- 1 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 23896 OF 2012 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 23183 OF 2012 MISCELLANEOUS FIRST APPEAL NO. 23184 OF 2012 IN MFA NO.23896 OF 2012: BETWEEN: THE MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., HAVING ITS OFFICE NEAR RPD CORNER, KHANAPUR ROAD, BELAGAVI, REPRESENTED BY MANAGER LEGAL ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., BELLAD BUILDING, GOKUL ROAD, HUBBALLI. … APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SAGAR S/O. ANNAPPA SATTI @ PAWALI, AGE: 20 YEARS, OCC: WATCHMAN AND STUDENT (NOW NIL), R/O: AINAPUR, TALUK: ATHANI, DIST: BELAGAVI. 2. MAHESH PANCHAYYA BENAKATTI, AGE: MAJOR, OCC: NOT KNOWN, R/O: DADAMATTI, TALUK AND DIST: BIJAPUR. … RESPONDENTS (BY SRI. VITTHAL S. TELI, ADVOCATE FOR R1; SRI. KIRAN ANGADI, ADVOCATE R2) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE JUDGMENT AND AWARD DATED: 02-04-2012 PASSED IN M.V.C. NO.2229/2011 ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE AND MACT- V, BELAGAVI. IN MFA NO.23183 OF 2012: BETWEEN: SRI. SAGAR S/O. ANNAPPA SATTI @ PAWALI, AGE: 20 YEARS, OCC: WATCHMAN AND STUDENT (NOW NIL), R/O: AINAPUR, TALUK: ATHANI, DIST: BELAGAVI. … APPELLANT (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SRI. MAHESH PANCHAYAA BENAKATTI, AGE: MAJOR, OCC: NOT KNOWN, R/O: DADAMATTI, TAL: AND DIST: BIJAPUR. 2. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, HAVING ITS OFFICE NEAR RPD CORNER, KHANAPUR ROAD, TILAKWADI, BELAGAVI. … RESPONDENTS (BY SRI. KIRAN ANGADI, ADVOCATE FOR R1; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 02.04.2012 PASSED IN MVC NO.2229/2011 ON THE FILE OF THE IV-ADDL. DISTRICT AND SESSIONS JUDGE AND MACT-V, BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 IN MFA NO.23184 OF 2012: BETWEEN: SRI. PUNDALIK S/O. KRISHNA HARALE, AGE: 29 YEARS, OCC: SERVICE/WATCHMAN (NOW NILL), R/O: AINAPUR, TQ: ATHANI, DIST: BELAGAVI. … APPELLANT (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SRI. MAHESH PANCHAYYA BENAKATTI, AGE: MAJOR, OCC: NOT KNOWN, R/O: DADAMATTI, TQ: AND DIST: BIJAPUR. 2. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, HAVING ITS OFFICE NEAR RPD CORNER, KHANAPUR ROAD, TILAKWADI, BELAGAVI. … RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED: 21-01-2012 PASSED IN MVC NO.1821/2011 ON THE FILE OF IV-ADDL. DISTRICT AND SESSIONS JUDGE AND MACT-V, BELAGAVI. THESE APPEALS, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.23896/2012 is filed by the Insurance Company challenging the judgment and award dated 02.04.2012 passed in MVC No.2229/2011 on the file IV Additional District and Sessions Judge and MACT-V, Belgavi1 questioning 50% liability fastened on it. Whereas, a pillion rider of the motorcycle bearing Reg.No.KA-24/E- 6001 has filed MFA No.23183/2012, seeking enhancement of compensation. 2. MFA No.23184/2012 is filed by the rider of the motorcycle bearing Reg.No.KA-24/E-6001 challenging the judgment and award dated 21.01.2012 passed in MVC No.1821/2011 on the file of IV Additional District and Sessions Judge and MACT-V, Belagavi, seeking enhancement of compensation as well as modification of 1 (hereinafter referred to as ‘the Tribunal’ for short) - 5 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 contributory negligence attributed at 20% on part of the rider of the motorcycle. Brief facts of the case: 3. On 29.06.2011, the claimant in MFA No.23183/2012 along with one Pundalik Harale (claimant in MFA No.23184/2012) was proceeding towards factory for attending his duty on the motorcycle bearing Reg.No.KA-24/E-6001. The claimant was a pillion rider and Pundalik Harale was rider on the said motorcycle. When the motorcycle came near Kempwad cross at 12.00 hours within the limits of Navlihal village, the driver of TATA Spacio vehicle bearing Reg.No.KA-28/M-9749 came from Athani side by driving the said vehicle in a high speed and in a rash and negligent manner and dashed to the motorcycle and caused the accident. Due to the said impact, both the rider and pillion rider of the motorcycle have sustained injuries. - 6 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 4. Upon the claim petition filed by both the rider and pillion rider, the Tribunal held that the rider of the motorcycle has contributed 20% of negligence and driver of TATA Spacio vehicle bearing Reg.No.KA-28/M-9749 has contributed contributory 80% of negligence to the accident. Thus, apportioned the rash and negligence between them. 5. So far as the claimant-pillion rider is concerned, it is the case of composite negligence. 