- 1 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7387 OF 2023 (MV-D) BETWEEN: 1. KIRAN D.L. S/O SRI LAKKAIAH AGED ABOUT 21 YEARS 2. SRI LAKKAIAH S/O LATE KALAIAH AGED ABOUT 56 YEARS BOTH ARE R/O DADADAHALLI VILLAGE HONNAVALLI POST, ARKALGUD TALUK HASSAN DISTRICT-573 102 …APPELLANTS (BY SRI. MURTHY D.L., ADVOCATE) AND: 1. SRI. SOMAIAH S/O LATE THIMMAIAH AGED ABOUT 50 YEARS R/O MADALAPURA VILLAGE MALLIPATNA HOBLI ARAKALAGUD TALUK HASSAN DISTRICT-573 102 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, KRUTHIKA ARCADE N.R.CIRCLE, HOLENARASIPURA ROAD HASSAN-573 201 3. SMT. SHILPA @ PALLAVI W/O SRI KRISHNA AND D/O LATE GOWRAMMA AGED ABOUT 21 YEARS BANADAHALLI VILLAGE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 KASABA HOBLI ARAKALAGUD TALUK HASSAN DISTRICT-573 102 …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R2 SRI.RAVISHANKAR, ADVOCATE FOR R3 R1- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.08.2022 PASSED IN MVC NO.457/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.457/2019 dated 20.08.2022 by the Senior Civil Judge and Motor Accident Claims Tribunal, Arakalagud whereby the Tribunal had granted an amount of Rs.14,14,060/- and held that the owner is liable to pay the compensation. The claimants are before this Court questioning the liability as well as seeking enhancement of the compensation. 2. It is the case of the claimants that on 08.10.2018 at about 2.30 p.m., when the deceased Gowramma was proceeding as a pillion rider on a motorcycle bearing - 3 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 Reg.No.13/EN-5664 on Santhemaruru-Arakalagud road and when she reached near Pair Garden (Kuduthota), the rider of said motorcycle rode the same in a rash and negligent manner and in order to avoid dashing the motorcycle against a crossing buffalo, he lost control over the motorcycle due to which, Gowramma fell down and sustained grievous injuries to her body. After the accident, the injured was taken to Arakalagud and Hassan Government Hospitals and subsequently, she was shifted to Victoria Hospital, Bengaluru but she succumbed to the accidental injuries during the treatment. 3. The Tribunal has granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency Rs. 13,44,060/- 2. Loss of consortium Rs. 15,000/- 3. Love and Affection Rs. 30,000/- 4. Miscellaneous Expenses Rs. 5,000/- 5. Funeral Expenses Rs. 20,000/- TOTAL Rs. 14,14,060/- - 4 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 4. Learned counsel appearing for claimants submits that the accident had taken place in the year 2018. The Tribunal had taken the income at Rs.8,000/-. It should have taken income at Rs.12,500/- and future prospects were not awarded. The Tribunal ought to have awarded the future prospects. When it comes to the liability, it is submitted that the driver is not having a valid driving licence. In the light of the laid down by the Hon'ble Apex Court in SWARAN SINGH'S1, full citation along with the principle of pay and recover will apply and the Insurance Company is still liable to pay the compensation and recover the same from the owner of the vehicle but the Tribunal has failed to apply the same. 5. Learned counsel appearing to the respondent No.2/Insurance Company does not dispute the fact that even when there is variation of terms and conditions in the policy or in case where there is no valid driving license, the principle of pay and recovery will apply. With regard to the compensation, it is submitted that Tribunal has granted a just and reasonable compensation and no enhancement is called for. 1 2004 ACJ 1 - 5 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 6. Having heard the learned counsels on either side, perused the material on record. The reason on which the Tribunal has fixed the liability on the owner of the vehicle is on the ground that there is no valid driving license. This issue is no more res-integra in the light of the law laid down in the case of SWARAN SINGH case referred supra. Hence, the Insurance Company is liable to pay and recover the same from the owner of the offending vehicle. Coming to the compensation, the accident has occurred in the year 2018. Hence, the notional income ought to have been taken at Rs.12,500/- but Tribunal had taken Rs.8,000/-. This Court considering the chart prepared by the Legal Services Authority, taking the income at Rs.12,500/- as the age of the deceased is 38, future prospects at 40% comes to an amount of Rs.17,500/- (Rs.12,500+Rs.5,000). As there are 3 dependents, 1/3 has to be deducted towards the personal expenses. It comes to an amount of Rs.5,833/-. Then the contribution to the family is Rs.11,667/-. Hence, under the head of loss of dependency the claimants are entitled for an amount of Rs.21,00,060/- (Rs.11,667x12x15). Towards loss of consortium an amount - 6 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 of Rs.1,32,000/- (Rs.44,000x3) is granted. Towards funeral expenses an amount of Rs.36,000/- is granted. 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 claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 13,44,060/- 21,00,060/- 2. Loss of consortium Rs. 15,000/- 1,32,000/- 3. Love and Affection Rs. 30,000/- 00/- 4. Miscellaneous Expenses Rs. 5,000/- 00/- 5. Funeral Expenses Rs. 20,000/- 36,000/- 6. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 14,14,060/- 22,78,060/- Enhancement Rs. 8,64,000/- 2 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.14,14,060/- to Rs.22,78,060/-. 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. ii) The respondent No.2/Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. iii) The respondent No.2/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. iv) 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. v) On 22.08.2025, the delay of 347 days is condoned by this court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, - 8 - HC-KAR NC: 2025:KHC:32961 MFA No. 7387 of 2023 Insurance company is not liable to pay the interest for the delay period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