- 1 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4090 OF 2024 C/W MISCELLANEOUS FIRST APPEAL NO. 5718 OF 2024 IN MFA No. 4090/2024 BETWEEN: SHRIRAMA GENERAL INSURANCE COMPANY LIMITED THROUGH ITS BRANCH MANAGER, SHIVAMOGGA, NOW REP BY THE BRANCH MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO. 5/4, 3RD FLOOR, S.V. ARCADE, DEVARACHIKKANAHALLI ROAD, BANNERUGHATTA MAIN RAOD, IIMB POST, BANGALORE, REPRESENTED BY ITS ASSISTANT MANAGER. …APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. FARHAN AHAMAD S/O. RIYAZ @ RIYAZ AHMAD, AGED ABOUT 25 YEARS, R/O. IDGA NAGAR, SAVANURU, HAVERI DISTRICT. 2. RIYAZ @ RIYAZ AHMAD S/O. LATE NISAR AHAMMAED, AGED ABOUT 60 YEARS, R/O. IDGA NAGAR, SAVANURU, HAVERI DISTRICT. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 3. SEVYANAIK S/O. LATE NAGYANAIK, AGED ABOUT 50 YEARS, R/O. KUNCHENAHALLI VILLAGE, SHIVAMOGGA TALUK AND DISTRICT. …RESPONDENTS (BY SRI. A.S. GIRISH., ADVOCATE R1 & R2 SRI. M.V.MAHESHWARAPPA., ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2024 PASSED IN MVC NO. 132/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT-I, SHIVAMOGGA, AWARDING COMPENSATION OF RS. 7,14,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AMOUNT INCLUDING THE INTERIM COMPENSATION IF ANY AWARDED. IN MFA NO. 5718/2024 BETWEEN: 1. FARHAN AHMAD S/O RIYAZ @ RIYAZ AHMAD AGED ABOUT 25 YEARS R/AT IDGA NAGAR, SAVANURU HAVERI DISTIRCT 581118 2. RIYAZ @ RIYAZ AHMAD S/O LATE NISAR AHAMMED AGED ABOUT 60 YEAR S R/AT IDGA NAGAR SAVANURU HAVERI DISTIRCT 581118 ...APPELLANTS (BY SRI. A.S. GIRISH., ADVOCATE) AND: 1. SEVYANAIK S/O LATE NAGYANAIK AGED ABOUT 50 YEARS R/O SHIVAMOGGA 57721 (DRIVER AND OWNER OF VEHICLE BEARING NO. KAW-14-A-9353) - 3 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 2. SRIRAMA GENERAL INSURANCE COMPANY LIMITED THROUGH ITS BRANCH MANAGER SHIVAMOGGA-577201 (INSURER OF VEHICLE BEARING NO. KA-14-A-9353) ...RESPONDENTS (BY NOTICE TO R1 IS D/W SRI. B C SHIVANNE GOWDA., ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2024 PASSED IN MVC NO.132/2019 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.132/2019 dated 28.03.2024 by the I Additional District Judge & MACT-I, Shivamogga, both the Insurance Company as well as the claimant are before this Court. The Insurance Company’s appeal is MFA.No.4090/2024 and the claimant’s appeal is MFA.No.5718/2024. 2. The Tribunal had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 SL. No. Heads Compensation Awarded 1. Pain, suffering & mental trauma : Rs. 50,000/- 2. Medical expenses : Rs. 22,800/- 3. Loss of income including future prospects on account of permanent disability : Rs. 5,29,200/- 4. Loss of earning during laid up period : Rs. 37,500/- 5. Transportation & attendant charges : Rs. 25,000/- 6. Food and nourishment : Rs. 25,000/- 7. Loss of amenities : Rs. 25,000/- TOTAL : Rs. 7,14,500/- 3. Learned counsel appearing for the claimant submits that the claimant had sustained severe head injuries and also a fracture. It is submitted that the Tribunal had not granted reasonable amount under the head of pain and suffering and loss of amenities in life. Further, it is submitted that when it is the doctor’s evidence that the claimant had sustained 43% disability, the Tribunal had considered the disability at 14%. It is submitted that he was a student of BAMS and because of the injuries and the disability that is sustained by the claimant, now he has joined in B.Com. It is submitted that the Tribunal ought - 5 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 to have taken the disability at 43%. It is submitted that under the head of loss of earning during laid up period, the amount that is awarded is not reasonable. 