- 1 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.2097 OF 2024(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.8731 OF 2022(MV-I) IN MFA No. 2097/2024 BETWEEN: MR. VEERAMANI @ MANI S/O VEERASWAMY, AGED ABOUT 28 YEARS, RESIDING AT NO.551, CHELAKERE ANDRA MUNIYAPPA LAYOUT, BENGALURU - 560043 …APPELLANT (BY SRI. K.T. GURUDEVA PRASAD, ADVOCATE) AND: 1. M/S. TATA AIG GIC. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.69, 2ND FLOOR, J.P AND JAMBUKESHWAR ARCADE, NEAR ICICI FIRST SQUARE, MILLERS ROAD, BENGALURU - 560052. 2. MR. N.N. MUNIKRISHNA, S/O LATE. NANJA REDDY, NO.270, ITI LAYOUT, A. NARAYANAPURA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 DOORVANI NAGAR, BENGALURU – 560 016. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1 V/O DATED 07.11.2024, NOTICE TO R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2022 PASSED IN MVC NO.2386/2021 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-20), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8731/2022 BETWEEN: M/S TATA AIG GENERAL INSURANCE CO LTD., MOTO CLAIMS HUB NO.69, 2ND FLOOR, JP AND DEVI JAMBUKESHWAR ARCADE, NEAR ICICI FIRST SQUARE, MILLERS ROAD, BENGALURU-560052. REPRESENTED BY ITS ASSOCIATE VICE PRESIDENT ...APPELLANT (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE) AND: 1. SRI VEERAMANI @ MANI, S/O VEERASWAMY, AGED ABOUT 26 YEARS, R/O NO.551, - 3 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 R/O CHELAKERE, ANDRA MUNIYAPPA LAYOUT, BENGALURU-560043. 2. MR. M.N. MUNIKRISHNA, S/O. LATE NANJA REDDY, MAJOR IN AGE, R/O NO.270, ITI LAYOUT, A NARAYANAPURA, DOORAVANINAGAR, BENGALURU-560016. ...RESPONDENTS (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE FOR R1; SRI. N.N. MUNIKRISHNA, ADVOCATE FOR R2- SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2022 PASSED IN MVC.NO.2386/2021 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU, (SCCH-20), AWARDING COMPENSATION OF RS.10,87,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION OF THE ENTIRE AMOUNT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2386/2021 dated 24.08.2022 by the V Addl. Small Causes Judge and XXIV ACMM, Member, MACT, Bengaluru, the Insurance Company as well as the claimant are before this Court. The Insurance Company’s appeal is MFA.No.8731/2022 and the claimant’s appeal is MFA.No.2097/2024. The claim petition is filed by the claimant seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 21.02.2021 at about 11.00 pm., while the claimant was travelling as pillion rider in motor cycle on NH-207 road, sulibele hobli, Hoskote, the offending vehicle i.e., canter/eicher driven by its driver came at high speed and dashed to the motor cycle on which the claimant was travelling, where he sustained grievous injuries and the rider died on the spot. The claimant sustained about 7 fractures. The claimant was earning Rs.1,000/- per day as painter. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: - 5 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 Sl. No. Heads Rs. Compensation amount awarded 1. Pain and suffering Rs. 1,00,000/- 2. Medical expenses and hospital charges Rs. 1,18,000/- 3. Food and nourishment Rs. 11,000/- 4. Conveyance charges Rs. 11,000/- 5. Attendant charges Rs. 11,000/- 6. Loss of amenities Rs. 50,000/- 7. Loss of income during laid up period Rs. 85,500/- 8. Loss of future income Rs. 6,10,470/- 9. Future medical expenses Rs. 90,000/- Total Rs. 10,86,970/- 3. Learned counsel appearing for the Insurance Company submits that there is contributory negligence on the part of the rider of the motorcycle. The driver has deposed before the Tribunal that because of the negligence on the part of the rider the accident had occurred. It is submitted that the Tribunal had failed to fix the contributory negligence on the rider of the motorcycle and no other evidence is produced by the claimant. It is further submitted that when it comes to the quantum, the doctor, who had deposed before the Tribunal is the doctor who has given evidence regularly in all the cases. It is further submitted that when the claimant himself has deposed before the Tribunal that he is not suffering with any disability, he is alright and he is able to do his work, the - 6 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 Tribunal ought not to have granted any