- 1 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 4171 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 8180 OF 2013 (MV-I) IN MFA No. 4171/2015 BETWEEN: SRI P S JAGANATH S/O SRI. P.G. SEETHARAM, AGED ABOUT 25 YEARS, R/AT VENKATADRI NILAYA, KATARAKOLLI, PONNAMPET TOWN, VIRAJPET TLUK, S.KODAGU. &APPELLANT (BY SRI. S SUBRAMANYA., ADVOCATE) AND: 1. SRI S S SHAKUNI GOWDA, S/O SRI. SOMEGOWDA, AGED ABOUT 50 YEARS, R/T NO.1624/3, RAGHAVENDRA EXTENSION, MYSORE. 2. THE MANAGER M/S. UNITED INDIA INSURANCE COMPANY LTD., NO.2911, SUNDAR ARCADE, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 OPPOSITE SUBASH BUS STAND, B.N.ROAD, MYSORE-570 001. &RESPONDENTS (BY SRI. A N KRISHNA SWAMY., ADV. FOR R2, V/O DATED: 13/06/2023 APPEAL AGAINST R1 DISMISSED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 15.05.2013 PASSED IN MVC NO.73/2012 ON THE FILE OF THE COURT OF THE CIVIL JUDGE (SR.DN) & MACT, AT VIRAJPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8180/2013 BETWEEN: THE MANAGER, UNITED INDIA INSURANCE CO. LTD., NO.2911, SUNDAR ARCADE, OPP: SUBASH BUS STAND, B. N. ROAD, MYSORE-570001, NOW REPRESENTED BY REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, 5TH & 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, BANGALORE 560 001. ...APPELLANT (BY SRI. A N KRISHNASWAMY., ADVOCATE) AND: 1. P S JAGANATH S/O P G SEETHARAM NOW AGED ABOUT 24 YEARS, R/A VENKATADRI NILAYA - 3 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 KATARAKOLLI, PONNAMPET TOWN, VIRAJPET TALUK, S. KODAGU. 2. S S SHAKUNI GOWDA S/O SOMEGOWDA, NOW AGED ABOUT 49 YEARS R/A NO.1624/3, RAGHAVENDRA EXTENSION, MYSORE-570001. ...RESPONDENTS (BY SRI. S. SUBRAMANYA, ADV. FOR R1, R2 SERVED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 15.05.2013 PASSED IN MVC NO.73/2012 ON THE FILE OF THE CIVIL JUDGE(SR.DN), MACT, VIRAJPET, AWARDING COMPENSATION OF Rs.3,66,314/- WITH INTEREST OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE G BASAVARAJA) These appeals are against the Judgment and award dated 15th May 2013 passed in MVC No.73 of 2012 by the City Civil Judge (Sr.Dn.) and Motor Accident Claims Tribunal at Virajpet (for short hereinafter referred to as "Tribunal"). - 4 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 2. MFA No.4171 of 2015 is preferred by claimant seeking enhancement in compensation; and MFA No.8180 of 2013 is preferred by the Insurance Company, challenging the quantum as well as liability. 3. Sri Subramanya, learned Counsel appearing for the appellant-claimant would submit that the Tribunal had not taken into consideration the facts and circumstances while awarding the compensation. He would submit that the Tribunal has awarded meagre compensation under all heads and hence sought for enhancement in the compensation by allowing the appeal. 4. Sri A.N. Krishnaswamy, learned counsel appearing for the appellant-Insurance Company in MFA No.8180 of 2013, submits that the Tribunal committed a serious error in not noticing the fact that the accident occurred on 23rd May 2011, and as on the date of accident, there existed no renewal of transport endorsement to drive a goods vehicle and under this circumstance, saddling of liability on the appellant is erroneous and the finding of Tribunal in this regard is contrary to documents available on record. Accordingly, he sought for - 5 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 allowing the appeal by setting aside the Judgment and award passed by the Tribunal. In support of the office submissions, he places reliance on the Judgments of Hon'ble Supreme Court, in the case of ORIENTAL INSURANCE COMPANY LIMITED v. ANGAD KOL AND OTHERS reported in (2000)9 ACJ 1411 SC and in the case of NATIONAL INSURANCE COMPANY LIMITED v. KUSUM RAI AND OTHERS reported in (2000)6 ACJ 1336 SC. 5. Having heard the learned Counsel appearing for the parties, the following points would arise for our consideration: 1. Whether the claimant has made out grounds for enhancing the compensation? 2. Whether the appellant-Insurance company has made out grounds to interfere with the impugned Judgment and award? Regarding point No.1: 6. We have given our anxious consideration to the submissions advanced by the learned Counsel for the parties. It is not in dispute that the petitioner has sustained grievous injuries in the road traffic accident that took place on 23rd May - 6 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 2011. The Tribunal has awarded compensation of Rs.3,66,314/- with interest at the rate of 6% per annum from the date of petition till realisation. 7. Learned Counsel for the appellant-claimant submits that the Tribunal has not awarded any compensation towards loss of future earning due to disability. It is evident from the medical records that the petitioner has sustained grievous injuries. He took treatment in Basappa Memorial Hospital, Mysore for a period of 21 days and had also taken treatment as an outpatient for nearly six months. Exhibit P4 is the wound certificate of the injured. The same reveals that the claimant has sustained the following injuries: "1. Lacerated wound over the medial border of the right palm size 3" x 1/8" skin deep; 2. Right thigh swollen, painful, movements restricted." Doctor has opined that injury No.2 is grievous in nature. 8. Exhibit P15 is the discharge summary issued by Basappa Memorial hospital which reveals that the petitioner was admitted to hospital on 24th May 2011 and was discharged on - 7 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 11th June 2011. The discharge summary also reveals that the claimant-injured has sustained following injuries: "1.Communited fracture middle third shaft - right femur; 2. Fracture inter-condylar eminence right tibia; 3. Fracture lateral condyle of the right tibia." 