- 1 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 8090 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 2614 OF 2018 (MV-I) IN MFA No. 8090/2017 BETWEEN: THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.202, 3RD FLOOR, S & S CORNER BUILDING, PLOT NO. 48, HOSPITAL ROAD, (BOWRING HOSPITAL), SHIVAJINAGAR, BANGALORE-560 001. NOW REPRESENTED BY ITS MANAGER, M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BILAKAHALLI MAIN ROAD, OFF B.G. ROAD, IIM POST, BANGALORE-560 076. …APPELLANT (BY SRI. B C SHIVANNE GOWDA., ADVOCATE) AND: 1. SRI. MURALIKRISHNA B. V. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 S/O. VENKATANARAYANA REDDY B.V., NOW AGED ABOUT 31 YEARS, R/AT NO. 31, III CROSS, IV MAIN, GANGAPPA BLOCK, GANGANAGAR, BENGALURU - 32. 2. MEHABOOB PASHA @ MEHABOOB BASHA S/O. IMAM SAB, MAJOR, NO.166, V DIVISION, WARD NO.2, BEHIND VALMIKI TEMPLE, BAGEPALLI, CHICKABALLAPURA DISTRICT, (R.C. OWNER OF BOLERO VEHICLE BEARING REG. NO.KA-42.4416) …RESPONDENTS (BY SRI. D S SRIDHAR, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2017 PASSED IN MVC NO.3466/2016 ON THE FILE OF THE MEMBER PRINCIPAL MACT AT BANGALORE (SCCH-1), AWARDING COMPENSATION OF RS.6,44,940/- WITH INTEREST AT THE RATE OF 9% P.A. ON RS.6,19,940/- FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 2614/2018 BETWEEN: MURALIKRISHNA B V S/O. VENKATANARAYANA REDDY BV, R/AT # 31, III CROSS, IV MAIN, GANGAPPA BLOCK, GANGANAGAR, BENGALURU 560032. PRESENTLY R/AT # 103, - 3 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 FLAT NO. 101, 2ND MAIN, KODIGEHALLI MAIN ROAD, BETHEL NAGAR, KR PURAM, BENGLAURU 560036. ...APPELLANT (BY SRI. SRIDHAR D S.,ADVOCATE) AND: 1. MEHABOOB PASHA @ MEHABOOB BASHA S/O. IMAM SAB, MAJOR, # 116, V DIVISION WARD NO. 2, BEHIND VALMIKI TEMPLE BAGEPALLI, CHICKABALLAPUR DISTRICT - 561207. 2. M/S. SHRIRAM GENERAL INSURANCE CO LTD, # 202, III FLOOR, S & S CORNER BUILDING, HOSPITAL ROAD, SHIVAJINAGAR, BENGLAURU 560001. REP BY ITS MANAGER. ...RESPONDENTS (BY SRI.B.C. SHIVANNE GOWDA., ADVOCATE FOR R2; VIDE ORDER DATED 20.06.2025 STEPS TO BRING LRS OF R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.06.2017 PASSED IN MVC NO.3466/2016 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF - 4 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 COMPENSATION. 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 B M SHYAM PRASAD) These appeals are by the Insurer and the claimant in MVC No.3466/2016 on the file of the Member, Principal Motor Accident Claims Tribunal, Bengaluru [for short, 'the Tribunal']. The claimant's appeal is in MFA No.2614/2018, and the Insurer's appeal is in MFA No.8090/2017. The Tribunal, vide the impugned judgment and award dated 17.06.2017, has granted to the claimant a total sum of Rs.6,44,940/- with interest at 9% per annum from - 5 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 the date of the petition till realization under the following heads: Sl. No. Head of Compensation Amount 1 Pain and Sufferings Rs. 50,000/- 2 Medical Expenses Rs. 32,100/- 3 Loss of income during the period of inpatient and period of treatment Rs. 4,62,840/- 4 Food and nourishment, conveyance, attendant charges and ambulance charges and other incidental expenses Rs. 25,000/- 5 Loss of amenities Rs. 50,000/- 6 Future medical expenses (removal of implants Rs. 25,000/- Total Rs. 6,44,940/- The contesting parties are referred to as ‘the Claimant’ and ‘the Insurer’. 2. It is undisputed that the claimant met with an accident on 29.04.2016 at about 05.30 p.m. when he was riding his motorcycle and hit by a Bolero - 6 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 vehicle [the vehicle insured by the Insurer]. It is also undisputed that the claimant has suffered [i] a fracture of distal end of the radius, [ii] a comminuted fracture of ulna, [iii] a fracture of the lateral wall of maxillary sinus, [iv] the comminuted fracture of both nasal bones [v] a fracture of greater tuberosity of right humerus and [vi] other injuries including injury in the head. It is also undisputed that he has undergone surgery for fixation of the distal end of right radius involving debridement and secondary closure. 