- 1 - HC-KAR NC: 2025:KHC:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 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. 294 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.1320 OF 2021(MV-I) IN MFA No. 294/2021 BETWEEN: THE MANAGER SHRIRAM GIC LTD. NO.4/5, 3RD FLOOR, S.V.ARCADE, BILEKAHALLI MAIN ROAD, OPP. TO BANNERGHATTA ROAD, IIM POST, BANGALORE – 560 076 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. K V MANJUNATHA S/O VENKATARAMANAPPA, AGED ABOUT 36 YEARS, R/AT NO. 30, KODUR VILLAGE, LAKKUR POST AND HOBLI, MALUR TALUK KOLAR DISTRICT 2. SYED MUNAF S/O SYED GOUSE AGE MAJOR NO.216, 1ST PHASE, ANJANAPURA, AVALAHALLI BANGALORE – 62. 3. N. ANANDAN S/O R C NARASIMHAIAH, AGED ABOUT 43 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 NEAR RAILWAY STATION SUBHASH NAGAR MALUR TOWN, KOLAR DISTRICT (EXPARTE) 4. DENKANNACHARI S/O VENKATASOMACHARI NO.40, 3RD CROSS, ARREHALLI UTTARAHALLI HOBLI, BANGALORE – 61. (EXPARTE) …RESPONDENTS (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE FOR R1; R2 & R3 – SERVED; V/O DATED 11.07.2022 NOTICE TO R4 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2019 PASSED IN MVC NO. 1850/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4, AWARDING COMPENSATION OF RS.5,41,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 1320/2021 BETWEEN: SRI K V MANJUNATHA S/O VENKATARAMANAPPA AGED ABOUT 35 YEARS R/O NO.30, KODUR VILLAGE LAKKUR POST AND HOBLI, MALUR TLAUK KOLAR DISTRICT ...APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. SHRI SYED MUNAF S/O SYED GOUSE NO. 216, 1ST PHASE, ANJANAPURA, AVALAHALLI, BANGLAORE – 62. - 3 - HC-KAR NC: 2025:KHC:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 2. SRI N. ANANDAN S/O R.C. NARASIMHAIAH AGED ABOUT 43 YEARS NEAR RAILWAY STATION SUBHASH NAGAR, MALUR TOWN, KOLAR DISTRICT 3. SRI DENKANNACHARI S/O VENKATASOMACHARI NO. 40, 3RD CROSS ARREHALLI, UTTARAHALLI HOBLI, BANGLAORE – 61. 4. THE LEGAL MANAGER M/S SHRIRAM GENERAL INSURANCE CO LTD NO.4/5, 3RD FLOOR, S.V. ARCADE BILEKAHALLI MAIN ROAD, OPPOSITE TO BANNERGHATTA ROAD, INDIAN INSTITUTE OF MANAGEMENT POST BANGALORE – 560 076 ...RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R4; R2 – SERVED; V/O DATED 22.11.2024 NOTICE TO R1 IS H/S; V/O DATED 22.11.2024 NOTICE TO R3 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATE 05.11.2019 PASSED IN MVC NO.1850/2015 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, (SCCH-4), 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:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1850/2015 dated 05.11.2019 by the XVIII Additional Judge, Court of Small Causes and MACT, Bengaluru, both the Insurance Company and the claimant are before this Court. The Insurance Company's appeal is MFA.No.294/2021 and the claimant's appeal is MFA.No.1320/2020. 2. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 03.02.2015 at about 9:45 p.m., the claimant was returning from Malur towards Kodur village on his motor cycle, when he reached in front of Anjani Granites, Malur Hosur road, Malur Taluk, Kolar, at that time, one lorry driven by its driver in a rash and negligent manner came from opposite direction and hit to one Tata Sumo which was coming in front of him. Due to the said accident, the driver of Tata sumo lost his control and hit to the motor cycle of the claimant. As a result, the claimant sustained severe injuries all over his body. - 5 - HC-KAR NC: 2025:KHC:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 50,000/- 2. Medical Expenses : Rs. 98,000/- 3. Loss of income during laid up period : Rs. 50,000/- 4. Disability : Rs. 2,88,000/- 5. Food, nourishment and attendant charges : Rs. 15,000/- 6. Loss of future amenities and happiness : Rs. 40,000/- TOTAL : Rs. 5,41,000/- 4. Learned counsel appearing for the Insurance Company submits that the driver of the lorry was not having a valid driving licence. In that case, the principle of pay and recover will apply. But the Tribunal had failed to consider the same and granted the compensation. It is submitted that the compensation granted by the Tribunal on all the heads is on the higher side and it requires no enhancement. - 6 - HC-KAR NC: 2025:KHC:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 5. Learned counsel appearing for the claimant submits that the Tribunal had failed to grant just and reasonable compensation and it requires to be enhanced on all the counts. 6. Having heard the learned counsels on either side, perused the entire material on record. The charge sheet does not disclose Section 3(1) read with Section 181 of the IMV Act and there is no evidence on record that there is no valid driving licence. By examining the Investigating Officer who has filed the charge sheet, he cannot give evidence contrary to the charge sheet which is filed by him. In those circumstances, the evidence of the Investigating Officer will not enure to the benefit of the Insurance Company. In the considered opinion of this Court, the Tribunal had rightly held that the Insurance Company is liable to pay and this Court do not find any reason to apply the principle of pay and recover. Then coming to the compensation, this Court has perused the injuries that are sustained and the compensation that is awarded. On all the counts, reasonable compensation is awarded and it calls for no interference. - 7 - HC-KAR NC: 2025:KHC:38387 MFA No. 294 of 2021 C/W MFA No. 1320 of 2021 8. Accordingly, MFA.No.294/2021 filed by the Insurance Company and MFA.No.1320/2021 filed by the claimant are dismissed. i. The amount in deposit shall be forthwith transferred to the Tribunal. ii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment and the claimant can withdraw as apportioned by the Tribunal. iii. 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. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 14