- 1 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 2977 OF 2017 (MV-I) BETWEEN: SRI. RAGHU C.G., S/O GURURAJ @ NAGARAJEGOWDA, AGED ABOUT 29 YEARS, R/A FORT, MARIGUDI STREET, CHANNARAYAPATNA TOWN, HASSAN DISTRICT. …APPELLANT (BY SRI. KARUNAKARA, ADVOCATE FOR SRI. SATHISH KUMAR, ADVOCATE) AND: 1. SRI. H.A.KUMAR, S/O ANNAIAH, MAJOR, R/A NO.2005, GANDHINAGAR, H.N.PURA TOWN AND TALUK. (RC OWNER OF AUTORICKSHAW BEARING NO.KA-11-4380) 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., 1ST FLOOR, MADHU COMPLEX, MYSORE ROAD, CHANNARAYAPATNA TOWN. …RESPONDENTS (BY SRI. JAVEED S., ADVOCATE FOR R1; SRI. RAVISH BENNI, ADVOCATE FOR R2) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.06.2014 PASSED IN MVC NO.71/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. The appellant-claimant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award passed by the Senior Civil Judge and MACT, Channarayapatna (for short, Tribunal) in MVC.No.71/2012 dated 25.06.2014. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 4. Brief facts of the case are that, on 05.08.2011 around 3.30 pm, Sri Raghu C.G (hereinafter referred as the injured), was proceeding on his motor cycle bearing Reg.No.KA-17-R-3986 near Malekoppalu gate, Bagur road, at that time, the driver of auto-rickshaw bearing Reg.No.KA-11-4380 came in high speed, rash and negligent manner and dashed against the motor cycle. As a result of which, the appellant-claimant sustained grievous injuries and immediately he was shifted to Government Hospital, Channarayapatna and subsequently he was shifted to Government Hospital, Hassan and later shifted to SSM hospital, and later on the advice of the doctor, he was shifted to NIMHANS hospital, Bengaluru and later he was referred to Adichunchanagiri hospital, Bellur Cross, where, he underwent surgery and continued to follow-up treatment and spent huge amount towards treatment, conveyance and nourishment. Thus, complaint was lodged, this led to registration of FIR and investigation. Later, the petitioner had filed claim petition - 4 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 before Tribunal, who allowed the claim petition in part. Hence this appeal. 5. Sri Sathish Kumar, learned counsel for the appellant vehemently contended that the Tribunal has awarded inadequate compensation. Though the claimant sustained two grievous injuries and four simple injuries, the Tribunal has awarded a sum of Rs.20,000/- under the head 'pain and sufferings' which is on meager side. 6. The Tribunal has not awarded any compensation under the head 'Transportation, food and nourishment and attendant charges', 'loss of amenities' and 'loss of income during laid-up period'. Hence, he prays to allow the appeal. 7. Sri Ravish Benni, learned counsel for respondent No.2, submits that, since the liability is fastened on respondent No.1, who is the owner of the offending vehicle, the Insurance Company is not liable to pay any compensation under any circumstances. - 5 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 8. We have perused the material available on record. Having heard the learned counsels for both the parties, the point that would arise for our consideration in the appeal is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? 9. We have perused the impugned judgment and award passed by the Tribunal. The Tribunal has fastened the entire liability on the owner of the offending vehicle. 10. In the instant case, the owner has neither appeared before this Court nor before the Tribunal. Hence, he has been placed ex-parte. 11. Insofar as the quantum of compensation is concerned, the Tribunal has awarded a sum of Rs.20,000/- towards 'pain and sufferings' which is on lower side. From perusal of Ex.P-4, the Wound Certificate, the claimant sustained in all six injuries. Amongst, six injuries, injuries 4 and 6 are grievous in nature and injuries Nos.1, 2, 3 and - 6 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 5 are simple in nature. It is settled law that, for one grievous injury, the claimant is entitled for Rs.40,000/- and for one additional grievous injury the claimant is entitled for Rs.10,000/- and Rs. 5000/- each for other simple injuries. Thus, in all, he is entitled for Rs.70,000/- against Rs.20,000/- under the head 'pain and sufferings' awarded by the Tribunal. 12. The Tribunal has awarded a sum of Rs.55,000/- towards 'Medical, conveyance, nourishment expenses', which is fair and reasonable. Hence, no interference is called for in that regard. 13. The Tribunal has awarded a sum of Rs.30,000/- towards 'Disability', Rs.10,000/- towards 'Future medical expenses', which are fair and reasonable. Hence, no interference is called for in that regard. 14. The Tribunal has awarded a sum of Rs.10,000/- towards 'Loss of amenities and enjoyment of life', which is on meager side. Hence, considering the nature of injuries - 7 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 sustained by the claimant and the period of treatment he underwent, we grant an additional sum of Rs.20,000/- under this head. Thus, in all the claimant is entitled for Rs.30,000/- under the head 'Loss of amenities and enjoyment of life'. 15. The Tribunal has not granted any compensation under the head 'Conveyance, food, nourishment and attendant charges'. Hence, Rs.30,000/- is granted under this head. 16. Thus, the claimant is entitled for the following compensation: HEADS Rs. Pain and sufferings 70,000 Medical expenses 55,000 Disability 30,000 Future Medical expenses 10,000 Loss of amenities and enjoyment of life 30,000 Conveyance, Food, nourishment and attendant charges 30,000 TOTAL 2,25,000 Less: Compensation awarded by the Tribunal 1,25,000 ENHANCED COMPENSATION 1,00,000 - 8 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 17. Accordingly, we pass the following O R D E R i. The appeal is allowed-in-part. ii. The judgment and award dated 25.06.2014 in MVC No.71/2012 passed by the Senior Civil Judge and MACT, Channarayapatna, is modified to the extent stated hereinabove. iii. The claimant is entitled for total compensation of Rs.2,25,000/- (Rupees Two Lakh Twenty Five Thousand only) as against Rs.1,25,000/- awarded by the Tribunal. iv. The enhanced compensation amount shall carry interest at 6% per annum from the date of filing of petition till date of its realization. However, the appellant-claimant is not entitled for interest for the delayed period of 904 days. - 9 - HC-KAR NC: 2025:KHC:36272-DB MFA No. 2977 of 2017 v. In so far as liability is concerned, respondent No.2-the owner of the offending vehicle is liable to pay the entire compensation before the Tribunal together with interest at the rate of 6% per annum within a period of six weeks from today. vi. No order as to costs. In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off. Registry is directed to send back the records along with the copy of this judgment to Tribunal, forthwith. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 31