANAGER SHRIRAM GNERAL INSURANCE CO. LTD., - 3 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 S.N.S. CORNER BUILDING, 3RD FLOOR, OPP BOWRING HOSPITAL SHIVAJINAGAR, BANGALORE-27 2. MR.SHABEER AHAMED S/O BASHEER AHAMED 1ST CROSS, BASAVANAGUDI, GUTHAL ROAD, MANDYA-571 401 3. MR. MUNILINGACHAR S/O SIDDACHAR, KORBANAHALLI VILLAGE R DODDI POST, SOMANATHAPURA, SATHANUR HOBLI, KANAKAPURA, RAMANAGARA DISTRICT-581 453 ...RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R1 R3- SERVED AND UNREPRESENTED V/O/D 27/1/2020- NOTICE TO R2 IS H/S) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.07.2015 PASSED IN MVC NO.5518/2013 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, 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 judgment and award passed in M.V.C.No.5518/2013 dated 15.07.2015 by the XIX Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore, both the Insurance Company and the claimant are before this Court. The Insurance Company appeal is MFA. - 4 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 No.8543/2015 and the claimant appeal is MFA.No.7449/2015. The claim petition is filed seeking compensation of an amount of Rs.6,00,000/- for the injuries sustained in the motor vehicle accident. 2. It is the case of the claimant that on 20.09.2013 at about 4:45 p.m., the claimant was proceeded by riding the motorcycle. At that time a pick up van luggage auto rickshaw came with high speed in a rash and negligent manner from the opposite direction dashed to the motorcycle of the claimant. As a result claimant fell down and sustained injuries, he was taken to the hospital in an ambulance. After first aid he was shifted to KIMS Hospital. The claimant spent huge amount for treatment and other expenses. It is the case of the claimant that he was working as a cashier at Ishwarya Bar and Restaurant and earning Rs.6000/- per month and as per the evidence of the doctor he had sustained 40% disability to the limb and 12% to the whole body. The tribunal had taken Rs.6000/- as income and the tribunal had granted an amount of Rs.3,66,342/- as a compensation as per the table given below: - 5 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 Sl. No. Heads Compensation Awarded 1. Pain and agony : Rs. 50,000/- 2. Medical Expenses : Rs. 54,462/- 3. Disability : Rs. 1,46,880/- 4. Loss of income : Rs. 30,000/- 5. Food & nourishment : Rs. 40,000/- 6. Attendant charges : Rs. 15,000/- 7. Future medical expenses : Rs. 30,000/- TOTAL : Rs. 3,66,342/- 3. When it comes to the liability, the tribunal has held that the driver of the offending vehicle is having a license to drive a LMV non-transport vehicle and he was driving a transport vehicle as such insurance company is not liable to pay the compensation and when it comes to the compensation, it is said that there is a contributory negligence on the part of the claimant as he was not having a driving license and he has also contributed to the accident, the trial Court had fixed the contributory negligence to an extent of 25% on the claimant and accordingly directed the insurance company to pay 75% of Rs.3,66,342/- i.e., 2,47,756/-. - 6 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 4. Learned counsel appearing for the insurance company submits that the tribunal had fixed the liability on the insurance company in spite of the fact that the driver of the offending vehicle was not having a valid driving license. Further, it is submitted that the compensation that was awarded by the tribunal is on the higher side. 5.Learned counsel appearing for the respondent/ claimant submits that the tribunal had not granted reasonable compensation and there is no basis for fixing the contributory negligence and it is submitted that the compensation that is awarded is not just and reasonable. 6. Having heard the counsel on either side, perused the material on record. Coming to the liability, the trial Court had rightly held that the insurance company is liable to pay the compensation. In the light of the law laid down by the Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited1 with regard to transport and non-transport LMV license the Insurance Company is liable to pay the compensation and no interference is called for. 1 AIR 2017 SC 3668 - 7 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 7. Then coming to the contributory negligence, the trial Court had framed the issue, there was no discussion, no evidence just because the claimant is not having a driving license, that itself cannot be a ground to come to the conclusion that there is contributory negligence on part of the claimant. This court has perused the order, absolutely except framing the issues, the tribunal without any basis, without any discussion had fixed the contributory negligence on the claimant at 25%, without any findings. In view of the same, the said findings of the tribunal needs to be set aside, and then coming to the compensation learned counsel submits that no amount is granted under the head of the loss of amenities . Hence, this court is granting an amount of Rs.20,000/- towards amenities. The compensation granted by the tribunal on all other heads needs no interference. 8. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. - 8 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 9.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 agony Rs. 50,000/- 50,000/- 2. Medical Expenses Rs. 54,462/- 54,462/- 3. Disability Rs. 1,46,880/- 1,46,880/- 4. Loss of income Rs. 30,000/- 30,000/- 5. Food & nourishment Rs. 40,000/- 40,000/- 6. Attendant charges Rs. 15,000/- 15,000/- 7. Future medical expenses Rs. 30,000/- 30,000/- 8. Loss of amenities Rs. 00/- 20,000/- 9. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 3,66,342/- 3,96,342/- i. Accordingly, the appeal filed by the claimant MFA.No.7449/2015 is Partly Allowed by enhancing the compensation from an amount of Rs. 3,66,342/- to Rs. 3,96,342/-. The appeal of the Insurance Company MFA No. 8543/2015 is dismissed. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 9 - NC: 2025:KHC:13678 MFA No. 8543 of 2015 C/W MFA No. 7449 of 2015 iii. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. iv. Amount in deposit shall be forthwith transmitted 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. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 16