- 1 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 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. 6597 OF 2023 (MV-I) BETWEEN: SMT M.B.RADHA W/O H.A.MANJUNATHA, AGED ABOUT 43 YEARS, OCC: TAILOR R/AT 1ST CAMP ROAD, BYLAKUPPE, PERIYAPATTANA TALUK, MYSURU DIST -571 107 …APPELLANT (BY SRI. P.MAHADEVASWAMY, ADVOCATE) AND: 1. SRI B.S.MADHUKAR S/O SHIVANNA NAYAKA, AGED ABOUT 43 YEARS, R/AT BHUDHITHITTU VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT- 571 107 2. THE UNITED INDIA INS. CO. LTD., HUNSURU CLUB BUILDING, HUNSURU CLUB, HUNSURU TOWN -571 105 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 REPRESENTED BY MANAGER 3. SMT.PRABHAVATHI W/O SHIVANNANAYAKA, AGED ABOUT 55 YEARS, R/AT BHUDHITHITTU VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT -571 107 …RESPONDENTS (BY SMT.MANJULA N., ADVOCATE FOR SRI.N.TEJASWI, ADVOCATE FOR R2 R1 & R2 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.08.2022 PASSED IN MVC NO. 739/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.739/2017 dated 30.08.2022 by the Senior Civil Judge and MACT, Periyapatna, whereby the Tribunal had awarded the compensation of an amount of Rs.25,40,492/-. The claimant is before this Court seeking enhancement of the compensation as well as questioning the liability fastened on the owner of the vehicle. 2. The claim petition is filed seeking compensation of an amount of Rs.40,35,000/- for the injuries sustained by the claimant in the road traffic accident. It is the case of the claimant that on 15.06.2014 at about 12 noon, the claimant was travelling in a jeep along with other inmates heading towards Arale village on B.M. Road; at that time, the driver of Jeep drove the same in rash and negligent manner and dashed a pedestrian and jeep capsized resulting which she sustained injuries. She was shifted to JSS Hospital, Mysore, wherein she took treatment as inpatient. As on the date of accident, she was aged 38 years and according to the claimant, she was earning an amount of Rs.12,000/- per month. The evidence of the doctor is that as per the injuries sustained by the claimant - 4 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 in the accident, she is not able to sit, stand and move both legs. Loss of sensation below knee, she underwent posterior stabilization with pedicle screw fixation at D11, L1 with decompression of laminectomy on 18.06.2014 under general anesthesia. 3T MRI of dorso-lumbar spine shows that burst fracture of D12 vertebra with spinal canal compromise and cord contusion/edema at conus medullaris in cord region at D10 to L1 level. The doctor had stated that he treated the claimant for last time on 25.12.2018; on that day she was brought in a trolley and she was not in a position to sit and walk. Catheter was inserted. Motor power of hip joint was 2/5, knee joint was 1/5 and ankle joint was 0/5. He stated that no sensation present below the waist line, refluxes are absent, bowel sensation absent, bladder catherization. According to the doctor the disability is 75%, but the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Towards pain and suffering Rs. 3,00,000/- 2. Towards attendant charges, extra food and conveyance Rs. 3,60,000/- 3. Towards medical expenses Rs. 50,492/- 4. Loss of future income due to permanent disability Rs. 15,30,000/- - 5 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 5. Loss of future amenities and happiness Rs. 2,00,000/- 6. Towards future medical expenses Rs. 1,00,000/- Total Rs. 25,40,492/- 3. Learned counsel appearing for the claimant submits that as the claimant had lost the sensation in the limbs functionally the disability is 100% and considering the physical condition of the claimant, the Tribunal ought to have granted the compensation as per the law laid down by the Hon’ble Apex Court in the case of Kajal V/S Jagadish Chand & Ors.1. It is submitted that in these facts and circumstances, the liability needs to be fixed on the Insurance Company. 4. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal had rightly held that there is no liability as it is a statutory policy or Act policy or liability only policy, the Insurance Company is not liable to pay the compensation. 5. Having heard the learned counsels on either side, perused the material on record. As far as the liability is concerned, the Tribunal had rightly fixed the liability on the 1 AIR 2020 SC 776 - 6 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 owner of the vehicle considering the nature of the policy as it is a liability only policy and this Court finds no reasons to interfere with the well considered order passed by the Tribunal. 6. Then coming to the compensation, considering the injuries that are sustained by the claimant and 100% functional disability that is suffered by the claimant, in the light of the law laid down by the Hon’ble Apex Court in Kajal’s case referred supra, this Court is inclined to grant the compensation. The Tribunal had rightly granted an amount of Rs.50,492/- towards medical expenses and this Court is not interfering with the same. Towards loss of pain and suffering, this Court is granting an amount of Rs.5,00,000/-. Towards loss of earning to the family members this Court is granting an amount of (8,500X4)=Rs.34,000/-. As this accident had taken place in the year 2014, the income is Rs.8,500/- and 40% future prospects would come to an amount of Rs.3,400/-. Hence, this Court is granting an amount of (11,900X12X15X100/100)=Rs.21,42,000/- towards loss of future earnings. As continuously the claimant needs the attendant, which comes to an amount of (8,500X12)= - 7 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 Rs.1,02,000/- and the relevant multiplier is 15. Hence, this Court is granting an amount of (1,02,000X15)= Rs.15,30,000/- towards attendant charges. Towards loss of amenities this Court is granting an amount of Rs.5,00,000/-. The Tribunal had rightly granted an amount of Rs.1,00,000/- towards future medical expenses and this Court is not interfering with the same. 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 Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Towards pain and suffering Rs. 3,00,000/- 5,00,000/- 2. Towards attendant charges, extra food and conveyance Rs. 3,60,000/- 15,30,000/- 3. Towards medical expenses Rs. 50,492/- 50,492/- 4. Loss of future Rs. 15,30,000/- 21,42,000/- 2 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 income due to permanent disability 5. Loss of future earnings (Family) Rs. 00/- 34,000/- 6. Loss of future amenities and happiness Rs. 2,00,000/- 5,00,000/- 7. Towards future medical expenses Rs. 1,00,000/- 1,00,000/- 8. Legal expenses Rs. 00/- 10,000/- Total Rs. 25,40,492/- 48,66,492/- Enhanced amount Rs. 23,26,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.48,66,492/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.25,40,492/- to Rs.48,66,492/- and the owner of the vehicle 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 apportionment of the amount shall be as per the order passed by the Tribunal. iii) The owner of the vehicle shall pay the compensation amount. - 9 - HC-KAR NC: 2025:KHC:38595 MFA No. 6597 of 2023 iv) The compensation amount shall be deposited 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. v) 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. vi) On 15.04.2024, the delay of 298 days is condoned on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, the owner of the vehicle is not liable to pay the interest for the delayed period. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 19