- 1 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2258 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1707 OF 2022 (MV-I) IN MFA No. 2258/2021 BETWEEN: KUM SAHANA B.M., D/O MALLIKARJUNA, AGED ABOUT 12 YEARS, SINCE MINOR REPT. BY NATURAL GUARDAIAN MOTHER BY NAME SMT.MAHADEVAMMA M.D. D/O DUNDAIAH, BABASABARA PALYA, KENGERI, BENGALURU NOW R/AT MARCHANAPURA VILLAGE, B.G.PURA HOBALLI, MALAVALLI TQ, MANDYA- 571 430 …APPELLANT (BY SRI. G.M.ANANDA, ADVOCATE) AND: 1. CHOLAMANDALAM GENERAL INSURANCE COMPANY LTD., THE MANAGER, LEVEL 6, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX, 4TH M BLOCK,RAJAJINAGARA BANGALORE -560 010 2. SRI M.GNANA AMBAL S/O MURUGESHAN, MAJOR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 R/O. MAILAMPATTI, PULIAMPATTI POST, POCHAMPALLI TALUK, PTHINAYANAPALLI B.O. KRISHNA NAGARI, TAMIL NADU -635 001 3. SHAIKH SHOAB S/O ABDUL MAJID SHAIKH, MAJOR, HOUSE NO.313, WARD NO.1, A.T.POST, VIADYA BAZAAR, NAGPUR CITY, NAGPURA DISTICT, MAHARASHATRA -440 002 4. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD., UNNATI ARCADE, 5/111 AND 6/112, 1ST FLOOR, 1ST BLOCK, DR.RAJKUMAR ROAD, (1ST MAIN NROAD) RAJAJINAGARA, BENGALURU-560 010 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R1 SRI.H.C.BETSUR, ADVOCATE FOR R4 V/O DATED: 04/06/2025- NOTICE TO R3 IS DISPENSED WITH R2- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 20.03.2019, PASSED IN MVC NO.791/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1707/2022 BETWEEN: SMT. MAHADEVAMMA M.D., W/O MALLIKARJUNA, AGED ABOUT 38 YEARS, BABASABARA PALYA, KENGERI, BENGALURU, R/AT MANCHANAPURA VILLAGE, B.G.PURA, HOBALI, MALAVALLI TALUK, BENGALURU ...APPELLANT (BY SMT.ASHA B.L., ADVOCATE FOR SRI. G.M.ANANDA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 AND: 1. CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED THE MANAGER, LEVEL 6, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX, 4TH M BLOCK, RAJAJINAGARA, BENGALURU-560 010 2. SRI M.GNANA AMBAL S/O MURUGESHAN, MAJOR, R/OMAILAMPATTI, PULIAMPATTI POST, POCHAMPALLI TALUK, POTHINAYANAPALLI B.O. KRISHNA NAGARI, TAMILNADU -635 001 3. SHAIKH SHOAB S/O ADUL MAJID SHAIKH, MAJOR, HOUSE NO.313, WARD NO.1, A.T.POST, VAIDYA BAZAAR, NAGPUR CITY, NAGPURA DISTICT, MAHARASHTRA -440 002 4. THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD, UNNATI ARCADE, 5/111 AND 6/112, 1ST FLOOR, 1ST BLOCK, DR. RAJKUMAR ROAD, RAJAJINAGARA BENGALURU-560 010 ...RESPONDENTS (BY SRI.H.C.BETSUR, ADVOCATE FOR R4 SRI.B.PRADEEP, ADVOCATE FOR R1 V/O/D: 06/06/2025- NOTICE TO R2 & R3 ARE DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 20.03.2019 PASSED IN MVC NO.792/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR - 4 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 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.Nos.791/2016 and 792/2016 dated 20.03.2019 by the Senior Civil Judge & MACT, Malavalli, the claimants in MVC.No.791/2016 and MVC.No.792/2016 are before this Court seeking enhancement of the compensation. 2. MVC.No.791/2016 was filed seeking compensation of an amount of Rs.21,20,000/- and MVC.No.792/2016 was filed seeking compensation of an amount of Rs.25,70,000/-. The facts of the case are that on 08.03.2016, the claimants came from M.M.Hills to Maddur and they were travelling in a goods canter from Maddur towards Bengaluru by sitting in the cabin. The canter was driven by its driver in a rash and negligent manner at high speed at about 10:45 p.m. in front of JVIT College, Bidadi and dashed against a goods canter which was parked on the middle of the road without any signal. The accident took place due to the rash and negligent driving at - 5 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 high speed of the goods canter and negligent parking of another goods canter. 3. The Tribunal had held that the principle of pay and recover will apply and the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. The same had been questioned by the Insurance Company before this Court. It is submitted that the Insurance Company has filed MFA.No.4104/2019 and the same came to be dismissed by this Court by confirming the order of the Tribunal. MFA.No.2258/2021 arising out of MVC.No.791/2016 4. In MVC.No.791/2016, the Tribunal had granted compensation of an amount of Rs.1,31,490/- which is rounded of to Rs.1,31,500/-. In this case, the claimant is a minor who is aged 7 years old and she had sustained the left lliac wing fracture, left clavicle fracture, B/L condylar fracture of mandible, multiple laceration over left posterior shoulder, punctured