9. The claimant has also undergone operation ORIF with IMIL nailing right femur under GA on 02nd June, 2011 and IMIL nailing of tibia under SAB on 07th June, 2011. X-ray film and medical bills are also produced. Dr Ajay Hegde, Orthopaedic surgeon, who has treated the injured examined through Court Commissioner, has deposed that the claimant met with an accident on 23rd May 2011, wherein he has sustained injuries to right thigh and right leg followed by pain. He was treated at Gopala Gowda Hospital and was referred to Basappa Memorial Hospital for further treatment. The patient underwent following treatment on 24th May, 2011 for communited fracture of right femur shaft and fractured shaft of right tibia with tibia spine fracture. He was operated on 2nd June 2011 for leg femur fracture with IMIL. Again, he was - 8 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 operated on 7th June, 2011 for leg fracture with IMIL, and he was discharged on 11th June, 2011 with an advice for regular follow-up. He came for regular follow-up and was last seen on 9th April 2013. The injured complained of pain in the right thigh and right knee and inability to squat. On examination, he has surgical scar over the right hip, right thigh, right knee and right leg. Range of motion in the right knee is terminally restricted by 10% of flexion, right hip, range of motion of adduction is terminally restricted to 20 degree, hip internal and external rotation terminally restricted to 20 degree as measured by a Goniometer. Right quadriceps, muscle power is grade 4, measured comparatively and clinically X-ray was taken. Both fracture femur and fracture fibia and tibula united. Doctor advised implant (in two) and further advised implant removal of both femur and tibial nail, which surgery would cost around Rs.35,000/-. The claimant had permanent physical disability of 15% in relation to the right lower limb and physical disability towards knee is around 15% and towards hip is around 25%. Considering this evidence, the Tribunal has taken disability to the whole body at 18%. Considering the evidence of PWs1 & 2 and medical evidence, we are also of the view that the - 9 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 assessment arrived by the Tribunal at 18% to the whole body, is just and proper. However, the Tribunal has not awarded any compensation towards loss of future earning. In the absence of any document to prove the income, in view of the guidelines issued by the Karnataka State Legal Services Authority, for the accidents of the year 2011, Rs.6,500/- per month is to be taken as notional income and the same is taken. It is not in dispute that petitioner was aged 22 as on the date of accident. In view of the decision of the Hon'ble Supreme Court in the case of SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION LIMITED AND ANOTHER reported in (2009)6 SCC 121, appropriate multiplier would be 18. Accordingly, the loss of future income comes to Rs.2,52,720/- (Rs.6,500/- x 12 x 18 x 18%). Considering the nature of injury suffered by the claimant, we award an amount of Rs.19,500/- under the head loss of income during laid-up period. 10. The compensation awarded by the Tribunal and other heads are just and proper and are left undisturbed. Accordingly, the revised compensation to which the claimant is entitled is as follows: - 10 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 Sl.No. Head Amount in (Rs.) 1. Towards pain and agony 40,000.00 2. Towards loss of future happiness and amenities 70,000.00 3. Towards Medical expenses 2,23,314.00 4. Towards food, nourishment and attendant charges 3,000.00 5. Towards Conveyance charges 10,000.00 6. Towards future medical expenses 20,000.00 7. Towards of future earning 2,52,750.00 8. Towards loss of earning during laid up period 19,500.00 Total 6,38,564.00 Accordingly we answer point No.1 partly in the affirmative. Regarding Point No.2: 11. As regards liability of the insurance company is concerned, Insurance company has produced documents Exhibits R1 to R3. Exhibit R1 is the driving license of the driver of the offending vehicle which shows that licensee is authorised to drive LMV, MGV and HGV and the same is renewed from time to time till 31st July 2016. There is no renewal of transport endorsement to drive the goods carriage. Exhibit R3 reveals that the vehicle permit is from 30th September, 2011 to 29th September, 2016. Therefore, in view of the decision of Hon'ble - 11 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 Supreme Court in the case of MUKUND DEWANGAN v. ORIENTAL INSURANCE COMPANY LIMITED reported in AIR 2017 SC 3668, it is just and proper to fasten liability on insurance company with liberty to recover the same from the owner of the vehicle under the principle of "pay and recover". Accordingly, we answer the point No.2 also partly in the affirmative. In the result we proceed to pass the following: O R D E R i) Both the appeals are allowed in part; ii) The Judgment and award dated 15th May 2013 passed in MVC No.73 of 2012 by the City Civil Judge (Sr.Dn.) and Motor Accident Claims Tribunal at Virajpet, is modified holding that the claimant is entitled for compensation of Rs.6,38,564/- as against Rs.3,66,314/- awarded by the Tribunal; iii) It is made clear that the enhanced compensation carries interest at the rate of 6% per annum from the date of petition till realisation; - 12 - HC-KAR NC: 2025:KHC:21960-DB MFA No. 4171 of 2015 C/W MFA No. 8180 of 2013 iv) Insurance company is directed to deposit the compensation amount with accrued interest before the Tribunal within 60 days from the date of receipt of copy of this Judgment; v) Amount in deposit, if any, be transmitted to the Tribunal forthwith; vi) Upon deposit of the compensation amount, Insurance company is also at liberty to recover the same from the owner of the vehicle under the principle of "pay and recover"; vii) Apportionment and disbursement of the compensation amount shall be as per the award of the Tribunal; viii) Registry to draw award accordingly. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 41