- 1 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.8520 OF 2022(MV-I) BETWEEN: AZEEB ULLA S/O. HINAYATH ULLA AGED ABOUT 20 YEARS, R/AT. GUNDLUPET TOWN. CHAMARAJANAGAR DISTRICT. MYSURU - 571 313. NOW R/AT: C/O. RAMESH, PALAHALLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. …APPELLANT (BY SRI. SANATH KUMARA K. M., ADVOCATE) AND: 1. HANUMANTHAIAH A., S/O. ANJANAPPA, MAJOR, R/AT #46, TEACHER'S EXTENSION BASAVESWARA BLICK, 5TH CROSS, SHAKTHI NAGARA, MYSORE - 570 029. 2. THE DIVISIONAL MANAGER, SRIRAMA GENERAL INSURANCE COMPANY, R/AT S/5, 2ND FLOOR, MUNREESH CHAMBER, INFANTRY ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; V/O. DATED 08.07.2025, NOTICE TO R1 DISPENSED WITH) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.10.2021 PASSED IN MVC NO.433/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.433/2016 dated 13.10.2021 whereby the Additional Senior Civil Judge MACT, Srirangapatna had granted compensation of an amount of Rs.7,31,537/- and 30% was fixed as contributory negligence, the claimant is before this Court. 2. It is the case of the claimant that on 13.02.2016 at about 9.30 p.m., near Govindaraj Petrol Bunk, at Gundlupet town, when the appellant was proceeding in a motor bike along with pillion rider, at that time the driver of the JCB bearing Reg.No.KA-55-M-7115 drove in a rash and negligent manner with high speed and dashed against the appellant's bike. As a result, appellant - 3 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 fell down along with the pillion rider and sustained injuries. Basing on the evidence, the Tribunal has granted the compensation as per the table given below: Heads Compensation Awarded 1. Pain, shock and agony : Rs. 60,000/- 2. Medical Expenses : Rs. 2,18,677/- 3. Food, diet, Nourishment, conveyance and other incidental charges : Rs. 25,000/- 4. Loss of income during treatment period : Rs. 28,500/- 5. Towards permanent disability : Rs. 3,69,360/- 6. Disappointment and discomfort and loss of amenities : Rs. 30,000/- TOTAL : Rs. 7,31,537/- Less 30% of amount due to contributory negligence : Rs. 2,19,461/- 3. Learned counsel appearing for the claimant submits that when the Doctor has given evidence that the claimant is suffering 55% disability where he has lost eyesight and intellectual impairment the Tribunal had taken disability at 1/3rd of it at 18% which is not correct. - 4 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 It is submitted that both the claimant as well as the driver of the JCB were not having the driving license. The Court had fastened the contributory negligence at 30% which is on the higher side and that is contrary to the judgment of the Hon'ble Apex Court. It is submitted that on other heads also the compensation that is awarded by the Tribunal under the head pain, shock and agony, for the food, diet, nourishment, conveyance and other incidental charges is on the lower side. It is submitted that towards loss of income during treatment period, the Tribunal had granted only for three months and it should have been for four months. Further, the Tribunal had not considered the future prospects. Considering the injuries sustained by the claimant and even under the head of loss of amenities also the amount that is granted by the Tribunal is on the lower side. Learned counsel appearing for respondent No.2 - insurance company submits that the Tribunal had rightly considered all these aspects and had rightly granted the compensation. It is submitted that as both the driver of - 5 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 the JCB and the claimant was not having the driving license, the Tribunal had considered the contributory negligence at 30% which is just and reasonable. He submits that there are no reasons to interfere with the well-considered order passed by the Tribunal. 4. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained the head injury SDH in right high parietal convexity with streaks of SAH extending to tentorial cerebelli. The fracture of left transverse process of C7 and T1 vertebrae, fracture of the left clavicle, fracture of left apical hemo pneumothorax, grade III and IV pelvic laceration. Along with that he has sustained other injuries. Considering the Injuries under the head of pain, shock and agony this Court is inclined to grant an amount of Rs.80,000/-. Then towards the medical expenses the Tribunal has rightly granted the compensation and there are no grounds to interfere. Then coming to the food, diet, nourishment conveyance and other incidental - 6 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 charges, considering the hospitalization this Court is granting an amount of Rs.50,000/-. Considering the income at Rs.9,500/-, the Tribunal had considered only three months. This Court is considering for four months and granting an amount of Rs.38,000/- towards loss of income during treatment period. Coming to the permanent disability, the doctor had opined that it is 55% disability but the Tribunal had taken 1/3rd of it. Considering the head injury and the intellectual impairment, this Court is inclined to consider the disability to the whole body at 40%. The accident had taken place in the year 2016, as per the table prepared by the Legal Services Authority, this Court is taking the income at Rs.9,500/- per month. The future prospects at 40%, would come to Rs.13,300/-. Claimant is entitled for an amount of Rs.11,49,120/- (Rs.13,300x12x18x40/100) towards loss of future income. Then Towards the loss of amenities, considering the injuries, this Court is granting an amount - 7 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 of Rs.80,000/-. The total compensation comes to Rs.16,15,797/-. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain, shock and agony : Rs. 60,000/- 80,000/- 2. Medical Expenses : Rs. 2,18,677/- 2,18,677/- 3. Food, diet, Nourishment, conveyance and other incidental charges : Rs. 25,000/- 50,000/- 4. Loss of income during the treatment period : Rs. 28,500/- 38,000/- 5. Towards permanent disability : Rs. 3,69,360/- 11,49,120/- 6. Disappointment and discomfort and loss of amenities : Rs. 30,000/- 80,000/- TOTAL : Rs. 7,31,537/- 16,15,797/- 5. Now coming to the contributory negligence, just because the claimant is not having the driving license that - 8 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 itself cannot be the ground for the Tribunal to fix the contributory negligence at 30%. This Court had perused the order and the manner in which the accident had taken place. This Court is inclined to fix the contributory negligence at 10%. In that case 10% would come to Rs.1,61,580/- then the claimant is entitled for an amount of Rs.14,54,217/-. 6. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation from an amount of Rs.5,12,076/- to Rs.14,54,217/- and the Insurance company is liable to pay the compensation. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The Tribunal has already passed an order of pay and recover and as such the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. iii) The apportionment of the amount shall be as per the order passed by the Tribunal. - 9 - HC-KAR NC: 2025:KHC:24713 MFA No. 8520 of 2022 iv) The respondent No.2 - 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. v) 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. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DS List No.: 2 Sl No.: 5