4. Learned counsel appearing for the Insurance Company submits that the offence was registered under Section 181 of the Motor Vehicle Act, the driver of the offending vehicle was not having a valid driving license to drive the particular category of goods vehicle involved in the accident, as such he has violated the terms and conditions of the policy. As such, the Insurance Company is not liable to pay the compensation. The Tribunal had held that the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle and the principle of pay and recover will apply. In the light of the law laid down by the Hon'ble Apex Court in case of Mukund Dewangan Vs. Oriental Insurance Company Ltd1, still the Insurance Company is liable to pay the compensation. Learned counsel submits that the claimant had deposed before the Tribunal, the disability as assessed by the doctor cannot be taken and the Tribunal had rightly considered 1 (2017) 14 SCC 663 - 6 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 all these aspects and had considered the disability at 14% and no interference is called for. It is submitted that when he was in hospital for 40 days, under the head of transportation and attendant charges and food and nourishment, the Tribunal had granted an amount of Rs.25,000/- each which is on the higher side. 5. Having heard the learned counsels on either side, perused the entire material on record. First coming to the liability, in the light of the law laid down in Mukund Dewangan's case, the Insurance Company is liable to pay the compensation and this Court finds no reason to interfere. Coming to the quantum of compensation, considering the injuries sustained by the claimant, this Court is granting an amount of Rs.70,000/- under the head of pain and suffering. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.22,800/- and no interference is called for. Coming to the loss of earning during laid up period, considering the 40 days of hospitalization, this Court is granting an amount of Rs.62,500/- (Rs.12,500x5). Towards transportation, attendant charges, food and - 7 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 nourishment, as rightly argued by the learned counsel appearing for the Insurance Company, as the claimant was in hospital for 40 days, this Court is granting an amount of Rs.40,000/-. Coming to the loss of future income, the Tribunal had rightly taken an amount of Rs.12,500/- per month as income. Coming to the disability, just because he is able to depose before the Tribunal, that itself cannot be a reason for the Tribunal to come to the conclusion that there is no disability. Considering the fact that he was admitted in the hospital and considering the impact of injury on the life of the claimant, this Court deems it appropriate to take the disability at 21%. The income of the claimant is taken at Rs.12,500/- per month and the future prospects at 40% will come to Rs.5,000/-. Then the income will come to Rs.17,500/- (Rs.12,500+Rs.5,000). Hence, towards loss of future income on account of permanent disability, this Court is granting an amount of Rs.7,93,800/- (Rs.17,500x12x18x 21/100). Towards loss of amenities in life, this Court is granting an amount of Rs.50,000/-. - 8 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain, suffering & mental trauma Rs. 50,000/- 70,000/- 2. Medical expenses Rs. 22,800/- 22,800/- 3. Loss of future income due to permanent disability Rs. 5,29,200/- 7,93,800/- 4. Loss of earning during laid up period Rs. 37,500/- 62,500/- 5. Transportation & attendant charges, food and nourishment Rs. 50,000/- 40,000/- 6. Loss of amenities in life Rs. 25,000/- 50,000/- 2 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 7,14,500/- 10,49,100/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.10,49,100/-. 9. Accordingly, MFA.No.5718/2024 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,14,500/- to Rs.10,49,100/-. 10. Accordingly, MFA.No.4090/2024 filed by the Insurance Company is dismissed. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. 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. iii. The amount in deposit shall be forthwith transmitted to the Tribunal. - 10 - HC-KAR NC: 2025:KHC:44586 MFA No. 4090 of 2024 C/W MFA No. 5718 of 2024 iv. The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 14