amount under the head of loss of future income. It is further submitted that on all the counts, the amount that is awarded by the Tribunal is on the higher side. 4. Learned counsel appearing for the claimant submits that the claimant is a pillion rider and there is no question of fixing contributory negligence on a pillion rider. It is submitted that the charge sheet is filed against the driver of the canter and basing on the evidence of the driver, no such insurance can be drawn by the Tribunal. It is further submitted that the compensation that is awarded by the Tribunal is not a just and reasonable compensation and that needs to be enhanced. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of contributory negligence, as rightly argued by the learned counsel for the claimant that there cannot be any contributory negligence on a pillion rider. For that the driver of the canter also cannot be considered because the police after a full- fledged enquiry had filed the charge sheet against the driver of the canter and there is nothing available on record to show that - 7 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 he has questioned the said charge sheet. In these circumstances, basing on the evidence available on record, this Court do not find any reasons to fix a contributory negligence on the claimant. 6. Coming to the compensation, under the head of pain and suffering, the Tribunal had rightly granted an amount of Rs.1,00,000/- and this Court is not interfering with the same. Towards medical expenses, hospital charges, food and nourishment, conveyance charges and attendant charges, the Tribunal had rightly granted the amount and this Court is not interfering with the same. As this accident had occurred in the year 2021, this Court is granting an amount of (15,000X6)=Rs.90,000/- towards loss of income during the laid up period. As rightly argued by the learned counsel appearing for the Insurance Company that the claimant is not entitled for any loss of future income as he had deposed that he has not suffered any disability, he is alright and he also continues the same work he was doing before the accident. Hence, the claimant is not entitled for loss of future income. Towards future medical expenses, basing on the evidence, the - 8 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 Tribunal had rightly granted the amount and this Court is not interfering with the same. Considering the fact that the claimant had sustained 7 fractures and also considering the evidence of the doctor, this Court is granting an amount of Rs.1,00,000/- towards loss of amenities. 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 Another1, 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 Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Pain and suffering Rs. 1,00,000/- 1,00,000/- 2. Medical expenses and hospital charges Rs. 1,18,000/- 1,18,000/- 3. Food and nourishment Rs. 11,000/- 11,000/- 4. Conveyance charges Rs. 11,000/- 11,000/- 5. Attendant charges Rs. 11,000/- 11,000/- 6. Loss of amenities Rs. 50,000/- 1,00,000/- 7. Loss of income during laid up period Rs. 85,500/- 90,000/- 8. Loss of future Rs. 6,10,470/- 00/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 income 9. Future medical expenses Rs. 90,000/- 90,000/- 10. Legal expenses Rs. 00/- 10,000/- Total Rs. 10,86,970/- 5,41,000/- Reduced amount Rs. 5,45,970/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.5,41,000/-. 10. Accordingly, MFA.No.2097/2024 filed by the claimant is dismissed. 11. Accordingly, MFA.No.8731/2022 filed by the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.10,86,970/- to Rs.5,41,000/-. i) The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The claimant is not entitled for interest on future medical expenses. iii) The apportionment of the amount shall be as per the order passed by the Tribunal. iv) The amount in deposit shall be forthwith transferred to the Tribunal. - 10 - HC-KAR NC: 2025:KHC:38835 MFA No. 2097 of 2024 C/W MFA No. 8731 of 2022 v) If any excess amount is deposited, the Insurance Company is at liberty to withdraw the same. vi) The 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. vii) 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. viii) No costs. ix) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 20