- 1 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3660 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3575 OF 2023 (MV-I) IN MFA No. 3660/2023 BETWEEN: THE MANAGER, MAGMA HDI GIC LTD., R/AT NO.71, 1ST FLOOR, BSD ARCADE, SAVUKAR CHENNAIAH ROAD, ABOVE PUNJAB NATIONAL BANK, SARASWATHIPURAM, MYSURU- 570 009 NOW REP. BY LEGAL MANAGER, MAGMA HDI GIC LTD., NO.36, II FLOOR, MINERVA CIRCLE, JC ROAD, BANGALORE- 27 …APPELLANT (BY SRI. MALLIKARJUNA REDDY, ADVOCATE FOR SRI.PRADEEP B., ADVOCATE) AND: 1. SMT. SHOBHA G.S., W/O RAJASHEKHAR AGED ABOUT 32 YEARS, R/AT NO.37/A, 8TH CROSS, NEAR NAGAMMA CHOULTRY, SHRIRAMPURA 2ND STAGE, MYSURU- 570 023 2. SRI. MUKTHAR AHAMAD S/O ABDUL HAFEEZ Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 AGE- MAJOR, R/AT NO.8, 1ST CROSS, SHIVAJI ROAD, RAJPUTH BLOCK, N.R. MOHALLA, MYSURU …RESPONDENTS (BY SRI. SYED ABDUL SABOOR, ADVOCATE FOR R1 SRI.AFROZ PASHA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.02.2023 PASSED IN MVC NO.1347/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.4,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 3575/2023 BETWEEN: SHOBA G.S. W/O RAJASHEKAR AGED ABOUT 32 YEARS, R/ATNO. 37/A, 8TH CORSS, NEAR NAGAMMA CHOULTRY SRIRAMPURA 2ND STAGE MYSURU-570 023 ...APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. MUKTHAR AHAMAD S/O ABDUL HAFEEZ, MAJOR, R/AT NO.8, 1ST CROSS, SHIVAJI ROAD, RAJPUTH BLOCK, N.R. MOHALLA MYSURU-570 007. 2. MANAGER MAGMA HDI GENERAL INSURANCE CO LTD NO.71, 1ST FLOOR, BSD ARCADE SAVUKAR CHENNAIAH ROAD, - 3 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 ABOVE PNG BANK, SARASWATHIPURAM MYSURU-570 009 ...RESPONDENTS (BY SRI.MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI.B.PRADEEP, ADVOCATE FOR R2) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.02.2023 PASSED IN MVC NO.1347/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, 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.1347/2021 dated: 04.02.2023 by the Judge, Addl. Court of Small Causes & MACT, Mysore, whereby the tribunal had awarded the compensation of an amount Rs.4,80,000/- and fixed the liability on the owner of the vehicle, both the insurance company as well as the claimant are before this court. The claimant’s appeal is MFA.No.3575/2023 and the Insurance Company’s appeal is MFA.No.3660/2023 and the tribunal had fixed the liability on the insurance company. 2. The Tribunal had granted compensation of an amount of Rs.4,80,000/- as per the table given below: - 4 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 SL. No. Heads Compensation Awarded 1. Treatment Hospitalization and medication : Rs. 89,000/- 2. Loss of earning during laid up period : Rs. 15,000/- 3. Loss of future earning due to disability : Rs. 3,06,000/- 4. Pain and suffering : Rs. 40,000/- 5. Loss of Amenities : Rs. 15,000/- 6. Transport, Attendant & Nourishment Charges : Rs. 15,000/- TOTAL : Rs. 4,80,000/- 3. Learned counsel appearing for the insurance company submits that the driver of the offending vehicle was not having a valid driving license, the charge sheet is filed against the driver under Section 3 R/w Section 181 of the Motor Vehicles Act. It is submitted that charge sheet clearly shows that the driver is not having a valid driving license. Hence, the principle of pay and recover will apply and the Tribunal had failed to consider the same. It is submitted that when it comes to the compensation, when the claimant was in hospital for a period of 6 days, the Tribunal had granted an amount of Rs.15,000/- towards hospitalisation which is on the higher side and the on all counts the compensation granted by the tribunal is on higher side. - 5 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 4. Learned counsel appearing for the claimant submits that the Tribunal had failed to grant reasonable compensation on all the counts. It is submitted that the Tribunal had failed to grant the reasonable amount under the head of loss of earning during the laid up period. Considering the injuries, even for the loss of amenities the amount that is awarded is a meager amount. When the doctor had opined that the disability is assessed at 35% to the limb, the Tribunal should have taken 12% to the whole body, but Tribunal had taken 10%, hence, on these counts, the compensation needs to be enhanced. 5. Having heard the learned counsels on either sides, perused the material on record. Coming to the contention of the insurance company with regard to applying the principle of pay and recover, considering the charge sheet which clearly shows that the driver of the offending vehicle is not having a valid driving license and in the light of the law laid down in the case of National Insurance Co. Ltd., Vs. Swaran Singh & others1, the principle of pay and recovery will apply. Hence, 1 2004 (3) SCC 297 - 6 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 6. Though vakalath is filed on behalf of the owner of the vehicle, there is no representation. 7. Coming to the enhancement, considering one fracture injury sustained, under the head of pain and suffering, the Tribunal has rightly granted an amount of Rs.40,000/- and no interference is called for. Considering the fact that he was in hospital for 6 days, under the head of attendant and nourishment, this court is reducing the amount from an amount of Rs.15,000/- to Rs.6,000/-. Towards Medical expenses the Tribunal had rightly granted an amount of Rs.89,000/- and no interference is called for. When it comes to loss of earning during laid up period this Court is granting for 3 months an amount of Rs.45,000/-. Towards loss of future income the Tribunal ought to have taken the disability at 12% to the whole body. As 1/3rd of 35% percent has to be taken, which comes to 11.6 and it is rounded off 12. Considering the Income at Rs.15,000/- this court is granting an amount of Rs.3,67,200/- (Rs.15,000x 12 X17 x 12/100 = - 7 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 Rs.3,67,200/-). Considering the disability at 12% under the head of loss of amenities, this court is granting an amount of Rs.25,000/-. 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 Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. Altogether the claimant is entitled for compensation for an amount Rs.5,82,200/- . 9. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 40,000/- 40,000/- 2. Medical Expenses : Rs. 89,000/- 89,000/- 3. Attendant & Nourishment charges : Rs. 15,000/- 6,000/- 4. Loss of earning during the laid up period : Rs. 15,000/- 45,000/- 5. Loss of Future Income : Rs. 3,06,000/- 3,67,200/- 6. Loss of Amenities : Rs. 15,000/- 25,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,80,000/- 5,82,200/- 2 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 i. Accordingly, the appeal of the insurance company MFA.No.3660/2023 is partly allowed by holding that the principle of pay and recover will apply and the appeal of the claimant MFA.No.3575/2023 is partly allowed by enhancing the compensation from Rs.4,80,000/- to Rs. 5,82,200/-. ii. The insurance company shall pay the compensation amount to the claimant and recover the same from the owner of the vehicle. iii. The enhanced amount shall carry 6% interest per annum from the date of petition till the date of realization. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. The amount in deposit shall be forthwith transferred to the tribunal. vi. 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. - 9 - HC-KAR NC: 2025:KHC:35221 MFA No. 3660 of 2023 C/W MFA No. 3575 of 2023 vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.1, Sl.No.20