- 1 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 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. 822 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3057 OF 2022 (MV-I) IN MFA No. 822/2022 BETWEEN: UNITED INDIA INSURANCE CO. LTD., GOVINDA KRUPA, J.C.ROAD, SAGAR, SHIVAMOGGA REPRESENTED BY ITS DIVISIONAL MANAGER, NO.1137/947, ITS DIVISIONAL MANAGER, NO.1137/947, 2ND FLOOR, RUB BUILDING, AACIRCLE, BH ROAD, SHIVMOGGA-577 201 …APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE) AND: 1. NARAYANA S/O VENKATAPPA V., AGED ABOUT 43 YEARS, BAR BENKING WORK, R/O AYANUR KOTE TANDA, AYANUR, SHIVAMOGGA TALUK AND NOW R/O BEHIND SHANISWARA TEMPLE, RANGANATHA BADAVANE, KORAMARA KERI, GOPALA SHIVAMOGGA CITY-577 201 2. VEERESH R., S/O S.RAJASHEKAR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 AGED ABOUT 39 YEARS, R/O CHEGATTOR VILLAGE, JADE HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT-577 419 3. PARASURAM B., S/O BASAVANTHAPPA AGED ABOUT 38 YEARS, DRIVER, R/O JADEKALEGERE VILLAGE, JADE HOBLI, SORAB TALUK, SHIVAMOGGA DISTRICT-577 419 …RESPONDENTS (BY SRI. GANAPATHI NAIK KANGOD, ADVOCATE FOR R1 R2 & R3 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2021 PASSED IN MVC NO. 68/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, SHIVAMOGGA, AWARDING COMPENSATION OF RS. 5,30,350/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AMOUNT. IN MFA NO. 3057/2022 BETWEEN: NARAYAN NOW AGED 44 YEARS S/O VENKATAPPA V., BAR BENDING WORK R/O AYANUR KOTE TANDA AYANUR SHIVAMOGGA TALUK NOW R/O BEHIND SHANISHWARA TEMPLE, RANGANATHA BADAVANE, KORAMARA KERI GOPALA SHIVAMOGGA CITY -577 201 ...APPELLANT (BY SRI. GANAPATHI NAIK KANGOD, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 AND: 1. VEERESH R., NOW AGED 40 YEARS, S/O S.RAJASHEKAR R/O CHEGATOOR VILLAGE JADE HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577 201 2. PARASURAM B., S/O BASAVANTHAPPA NOW AGED 39 YEARS, DRIVER R/O JADEKALEGERE VILLAGE, JADE HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577 201 3. THE MANAGER M/S UNITED INDIA INSURANCE CO. LTD GOVINDA KRUPA, J.C.ROAD SAGAR SHIVAMOGGA-577 201 ...RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R3 V/O/D 27/03/2023- OTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.10.2021 PASSED IN MVC NO. 68/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.68/2018 dated 30.10.2021 by the I Addl. District Judge and Addl. MACT-I, Shivamogga, the Insurance Company as well as the claimant are before this Court. The Insurance Company’s appeal is MFA. No.822/2022 and the claimant’s appeal is MFA.No.3057/2022. The claim petition is filed by the claimant seeking compensation of an amount of Rs.25,20,000/- for the injuries sustained in the road traffic accident. 2. It is the case of the claimant that on 26.04.2016, the claimant was travelling from Ayanoor to Shivamogga at about 5.00 am., when he was moving near PESIT college, opposite to Police Layout, Shivamogga city, the driver of the lorry carelessly and negligently had parked the lorry on the road without flashing the parking assistive light or giving any caution signal and suddenly reversed back the same and dashed to the claimant who was coming in the said road in the same direction behind the said lorry due to which he sustained grievous fracture injuries to his both legs, head and other parts of his body and then he was admitted to Mc.Gann. Hospital, Shivamogga as inpatient and then shifted to Govt. Wenlock - 5 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 District Hospital, Mangalore where he took treatment as in patient from 26.04.2016 to 22.05.2016. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Pain and suffering Rs. 75,000/- 2. Medical expenses Rs. 91,600/- 3. Future medical expenses Rs. 20,000/- 4. Loss of income including future income on account of permanent disability Rs. 2,36,250/- 5. Loss of earning during laid up period Rs. 52,500/- 6. Transportation and attendant charges Rs. 25,000/- 7. Food and nourishment Rs. 10,000/- 8. Loss of expectation of life Rs. 10,000/- 9. Loss of amenities of life Rs. 10,000/- Total Rs. 5,30,350/- 3. Learned counsel appearing for the Insurance Company is mainly on the ground that there is contributory negligence on the part of the claimant, that aspect was not considered by the Tribunal. It is submitted that for the disability of 12%, the Tribunal had considered future prospects for which the claimant is not entitled. It is further submitted that compensation that is awarded by the Tribunal is on the higher side and there ought to have been contributory negligence on - 6 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 the part of the claimant. It is submitted that the Tribunal had taken the rate of interest at 7%, it has be reduced to 6% per annum. 