6. The appeal is filed by the Insurance Company to the effect that in case of pillion rider, 20% of negligence attributed on part of the rider of the motorcycle therefore, the Insurance Company is not liable to pay to the extent at 20%, but the owner and insurer are not made as parties. Therefore, the Tribunal is justified directing the insurer of the TATA Spacio vehicle bearing Reg.No.KA- 28/M-9749 to pay entire compensation to the claimant in case of injures caused to the pillion rider. - 7 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 7. The Hon’ble Supreme Court in the case of KHENYEI Vs. NEW INDIA ASSURANCE COMPANY LIMITED AND OTHERS2, has held that in case of accident due to composite negligence, the claimant is at liberty to make claim either of the vehicles. In the present case, the owner and insurer of the motorcycle bearing Reg.No.KA-24/E-6001 are not made as parties. Therefore, the claimant in MFA No.23184/2012 is entitled to receive compensation from the appellant/insurer of TATA Spacio vehicle bearing Reg.No.KA-28/M-9749 and appellant/Insurance Company shall pay entire compensation to the claimant in case of pillion rider. Therefore, the appeal filed by the Insurance Company is liable to be dismissed. 8. In the absence of non-arraying the owner and insurer of the another tortfeasor, the Insurance Company cannot shirk its responsibility to pay entire compensation in case of composite negligence and in this regard, I place 2 (2015) 9 SCC 273 - 8 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 reliance on the Full Bench decision of this Court in the case of KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. ARUN @ ARAVIND3. Therefore, the appeal filed by the Insurance Company is liable to be dismissed. REGARDING QUANTUM OF COMPENSATION: IN MFA NO.23184/2012 (MVC NO.1821/2011): 9. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. i. Grievous injury to low back. ii. Grievous injury to head. iii. Grievous injury to right clacaneus. iv. Other injuries over the body. 10. The tribunal has awarded compensation under various heads as under: 1. Towards pain and suffering. Rs.5,000/- 2. Towards attendant charges, conveyance, nourishment and Rs.5,000/- 3 ILR 2004 KAR 26 - 9 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 loss of income during laid up period. 3. Towards medical expenses. Rs.22,400/- Total: Rs.32,400/- 11. Out of which, the Tribunal has held that the claimant is entitled for compensation of Rs.25,920/- since, 20% of contributory negligence attributed on part of the claimant-rider. 12. Considering the nature of injuries sustained, the compensation awarded by Tribunal is on the lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 13. Therefore, considering the nature of injuries sustained by the claimant, it is just and proper to award additional global compensation of Rs.10,000/-. Accordingly, the appellant/claimant is entitled to additional global compensation of Rs.10,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal. - 10 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 14. Therefore, the claimant is entitled for total compensation of Rs.35,920/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.25,920/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.23184/2012 (MVC No.2229/2011): 15. