- 1 - HC-KAR NC: 2025:KHC:38388 MFA No. 1299 of 2020 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.1299 OF 2020(MV-I) BETWEEN: S MOHITH S/O T. S. SRINIVAS AGE ABOUT 24 YEARS FLA TNO 203 SAIRAM SOUDHA APARTMENT 11TH B CROSS, 30TH MAIN, NEAR OXFORD SCHOOL 1ST STAGE, J P NAGR BANGALORE PRESENTLY R/AT CHANNAPATNA VILLAGE HOLENARSIPURA ROAD KASABA HOBLI, HASSAN TALUK AND DISTRICT …APPELLANT (BY SRI. NARENDRA GOWDA, ADVOCATE) AND: NARAYANA GOWDA SINCE DECEASED BY HIS LR’S 1(a) HARISH N. S/O LATE NARAYANA GOWDA, AGED ABOUT 33 YEARS 1(b) GIRISH N. S/O LATE NARAYANA GOWDA AGED ABOUT 32 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38388 MFA No. 1299 of 2020 BOTH ARE R/AT NYAMANHALLI VILLAGE, MAVINAKERE POST, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT. 2. SRI RAM GENERAL INSURANCE CO. LTD 10003-E-8 RICO INDUSTRIAL AREA SITAPURA, JAIPUR RAJASTHAN – 302 022 REP. BY THE MANAGER SRIRAM GENERAL INSURANCE CO. LTD., S-5, 3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BANGALORE …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/O DATED 18.08.2025, NOTICE TO R1 (A& B) AMOUNTS DEEMED SERVICE OF NOTICE TO R1(A) & R1(B)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2019 PASSED IN MVC NO.1394/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN, 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 SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:38388 MFA No. 1299 of 2020 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1394/2017 dated 16.11.2019 by the II Additional Senior Civil Judge & Motor Accident Claims Tribunal at Hassan, the claimant is before this Court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.30,00,000/- for the injuries sustained by the claimant in the accident. The facts of the case are that on 26.04.2017 at about 3:30 p.m., when the claimant was traveling along the bypass road, while crossing near Indian Sticker Cutting shop, Hassan, the driver of the said lorry coming from behind, drove his vehicle with high speed in a rash and negligent manner, recklessly overtook the motorcycle and turned left without giving any indication and collided with the motorcycle of the claimant. As a result, the claimant fell down and sustained injuries. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 75,000/- - 4 - HC-KAR NC: 2025:KHC:38388 MFA No. 1299 of 2020 2. Medical Expenses : Rs. 2,60,679/- 3. Attendant, food, nourishment and traveling expenses : Rs. 50,000/- 4. Loss of amenities : Rs. 75,000/- TOTAL : Rs. 4,60,679/- 4. Learned counsel appearing for the appellant/claimant submits that that the Tribunal had not granted any amount towards loss of income during laid up period and loss of future earning. It is submitted that the injuries that are sustained by the claimant would have lot of impact on his future life. 5. An application is filed before this Court by the appellant under Order 41 Rule 27 of CPC whereby he has stated that he has spent lot of amounts for treatment and he is entitled for the same. It is submitted that the liability is fixed on the owner of the vehicle on the ground that the vehicle is not having a permit, as such, the owner is liable to pay the compensation. It is submitted that even if there is no permit, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle as he is a third party to the insurance. - 5 - HC-KAR NC: 2025:KHC:38388 MFA No. 1299 of 2020 6. Learned counsel appearing for respondent No.2/ Insurance Company submits that the application that is filed under Order 41 Rule 27 of CPC cannot be decided before this Court as it requires evidence. It is submitted that with regard to the disability, the evidence is not clear on hand and that also cannot be considered by this Court. 7. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, considering the fact that the claimant is a third party to the insurance, still the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. Hence, this Court deems it appropriate to remand the matter. 8. Accordingly, the appeal filed by the claimant is allowed and the award passed in MVC.No.1394/2017 dated 16.11.2019 by the II Additional Senior Civil Judge & Motor Accident Claims Tribunal at Hassan, is set aside and the matter is remanded back to the Tribunal for the limited purpose of computing the compensation. As far as the liability is concerned, pay and recover applies and Insurance Company - 6 - HC-KAR NC: 2025:KHC:38388 MFA No. 1299 of 2020 shall pay the compensation and recover the same from the owner of the vehicle. i. Without further notice, the parties shall appear before the Tribunal on 13.10.2025. ii. The Tribunal shall decide the matter within four months from 13.10.2025. iii. No Costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 13