4. Learned counsel appearing for the claimant submits that the Tribunal had rightly considered and rightly not fixed the contributory negligence as the accident had taken place because of the negligence on the part of the driver of the lorry who had not switched on the parking lights at 5.00 am. It is submitted that the compensation that is awarded by the Tribunal is not a just and reasonable compensation and that needs to be enhanced. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of contributory negligence, on 26.04.2016 the claimant was traveling at about 5.00 am., when he was moving near PESIT college, opposite to Police Layout, Shivamogga city, the driver of the lorry parked the lorry on the road without flashing the parking lights or giving any caution signals. The claimant had dashed to the same and sustained the injuries. This Court had perused the award passed by the Tribunal and the Tribunal had - 7 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 observed that driver of the lorry has pleaded guilty and the fact that at 5.00 am., as there was no parking lights on, it is the negligence of the driver of the said vehicle. The submission of the learned counsel for the Insurance Company that the lorry was parked on the service road but not on the main road, hence, there is contributory negligence on the part of the claimant. This Court is not able to appreciate the said contention. The lorry was parked on the service road and the claimant was also travelling on the service road, at 5.00 am. if the vehicle is parked without parking lights on, there is no possibility for the claimant to see the same unless he reaches the same. In those circumstances, this Court is not inclined to fasten the contributory negligence on the claimant that apart even the Tribunal had also acquitted the claimant. In those facts and circumstances, this Court do not find any reasons to fix the contributory negligence. 6. Coming to the compensation, considering one fracture injury, this Court is inclined to grant an amount of Rs.40,000/- towards pain and suffering. Towards medical expenses, the Tribunal had rightly granted the amount and this - 8 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 Court is not interfering with the same. Considering 150 days of hospitalization, this Court is taking for 7 months. Hence, this Court is granting an amount of (9,500X7)=Rs.66,500/- towards loss of income during the laid up period. Considering 150 days of hospitalization, towards food, nourishment, attendant and other incidental charges this Court is granting an amount of Rs.1,50,000/-. Coming to the loss of future income, as the Tribunal had already taken the disability at 12%, this Court finds no reasons to interfere. Hence, this Court is granting an amount of (9,500X12X15X12/100)=Rs.2,05,200/- towards loss of future income. Considering the disability at 12%, towards loss of amenities, this Court is granting an amount of Rs.30,000/-. 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 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 8. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Pain and suffering Rs. 75,000/- 40,000/- 2. Medical expenses Rs. 91,600/- 91,600/- 3. Future medical expenses Rs. 20,000/- 00/- 4. Loss of income including future income on account of permanent disability Rs. 2,36,250/- 2,05,200/- 5. Loss of earning during laid up period Rs. 52,500/- 66,500/- 6. Transportation and attendant charges Rs. 25,000/- 1,50,000/- 7. Food and nourishment Rs. 10,000/- 8. Loss of expectation of life Rs. 10,000/- 00/- 9. Loss of amenities of life Rs. 10,000/- 30,000/- 10. Legal expenses Rs. 00/- 10,000/- Total Rs. 5,30,350/- 5,93,300/- Enhanced amount Rs. 62,950/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.5,93,300/-. 10. Accordingly, MFA.No.822/2022 filed by the Insurance Company is partly allowed by reducing the rate of interest from 7% to 6% per annum. - 10 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 11. Accordingly, MFA.No.3057/2022 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,30,350/- to Rs.5,93,300/- and the Insurance Company shall pay the compensation amount. i) The entire 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 amount in deposit shall be forthwith transferred to the Tribunal. iv) The Insurance Company shall pay the compensation amount. 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. - 11 - HC-KAR NC: 2025:KHC:38593 MFA No. 822 of 2022 C/W MFA No. 3057 of 2022 vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 18