- 1 - NC: 2025:KHC:14545 MFA No. 5933 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5933 OF 2014 (MV-I) BETWEEN: KUMAR T., S/O LATE THIMMAIAH AGED ABOUT 41 YEARS R/A NO.17, M.S. LAYOUT JARAGANAHALLI, J.P. NAGAR BANGALORE-560 078 …APPELLANT (BY SMT.BHUSHANI KUMAR, ADVOCATE) AND: 1. THE MANAGER RELIANCE GEN. INS. CO. LTD., NO.3, 1ST FLOOR, MANANDI PLAZA ST. MARKS ROAD BESIDE ST. MARKS HOTEL BANGALORE-560 001 2. MR. ANIL KUMAR V., S/O VISWANATHA REDDY NO.210, KUNTHALU REDDY LAYOUT JIGANI HOBLI, ANEKAL TALUK …RESPONDENTS (BY SRI.ASHOK N PATIL, ADVOCATE FOR R1 SRI. ABHINAY Y.T., ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.01.2013 PASSED IN MVC NO.2018/2013 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14545 MFA No. 5933 of 2014 THIS APPEAL, 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.2018/2013 dated 22.01.2014 by the XIX Addl. Senior Civil Judge and MACT, Bangalore, the claimant is before this court seeking enhancement of the compensation as well as the questioning the liability fixed on the owner of the vehicle. 2.The claim petition is filed seeking compensation of an amount of Rs.5,00,000/- whereby the tribunal had granted an amount of Rs.66,452/-. The tribunal on the ground that driver of the offending vehicle was not holding a valid driving license had held that the Insurance Company is not liable to pay the compensation, it is the owner alone who is liable to pay the compensation. 3. Coming to the compensation the tribunal has granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain and suffering : Rs. 50,000/- 2. Towards inpatient : Rs. 600/- - 3 - NC: 2025:KHC:14545 MFA No. 5933 of 2014 3. Medical expenses : Rs. 5,852/- 4. Loss of amenities : Rs. 10,000/- TOTAL : Rs. 66,452/- 4. Learned counsel for the appellant submits that the appellant is a 3rd party to the insurance policy and even if there is no valid driving license the principal of pay and recovery will apply and the Insurance Company is liable to pay the compensation. 5. The learned counsel for the respondent do not dispute the same, in the light of the law laid down in National Insurance Company Limited Vs. Swaran Singh And Others1, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 6. Having heard the learned counsels on either side, perused the material on record. Considering the fact that claimant had sustained five fractures, under the head of pain and suffering this Court is inclined to grant an amount of Rs.70,000/- and towards the other heads the tribunal had 1 (2004) 3 SCC 297 - 4 - NC: 2025:KHC:14545 MFA No. 5933 of 2014 rightly granted the compensation and no enhancement is called for. 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 Another2, 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: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 50,000/- 70,000/- 2. Towards inpatient : Rs. 600/- 600/- 3. Medical expenses : Rs. 5,852/- 5,852/- 4. Loss of amenities : Rs. 10,000/- 10,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 66,452/- 96,452/- Enhancement : Rs. 30,000/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.96,452/-. 2 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:14545 MFA No. 5933 of 2014 i. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.66452 /- to Rs.96452/. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The compensation amount shall be paid by the insurance company and recover the same from the owner of the vehicle. 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. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 10