wound over left lower abdomen with foreign body. The guardian of the minor claimant was examined as PW.1 and no doctor was examined. The documents at Exs.P5, P23, P24 - 6 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 and OPD books at Exs.P25 to P27 reflects the nature of injuries she had sustained and the treatment she had taken at different hospitals. Considering the medical bills at Exs.P7 to P22, the Tribunal had granted an amount of Rs.16,490/- towards medical expenses, towards pain and sufferings, an amount of Rs.60,000/- and under the head of medical attendant, conveyance, nourishment and other incidental charges, an amount of Rs.30,000/- was granted and an amount of Rs.25,000/- was granted towards loss of amenities. Altogether, the Tribunal had granted compensation of an amount of Rs.1,31,490/-. 5. Learned counsel appearing for the claimants submits that considering the injuries sustained by the minor claimant, the Tribunal had failed to grant a reasonable compensation and it has to be enhanced on all the heads. 6. Learned counsel appearing for the Insurance Company submits that no doctor was examined and no evidence was produced and the Tribunal had rightly considered and granted the compensation and there are no grounds to interfere. - 7 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 7. Having heard the learned counsels on either side, perused the entire material on record. Considering the three fractures that are sustained by the claimant, under the head of pain and suffering, this Court is granting an amount of Rs.80,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.16,490/- and no interference is called for. Towards attendant, conveyance, nourishment and other incidental charges, this Court is granting an amount of Rs.11,000/-. The injured is a minor who is aged 7 years old and considering the loss of income to the parents, as this accident had happened in the year 2016, considering the income at Rs.9,500/- per month, towards loss of income to the parents, this Court is granting an amount of Rs.28,500/-. Considering the tender age, this Court is granting an amount of Rs.50,000/- towards loss of amenities. Towards future medical expenses, this Court is granting an amount of Rs.20,000/-. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M.Malathi and - 8 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 60,000/- 80,000/- 2. Medical Expenses : Rs. 16,490/- 16,490/- 3. Attendant, conveyance, nourishment and other incidental charges : Rs. 30,000/- 11,000/- 4. Loss of income to the parents : Rs. 00/- 28,500/- 5. Future medical expenses : Rs. 00/- 20,000/- 5. Loss of amenities : Rs. 25,000/- 50,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,31,490/- 2,15,990/- Enhancement : Rs. 84,500/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.2,15,990/-. 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 MFA.No.1707/2022 arising out of MVC.No.792/2016 11. In this case, the Tribunal had granted global compensation of an amount of an amount of Rs.40,000/-. It is the case of the claimant that the claimant had sustained grievous injuries to the left fore-arm and other parts of the body. It is found that an open reduction internal fixation to the left fore-arm is noticed to have done. But no other evidence is produced. She has produced medical bills for an amount of Rs.21,484/- and she was in the hospital for one day. Considering all these, the Tribunal had granted global compensation of an amount of Rs.40,000/-. 12. Learned counsel appearing for the claimant submits that the compensation needs to be enhanced. 13. Learned counsel appearing for the Insurance Company submits that reasonable compensation is granted by the Tribunal and no interference is called for. 14. Though the doctor was not examined, considering the medical bills and considering the grievous injury, this Court is granting global compensation of an amount of Rs.70,000/-. - 10 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 15. Accordingly, MFA.No.2258/2021 filed by the claimant in MVC.No.791/2016 is partly allowed by enhancing the compensation from an amount of Rs.1,31,490/- to Rs.2,15,990/-. 16. MFA.No.1707/2022 filed by the claimant in MVC.No.792/2016 is partly allowed by enhancing the compensation from an amount of Rs.40,000/- to Rs.70,000/-. i. The enhanced 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. v. No costs. - 11 - HC-KAR NC: 2025:KHC:37866 MFA No. 2258 of 2021 C/W MFA No. 1707 of 2022 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 23