- 1 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 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.1630 OF 2021(MV-I) C/W MFA CROSS OBJECTION NO. 5 OF 2024 (MV-I) IN MFA No. 1630/2021 BETWEEN: THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KANTHARAJA URS ROAD, MAITHRI ARCADE, SARASWATHIPURAM, MYSURU, THROUGH ITS REGIONAL OFFICE, 5TH AND 6TH FLOORS, KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU – 560 001. REP. BY ITS MANAGER SMT. SREELEKHA …APPELLANT (BY SRI. KRISHNA KISHORE S., ADVOCATE) AND: 1. SRI SURESH, AGED ABOUT 45 YEARS, S/O NARASIMHAIAH, RESIDENT OF K R SAGARA VILLAGE, BELAGOLA HOBLI, S R PATNA TALUK, MANDYA DISTRICT 2. BASAVARAJU, MAJOR IN AGE, S/O NARAYANAGOWDA, RESIDING AT NO. 224, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 CHAMUNDESHWARI, HOOTAGALLI-1, MYSURU. …RESPONDENTS (BY SRI. SRINIVAS V., ADVOCATE FOR R1; R2 - SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.07.2020 PASSED IN MVC NO.438/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF RS.9,16,465/- WITH INTEREST AT 9 % P.A. FORM THE DATE OF PETITION TILL PAYMENT. IN MFA.CROB NO. 5/2024 BETWEEN: SURESH S/O NARASIMHAIAH AGED ABOUT 48 YEARS, R/AT K R SAGARA VILLAGE, BELAGOLA VILLAGE/HOBLI SRIRANGAPATNA TALUK – 571 438 MANDYA DISTRICT – 571 438 ...CROSS OBJECTOR (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. BASAVARAJU S/O NARAYANAGOWDA AGED ABOUT MAJOR R/AT NO 224, CHAMUNDESHWARI, HOOTAGALLI - 1 MYSORE – 570 001 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD KANTHARAJA URS ROAD, MYTHRI ORCADE SARASWATHIPURAM, MYSORE – 570 001 ...RESPONDENTS (BY SRI. KRISHNA KISHORE, ADVOCATE FOR R2 (VK NOT FILED)) - 3 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 THIS MFA CROB IS FILED U/O.41 RULE 22 R/W SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.07.2020 PASSED IN MVC NO.438/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL AND CROB, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.438/2017 dated 31.07.2020 by the Additional Senior Civil Judge, Srirangapatna, the Insurance Company is before this Court by filing MFA.No.1630/2021 and the claimant has filed MFA.CROB.No.5/2024 seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.24,30,000/- for the injuries sustained by the claimant. The facts of the case are that on 03.08.2016 at about 2:30 p.m., near Krishnaraja Sagara bridge, Srirangapatna Taluk, when the claimant was proceeding on a bike, the rider of the bike rode the same in a rash and negligent manner at high speed and dashed the claimant's motor bike. As a result, the claimant fell down along with motor bike and sustained injuries. - 4 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 3. The Tribunal had awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain, shock and agony : Rs. 80,000/- 2. Medical Expenses : Rs. 1,74,925/- 3. Food, diet, nourishment, conveyance and other incidental expenses : Rs. 3,000/- 4. Loss of income during treatment period : Rs. 19,500/- 5. Permanent disability : Rs. 5,99,040/- 6. Disappointment and discomfort and loss of amenities : Rs. 40,000/- TOTAL : Rs. 9,16,465/- 4. Learned counsel appearing for the Insurance Company submits that the driver of the vehicle was not having a valid driving licence and in fact they have filed an application asking the owner of the vehicle to produce the document. In spite of it, he has failed to produce the same and the Tribunal ought to have taken an adverse inference and ought to have held that there is no driving licence and ought to have applied the principle of pay and recover. - 5 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 5. Learned counsel appearing for the claimant submits that the compensation that is awarded is not just and reasonable compensation. It is submitted that the claimant had sustained six fracture injuries and the Tribunal had not granted reasonable amount under the head of pain, shock and agony. It is submitted that as per the evidence of the doctor, he had suffered 48% disability to the whole body. As the aged of the claimant is 42 years, the Tribunal ought to have taken the future prospects at 25%. It is further submitted that the Tribunal had taken the income at Rs.6,500/- per month and as this is an accident of the year 2016, the Tribunal ought to have taken the income of the claimant at Rs.9,500/- per month. It is submitted that the compensation that is awarded is not just and reasonable. 6. Having heard the learned counsels on either side, perused the entire material on record. This Court has perused the compensation that is awarded under different heads. Considering the six fracture injuries sustained by the claimant, under the head of the pain and suffering, this Court is granting an amount of Rs.1,00,000/-. Towards medical - 6 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 expenses, Food, diet, nourishment, conveyance and other incidental expenses, the Tribunal had rightly granted the compensation and no interference is called for. Coming to the loss of income during laid up period, as the accident had occurred in the year 2016, this Court is taking the income of the claimant at Rs.9,500/- per month and towards loss of income during treatment period, this Court is granting an amount of Rs.28,500/- (Rs.9,500x3). Coming to the loss of future income, the doctor had given evidence that the claimant had sustained 48% disability. As the age of the claimant is 42 years, future prospects has to be taken at 25% and it would come to an amount of Rs.2,375/- and the income comes to an amount of Rs.11,875/-. Hence, towards loss of future income due to permanent disability, this Court is granting an amount of Rs.10,94,400/- (Rs.11,875x12x16x48/100). Considering the disability of 48%, this Court is granting an amount of Rs.70,000/- 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 - 7 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 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 Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain, shock and agony : Rs. 80,000/- 1,00,000/- 2. Medical Expenses : Rs. 1,74,925/- 1,74,925/- 3. Food, diet, nourishment, conveyance and other incidental expenses : Rs. 3,000/- 3,000/- 4. Loss of income during treatment period : Rs. 19,500/- 28,500/- 5. Permanent disability : Rs. 5,99,040/- 10,94,400/- 6. Disappointment and discomfort and loss of amenities : Rs. 40,000/- 70,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 9,16,465/- 14,80,825/- Enhancement : Rs. 5,64,360/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 9. Accordingly, MFA.CROB.No.5/2024 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.9,16,465/- to Rs.14,80,825/-. 10. MFA.No.1630/2021 filed by the Insurance Company is partly allowed by reducing the interest from 9% to 6% p.a. i. The 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 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 without furnishing any security. 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. - 9 - HC-KAR NC: 2025:KHC:38384 MFA No. 1630 of 2021 C/W MFA.CROB No. 5 of 2024 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 10