- 1 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 389 OF 2020 (MV-I) C/W MFA CROSS OBJECTION NO. 99 OF 2021 (MV-I) IN MFA No. 389/2020 BETWEEN: 1. RELIANCE GENERAL INSURANCE CO.LTD. NO.36-D KSRTC BUS STAND BN ROAD MYSORE REP BY -THE REGIONAL MANAGER NO.28/5, 5TH FLOOR REGIONAL OFFICE CENTENARY BUILDING MG ROAD BANGALORE-560001 …APPELLANT (BY SRI. D VIJAYAKUMAR., ADVOCATE) AND: 1. ABISHEK B U S/O B A UMESH AGED ABOUT 27 YEASR R/AT HOSLLINE ROAD NEAR DOUBLE TANK HASSAN-573 201 2. H V GOPALA S/O BETTAIAH AGED ABOUT 58 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 R/AT NEAR YELLAMMA TEMPLE HOSLINE ROAD PANDURANGA TEMPLE HASSAN CITY-573 201 …RESPONDENTS (BY SRI.KARTHIK V & NAGARJUN K B., ADVOCATE FOR R 1 R2- H V GOPALA - SD) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED.24.09.2019 PASSED IN MVC NO.1498/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, HASSAN, AWARDING COMPENSATION OF RS.4,96,622/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALISATION. IN MFA.CROB NO. 99/2021 BETWEEN: 1. ABHISHEK B.U. S/O B.A.UMESH NOW AGED ABOUT 27 YEARS R/AT HOSALINE ROAD, NEAR DOUBLE TANK, HASSAN CITY. ...CROSS OBJECTOR (BY SRI.RAGHU R., ADVOCATE) AND: 1. H.V.GOPAL S/O BETTAIAH NOW AGED ABOUT 58 YEARS R/AT NEAR YELLAMMA TEMPLE, HOSALINE RAOD, PANDURANGA TEMPLE HASSAN-573201. 2. THE RELIANCE GEN INS CO LTD THE MANAGER NO.36-D, KSRTC BUS STAND - 3 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 B.N.ROAD, MYSORE-570001. ...RESPONDENTS (BY SRI.D VIJAYAKUMAR., ADVOCATE FOR R2 R1-H V GOPAL- SD MFA.CROB FILED UNDER ORDER XLI RULE 22 OF THE CPC READ WITH SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.09.2019 PASSED IN MVC NO.1498/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND M.A.C.T., HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL AND MFA CROB., 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.1498/2017 dated 24.09.2019 by the III Additional District Judge and MACT, Hassan. Both claimant as well as Insurance Company are before this Court. 2. Insurance company has filed MFA.No.389/2020 and the claimant has filed MFA.CROB.No.99/2021 seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.25,00,000/- for the injury sustained by the claimant in the accident. - 4 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 3. It is a case of the Insurance Company that on 19.07.2007 at about 07.30 p.m. the claimant along with his friends was going in a Maruthi Omni car for work and after completion of their work they were departed to C.R.Patna at 10 p.m. and came near Mudanahally gate at N.H.75 B.M road, the driver of the said Omni Car has driven the said car in a rash and negligent manner, thereby the said Omni car was turtled towards the left side of the road and fell in drainage. The claimant was the inmate of the car sustained injuries to his right elbow and sustained grievous bleeding injuries on all the parts of the body. Immediately, he was consoled and shifted to NDRK Hospital Hassan in an unknown vehicle. There he was provided with first aid and thereafter he was shifted to Apollo Hospital, Bangalore. 4. The claimant has sustained fracture to his right hand, radius bone, wherein he has undergone surgery and rod was inserted. He has sustained crush injuries to his right forearm and 12.4 cms transverse cut lacerated wound over the mid and distal third junction volar aspect of the right forearm with visible cut ends of flexor tendons with contamination; 8x4 cms - 5 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 cut lacerated wound about 8 cms distal to first CLW. Radial and ulnar pulsations not palpable. Crepitus over radius, loss of sensation over median and ulnar nerve territory. The PW.3 being plastic surgeon has treated the patient and he has treated the wound debridement of right forearm with the flexor tendons repair, with medium nerve repair with wound partial closure and spin grafting with open reduction and external fixator application by ortho team was done. As per the doctor, he has a disability and there is a loss of muscle and grip strength-10%, loss of sensation; a.Index-6%, b.Middle finger- 3%, c.Thumb finger-3%, deformity and pain and cosmetic disfiguration-8%. The Orthopedic Surgeon has opined that disability to the limb is 20% and the Tribunal had taken 7% and granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of income due to disability Rs. 1,86,973.92/- 2. Loss of income during the laid up period Rs. 37,098/- 3. Pain and suffering Rs. 40,000/- 4. Medical Rs. 2,00,105.51/- - 6 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 expenses 5. Future medical expenses Rs. 20,000/- 6. Miscellaneuos expenses Rs. 12,444.49 TOTAL Rs. 4,96,621.92/- rounded off to Rs.4,96,622.00 5. Learned counsel appearing for the Insurance Company submits that the vehicle is not involved in the accident. In fact, the owner of the car i.e. Maruthi Omni in which the claimant was travelling has supported the case of the Insurance Company. The accident has taken place on 19.07.2017. The complaint is given on 24.07.2017. When the claimant is travelling