- 1 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 141 OF 2023 (MV-I) BETWEEN: UNITED INDIA GENERAL, INSURANCE CO. LTD., 2ND FLOOR, JEWEL PLAZA, MARUTHI VEETHIKA UDUPI, UDUPI TALUK AND DISTRICT, UDUPI - 576 104. REP. BY DIVISIONAL MANAGER. …APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR., ADVOCATE) AND: 1. MUNIRAJU @ RAJU AGED ABOUT 37 YEARS, S/O RAMAYYA R/AT 9TH BLOCK, KATIPALLA, MANGALORE DAKSHINA KANNADA DISTRICT, PIN 575 030. 2. SHAMEERABI AGED ABOUT 42 YEARS, W/O MOHAAD AKRAM SHEIK R/AT SAI RADHA PRIDE, FLAT NO. 301, THIRD FLOOR, D WING, CONVENT ROAD, BRAHMMAGIRI, UDUPI, UDUPI TALUK AND DISTRICT, PIN 576 213. …RESPONDENTS (BY SRI. PRASANNA K., ADVOCATE FOR R1, R2 - SERVED.) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.10.2022 PASSED IN MVC NO. 463/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM AND ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS.8,79,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT OF THE COMPENSATION AMOUNT BEFORE THE TRIBUNAL. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.463/2020 dated 01.10.2022 by the Principal Senior Civil Judge and Addl. MACT, Udupi, whereby the Tribunal had granted compensation of an amount of Rs.8,78,994/- which is rounded off to Rs.8,79,000/- and the liability is fixed on the insurance company, the insurance company is before this Court. 2. It is the case of the claimant that on 15.12.2019 at about 7.15 am., he was walking on the extreme left side of the Udupi-Malpe main road and reached near Adi-Udupi fish market, at that time two wheeler driven by its rider from Udupi Karavali junction towards Malpe side in a rash and negligent manner without proper care and signal and dashed against him. As a result he fell down on the road and sustained severe - 3 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 injuries. The accident occurred due to rash and negligent driving by the rider of the said two wheeler. Immediately, the claimant was taken to Adarsha hospital, Udupi and treated as an inpatient. The Tribunal had awarded compensation as the table given below: Sl. No. Heads Rs. Compensation awarded 1. Pain and suffering : Rs. 20,000/- 2. Loss of future earning capacity due to disability : Rs. 6,75,840/- 3. Medical expenses : Rs. 1,18,154/- 4. Future medical expenses : Rs. 25,000/- 5. Conveyance charges, Food, nourishment, attendant charges : Rs. 15,000/- 6. Loss of amenities and unhappiness : Rs. 15,000/- 7. Loss of income during laying period of inpatient : Rs. 10,000/- Total : Rs. 8,78,994/- It is rounded off to an amount of Rs.8,79,000/-. 3. Learned counsel appearing for the appellant/ Insurance Company submits that when the doctor had opined that the disability to the limb is 32%, the Tribunal had taken it as a whole body disability and granted the compensation. It is submitted that the compensation awarded by the Tribunal is on the higher side. Then coming to the liability, there is no dispute - 4 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 about the fact that the driver of the opposite vehicle is having a learner's license, but there was no pillion rider, who has to instruct him and who is having a driving licence to drive the vehicle. It is further submitted that on these counts, the appeal of the insurance company has to be allowed. 4. Learned counsel appearing for the respondent/ claimant submits that the Tribunal considering the work of the claimant i.e., as he is a Mason, the Tribunal had taken the whole body disability at 32%. Learned counsel had relied on the judgment of the Hon’ble Apex Court in the case of T.J. Parameshwarappa v. Branch Manager, New India Assurance Company Limited1. It is also submitted that the Tribunal under the other heads has not granted a just and reasonable compensation. Though there is no appeal preferred by them still considering the material on record, the Court can grant a just and reasonable compensation. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of liability, it is an undisputed fact that the driver of the offending 1(2022) 17 SCC 51 - 5 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 vehicle is having a learner's license and he is alone driving the vehicle. In that case, there is violation of the terms and conditions of the policy. The law laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Swaran Singh And Others2 applies to the facts of the case and the principle of pay and recover will apply. The insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 6. Then coming to the compensation, the claimant had sustained two fractures and the Tribunal had awarded an amount of Rs.20,000/- towards pain and sufferings. Though the claimants have not preferred the appeal, while the Court is considering the aspect of compensation, this Court has to balance the interest of the parties and as the Motor Vehicles Act, 1988 is the beneficial legislation. Hence, considering the two fractures the claimant had sustained, under the head of pain and sufferings, this Court is granting an amount of Rs.60,000/-. Coming to the disability, the Tribunal ought to have taken 1/3rd of the limb disability as whole body disability, then it comes to 11%, but the Tribunal had taken the income at 2 (2004) 3 SCC 297 - 6 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 Rs.11,000/- per month and the accident had taken place in the year 2019 and as per the table, this Court is taking the income at Rs.14,000/- per month (14,000X12X16X11/100). Hence, towards loss of future income, this Court is granting an amount of Rs.2,95,680/-. The Tribunal had granted medical expenses, future medical expenses and conveyance charges, food, nourishment, attendant charges as per the evidence and no interference is called for. Considering the disability at 11%, towards loss of amenities, this Court is granting an amount of Rs.30,000/-. Considering the hospitalization and the injuries sustained, towards loss of income during the laid up period, this Court is granting an amount of (14,000X3) Rs.42,000/-. 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensati on awarded by the Tribunal Compensati on awarded by this Court 1. Pain and sufferings : Rs. 20,000/- 60,000/- 2. Loss of future earning capacity due to disability : Rs. 6,75,840/- 2,95,680/- 3. Medical expenses : Rs. 1,18,154/- 1,18,154/- 4. Future medical : Rs. 25,000/- 25,000/- - 7 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 expenses 5. Conveyance charges, Food, nourishment, attendant charges : Rs. 15,000/- 15,000/- 6. Loss of amenities and unhappiness : Rs. 15,000/- 30,000/- 7. Loss of income during laying period of inpatient : Rs. 10,000/- 42,000/- Total : Rs. 8,78,994/- 5,85,834/- Reduced amount : Rs. 2,93,160/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.5,85,834/-. 9. Accordingly, the appeal of the Insurance company is partly allowed by reducing the compensation from an amount of Rs.8,78,994/- to Rs.5,85,834/- and the Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. i) The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) The apportionment of the amount shall be as per the order passed by the Tribunal. - 8 - HC-KAR NC: 2025:KHC:32646 MFA No. 141 of 2023 iv) The appellant/Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. v) 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. vi) 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. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 22