- 1 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8470 OF 2018 (MV-I) BETWEEN: SRI. SHIVAKUMAR B.R S/O. RAJANNA T.N, AGED ABOUT 43 YEARS, R/AT NO. 41/1 K, "SAMRUDDI", OPP. MUNESHWAR TEMPLE, HANUMANTHANAGAR, SREEGANDHAKAVALU, BANGALORE - 91 …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. SHRIRAM GEN. INSURANCE CO. LTD., S-5, 3RD FLOOR, MONARCH CHAMBERS, OPP. INFANTARY WEDDING HALL, INFANTRY ROAD, BANGALORE - 01. 2. MR. MURTHY S S/O. LATE. SUBRAMANI, NO. 56, 3RD CROSS, 2ND MAIN, KEMPEGOWDA LAYOUT,BANGALORE - 58. …RESPONDENTS (BY SRI. ASHOKA H, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R1; VIDE ORDER DATED 25.06.2025, NOTICE TO R2 IS HELD SUFFICIENT) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09/08/2017, PASSED IN MVC NO.2320/2015, ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE XX ACMM., MEMBER, MACT, BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is preferred by the injured claimant against the judgment and award of the Tribunal dated 09.08.2017 passed MVC No.2320/2015 by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and MACT, Bengaluru ('for short Tribunal'), seeking modification and enhancement of the compensation from Rs.2,00,300/- to Rs.12,00,000/-. 3. The case of the petitioner is as under: That, on 24.01.2015 at about 4.30 p.m., petitioner was riding a motor cycle bearing Reg.No.KA-02-HA-9526, along with his wife and son, slowly and cautiously by - 3 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 observing all the traffic rules and regulations, when they reached near Muneshwara Temple Rajeevgandhinagara Main Road, Sunkadakatte, at that time a car bearing Reg.No.KA-01-AC-4622 was coming from opposite direction at a very high speed in rash and negligent manner, dashed against the petitioner. Due to impact, the petitioner fell down and sustained injuries. 4. The injured claimant filed claim petition claiming compensation of Rs.12,00,000/-. The Tribunal considering the oral and documentary evidence, granted Rs.2,00,300/- with interest at the rate of 8% p.a., from the date of petition, till deposit. 5. Aggrieved by the said order, this appeal is preferred by the injured claimant, contending that the driver of the respondent's vehicle consumed alcohol. The appellant being a third party, submits that the Insurance Company cannot be exonerated of its liability. It is further submitted that only a meager amount has been awarded towards pain and suffering, though the claimant was an inpatient for 13 days in three different hospitals and had - 4 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 undergone surgery, and higher amount ought to have been awarded under the head of 'loss of amenities'. 6. The claimant has produced medical bills to the extent of Rs.73,466/-, but the entire amount has not been granted on the ground of reimbursement. He was unable to attend to any work for at least four months, resulting in loss of earnings for the said period. It is further submitted that he requires one more surgery for removal of implants, for which an estimated sum of Rs.30,937/- is required towards medical expenses. 7. The appellant aged 40 years, was working as an Assistant Professor and earning Rs.66,670/- p.m., as evidenced by the salary certificate (Ex.P9). The appellant did not examine the doctor, however, as per Ex.P8 (wound certificate) and Ex.P11 (discharge summary), he sustained fracture of the shaft of the left femur, which is grievous in nature. He was admitted to the hospital on 24.01.2015 and discharged on 31.01.2015, thus he remained in the hospital for 8 days, during which he underwent internal fixation with interlocking nail of the left femur. - 5 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 8. Subsequently, he was again admitted on 27.06.2015 and discharged on 29.06.2015, thereby remaining in the hospital for 3 days for removal of the implants. Thereafter, due to severe pain in the left femur, he was admitted as an inpatient from 08.11.2015 to 09.11.2015 for a further period of 2 days. In total, he underwent inpatient treatment for 13 days for his left femur and was again operated upon with dynamization and interlocking nails. 9. The appellant has produced the wound certificate, discharge summary and 3-claim settlement vouchers at Ex.P8, P11 and P12 respectively. He has also produced 35 medical bills amounting to Rs.30,937/- at Ex.P13, which was granted under the head of medical expenses. The Tribunal further granted Rs.1,19,340/- towards loss of income during the treatment period. The amounts awarded under the 'heads of medical expenses and loss of income during the treatment period' are deemed to be sufficient, and therefore, no interference is called for. - 6 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 10. Considering the nature of the injuries sustained by the appellant, this Court finds it just and reasonable to grant an amount of Rs.15,000/- towards ‘injuries’, Rs.25,000/- towards ‘pain and suffering’, Rs.25,000/- towards ‘loss of amenities’, and Rs.30,000/- towards ‘Food and nourishment, Conveyance and Attendant charges’. Accordingly, the appellant is entitled to enhanced compensation under the following heads: Particulars Awarded by the MACT Rs. Awarded by this High Court Rs. Injuries - 15,000/- Pain and suffering 20,000/- 25,000/- Medical expenses 30,937/- 30,937/- Food and nourishment, Conveyance and Attendant charges, 20,000/- 30,000/- Loss of income during the treatment period 1,19,340/- 1,19,340/- Loss of amenities of life and disability 10,000/- 25,000/- Total 2,00,277/- 2,45,277/- - 7 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 11. Thus, the appellant is entitled to a total compensation of Rs.2,45,277/- as against Rs.2,00,300/- awarded by the Tribunal, with interest at 8% p.a., within a period of one month from the date of this order. 12. While petitioner was riding motorcycle bearing No.KA-02-HA-9526 along with his wife and son, a car bearing No.KA-01-AC-4622 came from opposite direction in a rash and negligent manner and dashed against the petitioner. As a result, he fell down and sustained injuries. The driver of the car was in a drunken condition and was charge-sheeted under Section 185 and 3(1) r/w 181 of the Motor Vehicles Act. The owner of the offending vehicle was also charge-sheeted under Section 5 r/w 180 of the Motor Vehicles Act for entrusting the vehicle to such a person. 13. The Insurance Company/respondent No.1 has relied upon the judgment of this Court in the Oriental Insurance Co. Ltd. vs. Sri Pratik Kumar Tripathy, in MFA No.4090/2016, dated 03.07.2025, wherein after - 8 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 considering earlier judgments, it was held that in cases of 'drink and drive', the Insurance Company shall pay the compensation to the third party and recover the same from the owner of the vehicle and thus, the Insurance Company was directed to deposit the compensation amount. 14. This Court finds it just and reasonable to direct the Insurance Company to deposit the compensation, with a liberty to recover the same from the owner of the vehicle by due process of law. Accordingly, I pass the following: ORDER 1. The appeal is allowed-in-part. 2. The compensation awarded by the Tribunal is modified and re-assessed as indicated above. 3. The Insurance Company/respondent No.1 is directed to deposit a sum of Rs.2,45,277/- with interest at 8% p.a., within a period of one month from the date of this order, with liberty to - 9 - HC-KAR NC: 2025:KHC:36879 MFA No. 8470 of 2018 recover the same from the owner of the vehicle, by due process of law. 4. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 30 CT: BHK