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. Fracture shaft femur right. ii. Fractrue supercondylar femur left with compound grade-IIIB. iii. Tibia fibula fracture with bone loss left. iv. Other injuries all over the body. 16. The tribunal has awarded compensation under various heads as under: 1. Towards pain and suffering. Rs.60,000/- 2. Towards medical expenses. Rs.2,48,000/- - 11 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 3. Towards loss of future income. Rs.64,800/- 4. Towards future medical expenses. Rs.10,000/- 5. Towards loss of amenities in the life and expectancy of life. Rs.15,000/- 6. Towards attendant charges, conveyance, nourishment. Rs.10,000/- 7. Towards loss of income during laid up period. Rs.10,000/- Total: Rs.4,17,800/- 17. Considering the nature of injuries sustained, compensation awarded by Tribunal on the heads pain and sufferings, medical expenses, future medical expenses, loss of amenities in the life and expectancy of life and towards attendant charges, conveyance and nourishment are found to be correct, but while awarding compensation under the head loss of future income and loss of income during laid-up period, the Tribunal has committed an error in taking notional income of the claimant. Therefore, the same is liable to be modified. 18. The doctor has stated that the claimant had suffered 20% of physical disability to the whole body. - 12 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the claimant had suffered fracture of shaft femur right, fracture supercondylar femur left with compound grade- IIIB, Tibia fibula fracture with bone loss left and other injuries all over body. 19. The accident is caused in the year 2011. Therefore, notional income of Rs.6,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 19 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,29,600/- (Rs.6,000/- x 10% x 12 x 18). 20. The claimant is entitled to a sum of Rs.12,000/- towards loss of income during laid-up period for two months as against Rs.10,000/- awarded by the Tribunal. - 13 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 21. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. Rs.60,000/- 2. Towards medical expenses. Rs.2,48,000/- 3. Towards loss of future income due to disability. Rs.1,29,600/- 4. Towards future medical expenses. Rs.10,000/- 5. Towards loss of amenities in life and expectancy of life. Rs.15,000/- 6. Towards attendant charges, conveyance, nourishment. Rs.10,000/- 7. Towards loss of income during laid up period. Rs.12,000/- Total: Rs.4,84,600/- 22. Therefore, the claimant is entitled for total compensation of Rs.4,84,600/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,17,800/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 23. In the result, I proceed to pass the following: - 14 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 ORDER i. The appeal in MFA No.23896/2012 filed by the Insurance Company is dismissed. ii. The appeals in MFA Nos.23183 and 23184 of 2012 filed by the pillion rider and rider of the motorcycle bearing Reg.No.KA- 24/E-6001 are allowed-in-part. iii. The judgment and award dated 02.04.2012 passed in MVC No.2229/2011 on the file IV Additional District and Sessions Judge and MACT-V, Belgavi, stands modified holding that the claimant is entitled enhanced compensation of Rs.4,84,600/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization as against Rs.4,17,800/- awarded by the Tribunal. iv. The judgment and award dated 21.01.2012 passed in MVC No.1821/2011 - 15 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 on the file of IV Additional District and Sessions Judge and MACT-V, Belagavi, stands modified holding that the claimant is entitled to enhanced compensation of Rs.42,400/- along with interest at the rate of 6% p.a. as against Rs.32,400/- awarded by the Tribunal from the date of petition till the date of realization. v. The Insurance Company is directed to deposit the compensation in both MFA Nos.23183 and 23184 of 2012 within eight weeks from the date of receipt of a certified copy of this judgment. vi. The apportionment of contributory negligence attributed on the rider of the motorcycle and driver of the TATA Specio vehicle is as per order of the Tribunal. - 16 - HC-KAR NC: 2025:KHC-D:8157 MFA No. 23896 of 2012 C/W MFA No. 23183 of 2012 MFA No. 23184 of 2012 vii. Registry is directed to send back the TCR along with copy of this judgment to the Tribunal. viii. Amount in deposit made by the Insurance Company shall be transmitted to the Tribunal. ix. No order as to costs. x. Draw modified award accordingly. In view of disposal of the appeals, pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 66