along with his friends, only the claimant was injured and the other inmates were not injured. The delay in giving the complaint and the details of how, where and when the accident has happened is missing in the wound certificate dated 19.07.2017, which throws heavy amount of doubt whether the accident had taken place or not. It is submitted that even on 24.07.2017, the complaint is not given by the claimant, but it is given by the son of the owner of the vehicle. It is submitted that the vehicle is not involved in the accident and they are not - 7 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 liable to pay the compensation. When it comes to the compensation, it is submitted that the Tribunal ought not to have taken 8 % as disability. When it comes to the upper limb, it has to be taken as 1/4, but not 1/3. It is submitted that there is no loss of future earning. He is doing his work and he is not entitled for any amount under the head of loss of future earning. Further, even cosmetically also, there is no disability, there is no impact. It would not come in the way of marriage prospects of the claimant. It is submitted that on all counts, the compensation that is awarded is on the higher side and the same needs to be reduced. 6. Learned counsel appearing for the respondent/claimant submits that the Tribunal had not properly considered the evidence of the doctor and had not granted any amount for the loss of marriage. Further, the amount that is granted under the head of loss of amenities is not just and reasonable compensation. It is submitted that that on all accounts there needs to be enhancement of the compensation. 7. Having heard learned counsels on either side, perused the materials on record. First coming to the appeal filed by the - 8 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 Insurance Company on the ground of liability, the accident had taken place on 19.07.2017. Immediately on the same day he was taken to the NDRK Hospital and from there he was shifted to Apollo Hospital. As per the wound certificate, it shows that it is an alleged RTA and the claimant had sustained fracture injury. Thereafter, the complaint is given on 24.07.2017. The Police have filed the charge sheet against the driver of the vehicle. In those circumstances, the submission of the learned counsel appearing to the Insurance Company, this Court is not able to appreciate, and on prepondence of probability, the claimant could establish that the accident had taken place and the vehicle is involved in the accident and the accident had taken place because of the rash and negligent driving of the driver of the Maruthi Omni car. 8. Coming to the compensation, The Tribunal had considered the income at Rs.12,366/- basing on the evidence and considering the fracture, the Tribunal under the head of pain and suffering, loss of income during the laid up period, medical expenses and also future medical expenses, had granted a reasonable compensation basing on the evidence on - 9 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 record. Coming to the miscellaneous expenses, he was in hospital for 9 days and hence, this Court is granting an amount of Rs.10,000/-. Coming to the loss of future income due to disability, the Tribunal had rightly taken 7% as disability, the Tribunal had granted an amount of Rs.1,86,973.92/- and this Court is not inclined to interfere. This Court has perused the evidence of the doctor i.e. the plastic surgeon and the injuries that are sustained. Admittedly, the claimant is an unmarried person. In those circumstances, under the head of loss of amenities, this Court is granting an amount of Rs.50,000/-. 9. 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. 10. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of income Rs. 1,86,973.92/- 1,86,973/- 1 (2014) 11 SCC 178 - 10 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 due to disability 2. Loss of income during the laid up period Rs. 37,098/- 37,098/- 3. Pain and suffering Rs. 40,000/- 40,000/- 4. Medical expenses Rs. 2,00,105.51/- 2,00,105/- 5. Future medical expenses Rs. 20,000/- 20,000/- 6. Miscellaneous expenses Rs. 12,444.49/- 10,000/- 7 Loss of amenities Rs. 00/- 50,000/- 8. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 4,96,622/- 5,54,176/- 11. Accordingly, the appeal filed by the Insurance Company in MFA.No.389/2020 is dismissed. 12. MFA.CROB.No.99/2021 filed by the claimant is allowed by enhancing the compensation from an amount of Rs.4,96,622/- to Rs.5,54,176/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 11 - HC-KAR NC: 2025:KHC:32959 MFA No. 389 of 2020 C/W MFA.CROB No. 99 of 2021 ii. The amount in deposit shall be forthwith transferred to the Tribunal. On such deposit, the claimant is at liberty to withdraw the money. 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. 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. The apportionment of the amount shall be as per the order passed by the Tribunal. vi. No costs. vii. Pending I.As, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 3 Sl No.: 26