- 1 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 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.7392 OF 2022(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.5095 OF 2022(MV-I) IN MFA No. 7392/2022 BETWEEN: D.M. PRAJWAL, S/O D.C. MAHESH, AGED 20 YEARS, R/O DODDARAMPURA GOLLARAHATTI VILLAGE, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT. NOW R/A MALLASANDRA , KASABA HOBLI, TUMAKURU TOWN, TUMAKURU. …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. B.R.PRADEEP, S/O B.RAJANARASIMHAMURTHY, AGED 49 YEARS, SLR TRAVELS, RAMGOPAL CIRCLE, HULIYAR TOWN, C N HALLI TALUK, TUMAKURU DISTRICT - 572 218. 2. THE MANAGER IFFCO TOKIO GEN INSURANCE CO.LTD., SRI SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, 141, EAST OF NGEF LAYOUT, KASTURI NAGAR, BENGALURU - 560 084. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 …RESPONDENTS (BY SRI.RAGHU R, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.02.2022, PASSED IN MVC NO.832/2018, ON THE FILE OF THE III-ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5095/2022 BETWEEN: THE MANAGER, IFFCO TOKIO GIC LTD., CUSTOMER SERVICE CENTER, SRI SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, NGEF LAYOUT, KASTHURINAGAR, BENGALURU - 43. ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. D.M PRAJWAL, S/O D.C. MAHESH, AGED ABOUT 20 YEARS, R/AT DODDARAMANAPURA, GOLLARAHATTI VILLAGE, CHIKKANAKANAHALLI TALUK, TUMAKURU DISTRICT. NOW R/AT MALLASANDRA, KASABA HOBLI, TUMAKURU TOWN, TUMAKURU. 2. B.R. PRADEEP, S/O B. RAJANARASIMHAMURTHY, AGED ABOUT 49 YEARS, SLT TRAVELS, NEAR RAM GOPAL CIRCLE, HULIYAR TOWN, C.N.HALLI TALUK, TUMAKURU DISTRICT. ...RESPONDENTS - 3 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 (BY SRI.RAGHU R, ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED 20.03.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.02.2022 PASSED IN MVC NO.832/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.6,38,687/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.832/2018 dated 08.02.2022 by the Court of III Additional Senior Civil Judge and M.A.C.T., Tumakuru, the Insurance Company as well as claimant are before this Court. The claimant's appeal is M.F.A.No.7392/2022 and the Insurance Company's appeal is M.F.A.No.5095/2022. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. The injured was aged about 16 years and as per the doctor, he had sustained 45% disability to the limb and 15% to the whole body. The Tribunal had granted compensation as per the table given below: - 4 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 Towards compensation for pain & suffering undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and discomfort etc., and loss of amenities in life on account of permanent partial disability 3,00,000.00 Towards medical expenses 2,88,687.00 Towards nutrition, attendant and incidental charges 25,000.00 Towards discomfort, inconvenience & loss of income of parents during hospitalization 25,000.00 Total 6,38,687.00 3. When it comes to the liability, it is the case of the Insurance Company that the vehicle is not having a valid permit to fly the vehicle in the place where the accident had taken place. As such, it amounts to violation of the terms and conditions of the policy. Hence, the Insurance Company is not liable to pay the compensation. That was negatived by the Tribunal and the Tribunal has held that the Insurance Company is liable to pay the compensation. The Insurance Company is before this Court on the liability and the claimant is seeking enhancement of compensation. It is submitted that in respect of the very same accident, a batch of appeals were already ordered by the co-ordinate bench of this Court in M.F.A.No.3475/2022 C/w. M.F.A.No.841/2022 in the case - 5 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 of the Manager, IFFCO TOKIO GIC Ltd., vs. Mohasin Khan and another, wherein the Court has held that the Insurance Company is still liable to pay the compensation. In view of the same, the issue as far as the liability is concerned, is answered and the appeal of the Insurance Company is dismissed. 4. Coming to the compensation, the Tribunal had applied the judgment of the Hon'ble Apex Court in Master Mallikarjuna v. Divisional Manager, National Insurance Company Limited and another1 and learned counsel submits that the claimant was there in hospital for 34 days, but the Tribunal had granted Rs.25,000/- towards 'nutrition, attendant and incidental charges'. He also submits that he requires to have the compensation under the head of 'loss of amenities'. This Court had perused the judgment of the Hon'ble Apex Court in Master Mallikarjuna's case (supra). There is no such head of 'loss of amenities' and towards compensation for 'pain and suffering' under the first head, the Tribunal had rightly granted an amount of Rs.3,00,000/- and towards 'medical expenses' also as per the evidence, the Tribunal had 1 2013 ACJ 2445 - 6 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 granted an amount of Rs.2,88,687/-. Hence, as far as 'nutrition, attendant and incidental charges' are concerned, this Court is granting an amount of Rs.34,000/- for the 34 days of hospitalization. 5. 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. 6. 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. Towards compensation for pain & suffering undergone and to be suffered in future, mental and physical shock, hardship, inconvenience and discomfort etc., and loss of amenities in life on account of permanent partial disability. : Rs. 3,00,000.00 3,00,000.00 2. Towards medical : Rs. 2,88,687.00 2,88,687.00 2 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 expenses 3. Towards nutrition, attendant and incidental charges : Rs. 25,000.00 34,000.00 4. Towards discomfort, inconvenience & loss of income of parents during hospitalization : Rs. 25,000.00 25,000.00 5. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 6,38,687.00 6,57,687.00 Enhancement : Rs. 19,000.00 7. Altogether, the claimant is entitled for compensation of an amount of Rs.6,57,687/-. 8. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.6,38,687/- to Rs.6,57,687/-. Consequently, the appeal of 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) The respondent-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. - 8 - NC: 2025:KHC:14634 MFA No. 7392 of 2022 C/W MFA No. 5095 of 2022 iii) Amount in deposit, if any, shall be forthwith transferred to the Tribunal without delay. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 19