3. The claimant, to establish his permanent disability, has examined the Doctor who has treated him as PW.3. The Tribunal, on appreciating the Doctor's evidence, has observed that the Doctor has stated in his cross-examination that the fracture is united well and that the implants will have to be removed opining that the claimant has suffered disability of 45% in the right upper limb. The - 7 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 claimant has received reimbursement of the expenses incurred and has also not suffered in employment. 4. The Insurer is in appeal contending that it could not have been made liable because the driver of the insured vehicle did not hold a valid driving licence viz., endorsement to drive a transport vehicle, and that the Tribunal is not justified in granting interest at 9% per annum. This Court must observe that Sri. B. C. Shivanne Gowda, the learned counsel for the Insurer, does not dispute that with the recent decision of the Apex Court in Bajaj Allianz General Insurance Company Limited vs Rambha Devi and others [in Civil Appeal No.841/2018], the question of the driver not holding a valid licence would no longer be available and the Insurer's appeal must be confined to the grievance with the grant of interest at 9% per annum. Sri. Sridhar D S, the learned counsel for the claimants, submits that with the multiple surgeries that the claimant has undergone, the - 8 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 Tribunal should have awarded a higher compensation towards [i] pain and suffering, [ii] loss of amenities, and [iii] nourishment and other incidental expenses. 5. On the question of interest, this Court must observe that it is settled law that interest must be confined to 6% per annum unless the peculiar circumstances of a given case justify a higher rate of interest. However, in the present case though there is evidence that the deceased has suffered multiple fractures in the right arm and facial injuries, no compensation is awarded towards loss of earning capacity, and only a sum of Rs.50,000/- is awarded towards loss of amenities. This Court opines that the grant of interest at 9% does not result in a bonanza and that the claimant must be entitled to such interest even for the compensation that is awarded by the Tribunal towards reimbursement of medical expenses which is more than 2/3rd of the compensation awarded by the Tribunal. - 9 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 6. The claimant is entitled for enhancement in the compensation towards pain and suffering and nourishment and other expenses because he has suffered not just one fracture but multiple fractures requiring hospitalization and convulsion for eight months, and for similar ground there must be an enhancement in the compensation towards nourishment and other incidental expenses. On a careful consideration, this Court is of the view that the claimant would be entitled to Rs.1,00,000/- and Rs.50,000/- respectively under these heads. The claimant would also be entitled for interest on this amount but at 6% per annum. The claimant is thus entitled to enhanced compensation in a sum of Rs.75,000/-, and this computation is brought by the following comparative table: - 10 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 By the Tribunal By this Court Pain and Sufferings Rs. 50,000/- Rs. 1,00,000/- Medical Expenses Rs. 32,100/- Rs. 32,100/- Loss of income during the period of inpatient and period of treatment Rs. 4,62,840/- Rs. 4,62,840/- Food and nourishment, conveyance, attendant charges and ambulance charges and other incidental expenses Rs. 25,000/- Rs. 50,000/- Loss of amenities Rs. 50,000/- Rs. 50,000/- Future medical expenses (removal of implants Rs. 25,000/- Rs. 25,000/- TOTAL Rs. 6,44,940/- Rs. 7,19,940/- Enhanced compensation Rs. 75,000/- In the light of the afore, the following: ORDER [A] The appeals are allowed in-part modifying the Tribunal’s judgment and award dated 17.06.2017 in MVC No.3466/2017 granting to the claimant enhanced compensation in a sum of Rs.75,000/- with interest at 6% per - 11 - HC-KAR NC: 2025:KHC:26306-DB MFA No. 8090 of 2017 C/W MFA No. 2614 of 2018 annum from the date of the petition till the date of deposit. [B] The Insurer, subject to the amount already deposited, is called upon to deposit: [i] Rs.6,44,940/- with interest at 9% per annum from the date of the petition till deposit, and [ii] Rs. 75,000/- with interest at 6% per annum from the date of the petition till the date of deposit [C] The amount in deposit in the present appeals is directed to be transmitted to the Tribunal for disbursement. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE SA ct:sr