- 1 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100815 OF 2022 C/W MISCELLANEOUS FIRST APPEAL NO. 101244 OF 2021 MISCELLANEOUS FIRST APPEAL NO. 101245 OF 2021 MISCELLANEOUS FIRST APPEAL NO. 100820 OF 2022 IN MFA NO. 100815 OF 2022: BETWEEN: SMT. SHIVAPUTRA BAI CHAKRAD W/O BASAVARAJ CHAKRAD, AGE: 72 YEARS, OCC: HOME MAKER AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583 227. … APPELLANT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI. VINAY KUMAR S/O SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR KA-35/N-1439, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132. 2. SRI. SURESH S/O BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2026.01.05 15:22:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 STATION ROAD, HOSAPETE, DIST: BALLARI-583 201. … RESPONDENTS (BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.04.2021, PASSED IN M.V.C. NO.33/2019 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI. IN MFA NO. 101244 OF 2021: BETWEEN: THE MANAGER, NATIONAL INSURANCE COMPANY LTD., STATION ROAD, HOSAPETE, DIST: BALLARI, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER. … APPELLANT (BY SRI. RAJESH B. RAJANAL, ADVOCATE) AND: 1. SMT. SHIVAPUTRA BAI CHAKRAD W/O. BASAVARAJ CHAKRAD, AGE: 72 YEARS, OCC: HOUSEWIFE AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANAGAVATHI, DIST: KOPPAL-583 227. 2. SRI. VINAY KUMAR S/O. SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR NO.KA-35/N-1439, R/O: KAMPLI, TQ: AND DIST: HOSAPETE-583 114. 3. SRI. SURESH S/O. BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, - 3 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 TQ: AND DIST: HOSAPETE-583 114. … RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1; R2 AND R3-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.04.2021 PASSED IN MVC NO.33/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI. IN MFA NO. 101245 OF 2021: BETWEEN: THE MANAGER, NATIONAL INSURANCE COMPANY LTD., STATION ROAD, HOSAPETE, DIST: BALLARI, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER. … APPELLANT (BY SRI. RAJESH B. RAJANAL, ADVOCATE) AND: 1. SMT. NIVEDITHA W/O. VINAYKUMAR C., AGE: 24 YEARS, OCC. HOUSE WIFE AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583 227. 2. SRI. VINAY KUMAR S/O. SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR NO.KA-35/N-1439, R/O: KAMPLI, TQ: AND DIST: HOSAPETE-583 114. 3. SRI. SURESH S/O. BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, TQ: AND DIST: HOSAPETE-583 114. … RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1; R2 AND R3-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND - 4 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 AWARD DATED 01.04.2021 PASSED IN MVC NO.27/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI. IN MFA NO. 100820 OF 2022: BETWEEN: SMT. NIVEDITHA W/O. VINAYKUMAR C., AGE: 25 YEARS, OCC. HOUSE MAKER AND BUSINESS, R/O: KAMPLI, NOW AT: MARALI, TQ: GANGAVATHI, DIST: KOPPAL-583 227. … APPELLANT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI. VINAY KUMAR S/O SURESH C., AGE: 59 YEARS, OCC: DRIVER OF TATA VENTURE CAR KA-35/N-1439, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132. 2. SRI. SURESH S/O BASAVARAJ CHAKRAD, AGE: 59 YEARS, OCC: BUSINESS, R/O: KAMPLI, TQ: HOSAPETE, DIST: BALLARI-583 132. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., STATION ROAD, HOSAPETE, DIST: BALLARI-583 201. … RESPONDENTS (BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R3; R1 AND R2-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 01.04.2021 PASSED IN MVC NO.27/2019 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI. - 5 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) MFA Nos.100815/2022 and 100820/2022 are filed by the claimants seeking enhancement of compensation, whereas, MFA Nos.101244/2021 and 101245/2021 are filed by the insurance company challenging the common judgment and award dated 01.04.2021, passed by the Senior Civil Judge and MACT, Gangavathi, in MVC Nos.33 and 27/2019 respectively, questing liability fastened on it to pay compensation. 2. Heard the arguments of learned counsels appearing for the respective parties and perused the trial Court records and the material before the Court. 3. The insurance company has filed the appeals on the ground that cheque issued for payment of premium by the owner was dishonoured. Therefore, insurance company is not liable to pay compensation, but owner alone is liable to - 6 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 pay compensation. Therefore, on this ground, preferred these two appeals. 4. In the present case, on 07.05.2018, at about 6.00 p.m., the accident occurred. The owner has purchased insurance policy by paying premium amount through cheque. The cheque was presented on 10.05.2018, but it was dishonoured. Quite naturally, notice has been issued subsequent to dishonour of cheque. Therefore, till the notice of dishonour is reached to the owner, till then, the liability of the insurance company is in existence. The insurance company is exonerated from its liability on the very day notice of dishonour of cheque is reached to the owner. But, till then, the liability is in existence. Therefore, considering these undisputed factual scenario, cheque is presented on 10.05.2018 after the date of accident. The date of accident is on 07.05.2018. This issue is squarely covered by judgment of this Court in MFA No.24732/2011 dated 21.02.2025 between Sri. P. Yadava Rao S/o. Mallaiah and Sri. Ramaiah s/o. Sriramulu and Others. Therefore, the - 7 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 insurance company is liable to pay compensation. Therefore, the appeals filed by insurance company are liable to be dismissed. Accordingly, dismissed. Regarding Quantum of Compensation in MFA No.100815/2022 (MVC No.33/2019): 5. