- 1 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5351 OF 2014 (MV) BETWEEN: 1. SHAFIULLA S/O ABDUL ROUFSAB, AGED ABOUT 47 YEARS, WORKING IN MANDAKKI BATTI, R/O IST CROSS, BEEDI LAYOUT, SIR MIRJA ISMAIL NAGAR, DAVANAGERE - 577 001. …APPELLANT (BY SRI. HEMANTH T.C., ADVOCATE FOR SRI. M.R.HIREMATHAD., ADVOCATE) AND: 1. HALESH NAIKA S/O CHANDRA NAIKA, AGED ABOUT 25 YEARS, DRIVER OF THE AUTORICKSHAW BEARING REG NO.KA-17-A-5953, R/O NAGARAKATTE VILLAGE, DAVANAGERE - 577 219. 2. RUDRESH S/O ANJINAMMA, AGED ABOUT 28 YEARS, OWNER OF AUTORICKSHAW BEARING REG NO.KA-17-A-5953, R/O KADLEBALU VILLAGE, DAVANAGERE - 577 219. 3. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO.LTD., #289/12, 2ND FLOOR, A.M.ARCADE, C.G.HOSPITAL ROAD, DAVANAGERE - 577 003. …RESPONDENTS (BY SRI. N.S.BHAT, ADVOCATE FOR SRI. R.B.DESHPANDE., ADVOCATE FOR R3 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 R1 & R2 SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.03.2014 PASSED IN MVC.NO.673/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & MACT-V, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.673/2012 dated 12.03.2014 by the I Additional Senior Civil Judge and MACT-V, Davanagere, the appellant/claimant is before this Court. The claim petition was filed seeking compensation of an amount of Rs.7,48,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the specific case of the claimant that on 06.03.2012 at about 06:30 p.m., he was proceeding on a motor cycle on Maganahalli Road, in front of Maszid A X Complex, at that time, respondent No.1 being the driver of the Auto came in a rash and negligent manner with high speed and dashed to the claimant's motor cycle from the back side, thereby caused the accident. Due to the said impact, the claimant sustained fracture to his right fibula and tibia. - 3 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 Immediately, he was taken to Navodaya hospital, Davanagere for treatment and he was treated as inpatient from 06.03.2012 to 16.03.2012 and still he is taking treatment. According to the claimant, he was earning an amount of Rs.7,500/- per month by doing work in Mandakki Bhatti. 3. The Trial Court has held that because of the negligence on the part of the driver of the autorickshaw the accident has happened. When it comes to the liability, the trial Court had observed that the evidence on record discloses that the driver was driving the passenger auto when it met with an accident. Ex.R.1 is the endorsement given by RTO Davanagere from where respondent No.1 obtained the driving license. As per the said endorsement respondent No.1 had a license to drive non-transport three wheeler vehicle for personal use and he cannot drive a transport vehicle. In the light of the same, the trial Court has held that the Insurance Company is not liable to pay the compensation. It is the owner who alone is liable to pay. 4. When it comes to the compensation, according to the doctor, the claimant had sustained 30% disability to the limb and 15% disability to the whole body and he had sustained the - 4 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 fracture of right tibia lower 3rd comminuted, fracture of right fibula, abrasion of right leg and abrasion over right knee, Trial Court considering the income of the claimant at Rs.4,500/- per month had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of future earnings : Rs. 1,13,400/- 2. Pain and suffering : Rs. 65,000/- 3. Loss of amenities & discomfort in life : Rs. 10,000/- 4. Medical expenses, attended charges & other incidental charges : Rs. 50,000/- 5. Loss of income during treatment and rest period : Rs. 13,600/- TOTAL : Rs. 2,52,000/- 5. Altogether, the Tribunal had granted compensation of an amount of Rs.2,52,000/-. Aggrieved thereby, the claimant is before this Court seeking enhancement of the compensation. 6. Learned counsel appearing for the appellant/claimant submits that in the light of the law laid down by the Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental - 5 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 Insurance Co. Limited1, the Insurance Company is liable to pay the compensation. When it comes to the income, he submits that as the accident had taken place in the year 2012, the Tribunal ought to have taken Rs.7,000/- per month as income. But in this case, the income is taken as Rs.4,500/- per month. It is submitted that when the claimant had sustained disability of 15% to the whole body, the amount that is granted towards loss of amenities & discomfort in life, medical expenses, attendant charges & other incidental expenses and loss of income during treatment and rest period is on the lower side. He submits that the compensation needs to be enhanced. 7. Learned counsel appearing for the respondent No.3/ Insurance Company submits that the claimant has not taken a ground with regard to the liability and the judgment of the Hon'ble Apex Court in the pleadings. It is submitted that the Tribunal had rightly held that the Insurance Company is not liable to pay the compensation and the compensation awarded is just and reasonable and no enhancement needs to be made. 1 AIR 2017 SC 3668 - 6 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 8. Having heard the learned counsels on either side, perused the entire material on record. The first issue is with regard to the liability. The driver of the Auto was having a driving license to drive a non-transport three wheeler and he was driving a transport vehicle. On that ground, the Insurance Company is exonerated from the liability by the Tribunal. In the light of the law laid down by the Hon'ble Apex Court in Mukund Dewangan's case, the Insurance Company is liable to pay the compensation. 9. Then coming to the compensation, under the head of pain and suffering, the Tribunal had granted reasonable amount. Coming to the loss of amenities & discomfort in life, considering the disability of 15% sustained by the claimant, this Court is inclined to grant an amount of Rs.20,000/- towards loss of amenities. As per the material placed on record, he has spent an amount of Rs.45,000/- towards medical expenses. Accordingly, an amount of Rs.45,000/- is granted towards medical expenses. Considering the hospitalization, this Court is granting an amount of Rs.20,000/- towards attendant charges and other incidental charges. Hence, under the head of medical expenses, attendant charges & - 7 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 other incidental charges, this Court is granting an amount of Rs.65,000/-. Coming to the loss of income during treatment and rest period, as this is an accident of the year 2012, this Court is taking the income of the claimant at Rs.7,000/- per month. For three months, an amount of Rs.21,000/- (Rs.7,000x3) is granted towards loss of income during treatment and rest period. Coming to the loss of future earnings, it will come to Rs.7,000x12x14x15/100 = Rs.1,76,400/-. 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 Another2, 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. Loss of future earnings : Rs. 1,13,400/- 1,76,400/- 2. Pain and suffering : Rs. 65,000/- 65,000/- 3. Loss of amenities & discomfort in life : Rs. 10,000/- 20,000/- 2 (2014) 11 SCC 178 - 8 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 4. Medical expenses, attended charges & other incidental charges : Rs. 50,000/- 65,000/- 5. Loss of income during treatment and rest period : Rs. 13,600/- 21,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,52,000/- 3,57,400/- Enhancement : Rs. 1,05,400/- 12. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation from an amount of Rs.2,52,000/- to Rs.3,57,400/- and the Insurance Company is liable to pay the compensation. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The respondent Nos.3 - 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. iii) 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. - 9 - NC: 2025:KHC:12084 MFA No. 5351 of 2014 iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 9