- 1 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 482 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6608 OF 2023 (MV-I) IN MFA No. 482/2023 BETWEEN: SRI PURUSHOTHAM K.N., S/O NARAYANAGOWDA K.N., AGED ABOUT 25 YEARS, R/O KOUSHIKA VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT-573 201 …APPELLANT (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST STAGE, KRUTHIKA ARCADE, N.R.CIRCLE, HOLENARASIPURA ROAD, HASSAN-573 201 2. SRI PRATHAP D.K., S/O KUMAR, MAJOR, R/O DODDAKONDGULLA VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT-573 201 3. SRI GIRISH D.P., S/O PUTTEGOWDA, MAJOR, R/O DODDAHALADAHALLI VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT-573 201 4. SRI KARTHIK M.N., S/O NAGABHUSHAN, MAJOR, R/O NO.4/2, 13TH CROSS, PIPELINE ROAD, BINNIPET, BANGALORE-560 062 …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1 V/O/DATED: 07.02.2023- NOTICE TO R1 TO R4 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.10.2022 PASSED IN MVC NO.67/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6608/2023 BETWEEN: THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1ST STAGE, KRUTHIKA ARCADE, N.R. CIRCLE, HOLENARASIPURA ROAD, HASSAN NOW REP. BY THE MANAGER, RELIANCE GIC LTD., NO. 28, CENTENATRY BUILDING, 5TH FLOOR, M.G. ROAD, BANGALORE-560 011 ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. PURUSHOTHAM K.N., S/O. NARAYANAGOWDA K. N., AGED ABOUT 26 YEARS, R/O. KOUSHIKA VILLAGE, - 3 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 SHANTHIGRAMA HOBLI, HASSAN TALUK 2. PRATHAP D.K., S/O. KUMAR, MAJOR, R/O. DODDAKONDGULA VILLAGE, KASABA HOBLI, HASSAN TALUK 3. GIRISH D.P. S/O. PUTTEGOWDA, R/O. DODDAKONDGULA VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK 4. KARTHIK M.N., S/O. NAGABHUSHAN, MAJOR, R/O. NO. 4/2, 13TH CROSS, PIPELINE ROAD, BINNIPET, BANGALORE-560 062 ...RESPONDENTS (BY SRI. GIRISH B BALADARE, ADVOCATE FOR R1 R2 AND R3- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2022 PASSED IN MVC NO. 67/2019 ON THE FILE OF THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, AWARDING COMPENSATION OF RS.3,23,703/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. 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:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.67/2019 dated 10.10.2022 by the Addl. Senior Civil Judge and Additional MACT, Hassan, both the insurance company as well as the claimant are before this Court. The insurance company has filed MFA.No.6608/2023 questioning the liability and the claimant has filed MFA.No.482/2023 seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. The brief facts of the case are that on 23.08.2018 at about 8.45 a.m., petitioner was proceeding as a pillion rider along with his brother in a bike towards his village. While so proceeding, when he reached near Koushika village, on Hassan – Koushika road, the rider of the said motorcycle ridden the same in rash and negligent manner and dashed against the motorcycle bearing Reg.No. KA-13-EN- 6482 which was coming from opposite side. Due to which, the petitioner sustained fracture to his right foot fingers and - 5 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 sustained injuries to other parts of the body. Immediately after the accident, he was taken to Government Hospital, Hassan. 3. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Pain and Sufferings Rs. 55,000/- 2. Medical Expenses Rs. 98,143/- 3. Diet, Food, Nourishment, Conveyance and Attendant Charges Rs. 7,000/- 4. Loss of Future Income Rs. 1,42,560/- 5. Loss of income during the laid up period Rs. 11,000/- 6. Towards Loss of amenities Rs. 10,000/- Total Rs. 3,23,703/- 4. Learned counsel appearing for the appellant/claimant submits that the Tribunal had failed to consider the evidence on record and on all counts the compensation granted by the tribunal is on the lower side. It is submitted that the Tribunal ought to have granted a just and reasonable compensation. 5. Learned counsel appearing for the respondent No.1/insurance company submits that the policy is Act policy - 6 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 and as per that the pillion rider is not covered. It is stated that as per the judgment in National Insurance Co. Ltd., Vs. Balakrishnan & another1 in case of comprehensive policy, the pillion rider is covered. As this is an Act policy, the pillion rider’s liability is not covered and the insurance company is not liable to pay the compensation. 6. Learned counsel appearing for the claimant submits that tribunal had rightly held that the insurance company is liable to pay the compensation and there are no grounds to interfere. 7. In the claimant’s appeal they sought for dispensation of notice to respondent No.2-owner of the vehicle as he has remained exparte and in the appeal filed by the Insurance Company, notice to the owner of the vehicle is served. 8. Having heard the learned counsels on either side, perused the entire material on record. Considering the facts that it is the Act Policy and as the liability of the pillion rider is 1 (2013) 1 SCC 731 - 7 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 not covered, the insurance company is not liable to pay the compensation, it is the owner alone who is liable to pay. 9. Coming to the compensation, this accident had occurred in the year 2018. The claimant had sustained 2 grievous injuries. Under the head of pain and suffering this court is granting an amount of Rs.60,000/-.Towards Medical Expenses Tribunal had already granted an amount of Rs.98,143/- and no interference is called for. The claimant was there in the hospital for 14 days, hence under the head of Diet, Food and Nourishment this court is granting an amount of Rs.14,000/-. Coming to the loss of future income considering the year of accident as 2018, this court is taking Rs.12,500/- as income (12,500/- x 12 x 18 x 6/100) this court is granting an amount of Rs.1,62,000/-. Coming to the loss of income during the laid up period for 3 months (Rs.12,500/- x 3) Rs.37,500/- is granted. Coming to the loss of amenities, as the claimant had sustained disability at 6%, this court is granting an amount of Rs.15,000/-. 10. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA Vs. M. MALATHI - 8 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 AND ANOTHER2, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. Altogether the claimant is entitled for an amount of Rs.3,96,643/-. 11. The claimant is therefore entitled for the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings Rs. 55,000/- 60,000/- 2. Medical Expenses Rs. 98,143/- 98,143/- 3. Diet, Food, Nourishment, Conveyance and Attendant Charges Rs. 7,000/- 14,000/- 4. Loss of Future Income Rs. 1,42,560/- 1,62,000/- 5. Loss of income during the laid up period Rs. 11,000/- 37,500/- 6. Loss of Amenities Rs. 10,000/- 15,000/- 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 3,23,703/- 3,96,643/- i. Accordingly, appeal filed by the Insurance Company MFA.No.6608/2023 is Allowed and the insurance company is not liable to pay the compensation. 2 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:33259 MFA No. 482 of 2023 C/W MFA No. 6608 of 2023 ii. The appeal filed by the claimant MFA.No.482/2023 is partly allowed by enhancing the compensation from an amount of Rs.3,23,703/- to Rs.3,96,643/- and the owner of vehicle alone is liable to pay the compensation. iii. The enhanced amount shall carry interest at 6% per annum from the date of petition, till the date of realization. iv. Amount in deposit, the appellant/Insurance Company is at liberty to withdraw. v. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. vi. No Costs. vii. Pending Miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 31