- 1 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 10609 OF 2018 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 9107 OF 2018 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 4215 OF 2022 (MV-I) IN MFA No. 10609/2018 BETWEEN: SRI KUMAR S/O SANNEGOWDA, AGED ABOUT 47 YEARS RESIDING AT VENKATESHWARA BADAVANE, BYLAKUPPE VILLAGE AND POST, PERIYAPATNA TALUK MYSURU DISTRICT-571 104 …APPELLANT (BY SRI. SRINIVASA D.C., ADVOCATE) AND: 1. SMT SUVARNA S.L., W/O LATE S.M.ASHOK, AGED ABOUT 51 YEARS 2. SRI. SATHYANARAYANA S/O LATE S.M.ASHOK, AGED ABOUT 31 YEARS 3. SRI. THRINESH A S/O LATE S.M.ASHOK, AGED ABOUT 29 YEARS RESPONDENT 1 TO 3 ARE RESIDENTS OF SUNDUVALU VILLAGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 RAVANDURU HOBLI, PERIYAPATNA TALUK MYSURU DISTRICT-571 108 4. NATIONAL INSURANCE CO. LTD REPRESENTED BY ITS MANAGER, BLOCK NO.16, 1ST FLOOR, G.T.ROAD, OPPOSITE DISTRICT GOVT HOSPITAL STUART HILL, MADIKERI TOWN, COORG DISTRICT-571 201 …RESPONDENTS (BY SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R4 R1 TO R3 ARE SERVEDF) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.10.2018 PASSED IN MVC NO.148/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE & MACT, KODAGU MADIKERE, AWARDING COMPENSATION OF RS.5,74,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 9107/2018 BETWEEN: 1. SMT SUVARNA S L W/O LATE S M ASHOK AGED ABOUT 51 YEARS, 2. SRI SATHYANARAYANA S/O LATE S M ASHOK AGED ABOUT 31 YEARS 3. SRI THRINESH A S/O LATE S.M.ASHOK AGED ABOUT 29 YEARS, ALL ARE R/AT SUNDUVALU VILLAGE P.O.DODDABELLALU RAVANDUR HOBLI, PERIYAPATNA TALUK MYSURU DISTRICT - 571 107 ...APPELLANTS (BY SRI. PADMANABHA KEDILAYA V., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 AND: 1. SRI KUMAR S/O LATE SANNEGOWDA, MAJOR, R/AT VENKATESHWARA BADAVANE BYLAKUPPE VILLAGE AND POST PERIYAPATNA TALUK, MYSURU DISTRICT - 571 104 2. NATIONAL INSURANCE CO. LTD., BLOCK NO.16, 1ST FLOOR, G.T.ROAD, OPP. DISTRICT GOVT HOSPITAL, STUART HILL, MADIKERI TOWN - 571 201 ...RESPONDENTS (BY SRI.SRINIVAS D.C., ADVOCATE FOR R1 SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.10.2018 PASSED IN MVC NO.148/2017 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT JUDGE, MACT, KODAGU, MADIKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4215/2022 BETWEEN: M/S. NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE -I RAMASWAMY CIRCLE MYSURU -570 004 NOW REP. BY ITS REGIONAL OFFICE NO. 1344, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, - 4 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 BENGALURU -560 001 REP BY ITS AUTHORIZED SIGNATORY ...APPELLANT (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR SRI.A.M.VENKATESH, ADVOCATE) AND: 1. MRS. SUVARNA S.L. W/O LATE S.M. ASHOK AGED ABOUT 51 YEARS R/AT SUNDAVALU VILLAGE DODDABELLALU POST RAVANDUR HOBLI, PERIYAPATNA TALUK MYSURU DISTRICT -571 104 2. MR. KUMAR S/O LATE SANNEGOWDA MAJOR R/AT VENKAT ESHWARA BADAVANE BYLAKUPPE VILALGE AND POST PERIYAPATNA TLAUK -571 104 ...RESPONDENTS (RESPONDENTS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2021 PASSED IN MVC NO.613/2018 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.1,95,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 ORAL JUDGMENT MFA.NO.10609/2018 and MFA.NO.9107/2018 arising out of MVC.No.148/2017 Aggrieved by the award passed in MVC.No.148/2017 dated 01.10.2018 by the I Additional District Judge and MACT, Kodagu, Madikeri, whereby the Tribunal had granted compensation of an amount of Rs.5,74,000/-, both the owner of the vehicle and the claimants are before this Court. MFA.No.10609/2018 is filed by the owner of the vehicle and MFA.No.9107/2018 is filed by the claimants. 2. The claim petition was filed under Section 166 of Motor Vehicles Act seeking compensation of an amount of Rs.20,50,000/- for the death of the deceased in the road traffic accident. The facts of the case are that on 03.08.2017 at about 3:40 p.m., the deceased and his wife were proceeding in a motorbike from Kampalapura to Periyapatna. When they reached near VSSBN Society of Kampalapura, the rider of the motorbike came in a rash and negligent manner from backside and dashed the motorbike of the deceased. As a result, the deceased and his wife fell down and sustained injuries. - 6 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 Immediately, the injured persons were shifted to Government Hospital, Periyapatna. The doctor examined the deceased and declared him to be dead. 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 5,04,000/- 2. Loss of consortium : Rs. 40,000/- 3. Loss of estate : Rs. 15,000/- 4. Funeral expenses : Rs. 15,000/- TOTAL : Rs. 5,74,000/- 4. When it comes to the liability, the Tribunal had observed that the driver of the offending vehicle was only having learners license and he is none other than the son of the owner of the vehicle. Hence, the Tribunal had held that the owner of the vehicle alone is liable to pay the compensation. 