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “i. Fracture of surgical right humerus. ii. Communited fracture of right ulna.” 6. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 10,000/- 2. Towards loss of amenities in life 10,000/- 3. Loss of earning during treatment 10,000/- 4. Diet, Nourishment, Attendants charges and conveyance. 25,000/- 5. Loss of future income 36,000/- 6. Medical reimbursement 51,758/- Total: 1,42,758/- - 8 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 7. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 8. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges is Rs.51,758/- as per the medical bills and receipts produced; therefore, the same is kept intact. Rs.23,500/-(11,750 x 2) towards loss of earning during treatment period for a period of two months and other heads are kept intact. 9. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 30,000/- 2. Towards loss of amenities in life 40,000/- 3. Loss of earning during treatment 23,500/- 4. Diet, Nourishment, Attendants charges and conveyance. 25,000/- - 9 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 5. Loss of future income 36,000/- 6. Medical reimbursement 51,758/- Total: 2,06,258/- 10. Therefore, the claimant is entitled for total compensation of Rs.2,06,258/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,42,758/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. Regarding Quantum of Compensation in MFA No.100820/2022 (MVC No.27/2019): 11. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injury. ”Fracture of lower end of right radius.” 12. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.1,85,065/- along with interest at the - 10 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 rate of 6% per annum from the date of petition till the date of realization, under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 10,000/- 2. Towards loss of amenities in life 10,000/- 3. Loss of earning during treatment 10,000/- 4. Diet, Nourishment, Attendants charges and conveyance. 25,000/- 5. Loss of future income 1,29,600/- 6. Medical reimbursement 465/- Total: 1,85,065/- 13. Further, upon considering the nature of injuries sustained, compensation awarded by tribunal is on lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 14. Considering the injuries sustained, a compensation of Rs.20,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.465/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Rs.23,500/-(11,750 x 2) towards loss of earning during - 11 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 treatment period for a period of two months and other heads are kept intact. 15. The doctor- PW.3 has stated that the claimant had suffered 8 to 10% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 10% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., fracture of lower end of right radius. 16. The accident is caused on 07.05.2018. The claimant was doing business by profession. Therefore, in the absence of proof of income, notional income of Rs.11,750/- per month is to be taken into consideration for the accident year 2018, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 22 years at the time of accident. Therefore appropriate applicable multiplier is ‘18’. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.2,53,800/- (Rs.11,750 x 10% x 12 x 18). - 12 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 17. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 20,000/- 2. Towards loss of amenities in life 15,000/- 3. Loss of earning during treatment 23,500/- 4. Diet, Nourishment, Attendants charges and conveyance. 25,000/- 5. Loss of future income 2,53,800/- 6. Medical reimbursement 465/- Total: 3,37,765/- 18. Therefore, the claimant is entitled for total compensation of *Rs.3,37,765/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against *Rs.1,85,065/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 19. In the result, I proceed to pass the following: ORDER i. MFA Nos.101244/2021 and 101245/2021 filed by insurance company are dismissed. *Corrected Vide Court Order dated 17.12.2025 SD/- (HSJ) - 13 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 ii. MFA Nos.100815/2022 and 100820/2022 are allowed in part. iii. The common judgment and award dated 01.04.2021, passed by the Senior Civil Judge and MACT, Gangavathi, in MVC Nos.33 and 27/2019, is modified. iv. The claimant in MFA No.100815/2022 is entitled for total compensation of *Rs.2,06,258/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against *Rs.1,42,758/- awarded by the Tribunal. v. The claimant in MFA No.100820/2022 is entitled for total compensation of *Rs.3,37,765/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against *Rs.1,85,065/- awarded by the Tribunal. vi. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. *Corrected Vide Court Order dated 17.12.2025 SD/- (HSJ) - 14 - HC-KAR NC: 2025:KHC-D:8946 MFA No. 100815 of 2022 C/W MFA No. 101244 of 2021 MFA No. 101245 of 2021 MFA No. 100820 of 2022 vii. Send back the trial Court records along with a copy of this judgment and award to the tribunal. viii. The amount in deposit made by the Insurance Company, if any, shall be transmitted to the concerned tribunal for disbursement. ix. Draw modified award accordingly. x. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 4