5. It is the case of the claimants that whether the driver of the vehicle is the son of the owner of the vehicle or not, the claimants are not concerned as they are third parties to the - 7 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 Insurance Company and the principle of pay and recover will apply. 6. There is no representation on behalf of the claimants as well as the owner of the vehicle. 7. Having heard the learned counsel for the Insurance Company, perused the entire material on record. Coming to the compensation, as the accident had occurred in the year 2017, as per the chart prepared by the Karnataka State Legal Services Authority, this Court is taking the income of the claimant at Rs.11,000/- per month. As the deceased was aged 56 years, future prospects at 10% would come to an amount of Rs.1,100/- and income would come to Rs.12,100/-. As the son and the wife are dependents and the other son is working in the Police department, 1/3rd has to be deducted towards personal expenses which comes to Rs.4,033/- and the income comes to Rs.8,066/-. Hence, towards loss of dependency, this Court is granting an amount of Rs.8,71,128/- (Rs.8066x12x9). Towards loss of consortium, this Court is granting an amount of Rs.1,32,000/- (Rs.44,000x3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. - 8 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 5,04,000/- 8,71,128/- 2. Loss of consortium : Rs. 40,000/- 1,32,000/- 3. Loss of estate : Rs. 15,000/- 00/- 4. Funeral expenses : Rs. 15,000/- 36,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 5,74,000/- 10,49,128/- Enhancement : Rs. 4,75,128/- 10. Altogether, the claimants are entitled for compensation of an amount of Rs.10,49,128/-. The rate of interest is reduced from 9% p.a. to 6% p.a. 11. Considering the fact that it is a case where the driver of the vehicle is not having a driving license, the Insurance 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 Company is liable to pay the compensation and recover the same from the owner of the vehicle. MFA.NO.4215/2022 arising out of MVC.NO.613/2018 12. Aggrieved by the award passed in MVC.No.613/2018 dated 30.03.2021 by the Principal Judge, Court of Small Causes & MACT, Mysuru, the Insurance Company is before this Court. 13. The claim petition was filed seeking compensation of an amount of Rs.5,90,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 03.08.2017 at about 3:40 p.m., when the claimant was commuting as pillion rider on unregistered Hero Honda Motor cycle rode by her husband slowly and cautiously on the left side of the road from Kampalapura towards their village and when they came near VSSBN Society, Kampalapura, Periyapatna Taluk, at that time, the rider of TVS Apache Motor Cycle rode it in a high speed with rash and negligent manner and hit the motor cycle of the claimant from hind side and caused accident. Due to the impact, the claimant fell down and sustained injuries. - 10 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 14. In the very same accident, there is a case of death of death which came up before the I Additional District Judge and MACT, Kodagu, Madikeri and the Tribunal had held that the accident had taken place because of the rash and negligent driving of the driver of the offending vehicle who is the son of the owner of the vehicle, as such, the owner of the vehicle was held liable to pay the compensation. With respect to the same accident, now this finding is given by the Tribunal that the Insurance Company is liable to pay the compensation. In MFA.No.10609/2018 filed by the owner of the vehicle and MFA.No.9107/2018 filed by the claimants, this Court has already held that as there is no driving license, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. In that view of the matter, the observations of the Tribunal cannot be sustained. 15. Accordingly, MFA.No.4215/2022 filed by the Insurance Company is allowed and the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. - 11 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 16. MFA.No.9107/2018 filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.5,74,000/- to Rs.10,49,128/-. MFA.No.10609/2018 filed by the owner of the vehicle is dismissed. i. The entire compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The Insurance Company shall deposit the *compensation amount within a period of eight weeks from the date of receipt of copy of the judgment *and shall recover the same from the owner of the vehicle. 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. * Inserted and corrected vide court order dated: 03/11/2025. - 12 - HC-KAR NC: 2025:KHC:38275 MFA No. 10609 of 2018 C/W MFA No. 9107 of 2018 MFA No. 4215 of 2022 vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 14