- 1 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO. 200787 OF 2021 (MV-I) C/W MISCL. FIRST APPEAL NO. 200390 OF 2021(MV-I) IN MFA NO.200787/2021: BETWEEN: ABU TURAB S/O. ABDUL AZIZ, AGE: 26 YEARS, OCC. LABOUR (NOW NIL), R/O. H.NO. 3-5-153, ASRA MOHALLA, YADGIR, TQ. & DISTRICT YADGIRI. …APPELLANT (BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE) AND: 1. ABDUL SAYED S/O. MOHAMMED MASAQ, AGE 32 YEARS, OCC. OWNER OF MOTOR CYCLE BEARING REG. NO. KA-33/U-2189, R/O. H.NO. 1-51/3, MUSLIMPURA, YADGIRI-585 205. TQ. & DIST. YADGIRI. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 2. THE ORIENTAL INSURANCE COMPANY LTD., EXTENSION COUNTER, CHITTAPUR ROAD, YADGIRI-585 202. THROUGH ITS MANAGER. …RESPONDENTS (BY SRI MOHAMMAD ABDUL QUAYUM, ADV., FOR R2; R1 - SERVED) MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 20.07.2020 PASSED IN MVC NO. 45/2018 BY THE SENIOR CIVIL JUDGE AND MACT-II, YADGIR, BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION. IN MFA NO.200390/2021: BETWEEN: THE ORIENTAL INSURANCE CO. LTD. EXTENSION COUNTER, CHITTAPUR ROAD, YADGIR-585 101. THROUGH ITS MANAGER, NOW REPRESENTED BY ITS REGIONAL MANAGER, R.O. HUBBALLI DIVISIONAL OFFICE, N.G. COMPLEX, FIRST FLOOR, OPP. MINI VIDHAN SOUDHA, KALABURAGI-585 101. …APPELLANT (BY SRI J. AUGUSTIN, ADVOCATE) AND: 1. ABU TURAB S/O. ABDUL AZIZ AGE 26 YEARS, OCC. LABOUR (NOW NIL), R/O H.NO. 3-5-153, ASRA MOHALLA, - 3 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 YADGIR, TQ. & DIST. YADGIR-585 201. 2. ABDUL SAYED S/O. MOHAMMED MASAQ, AGE 32 YEARS, OCC. OWNER OF MOTORCYCLE BEARING REGN. NO.KA-33/U-2189, R/O H.NO. 1-1-51/3, YADGIR, TQ. & DIST. YADGIR-585 201. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE, FOR R1; R2 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 20.07.2020 PASSED IN MVC NO.45/2018 BY THE SENIOR CIVIL JUDGE AND MACT-II, YADGIR. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA ORAL JUDGMENT 1. The appeal in MFA No.200787/2021 is by the claimant and the appeal in MFA No.200390/2021 is by the Insurance Company against the same judgment and award dated 20.07.2020 passed by the Senior Civil Judge and M.A.C.T.-II, Yadgir [for short ‘Tribunal’] in MVC No.45/2018. - 4 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 2. The brief facts of the case are that claimant met with an accident on 22.06.2017 and sustained grievous injuries. Hence, he filed claim petition before the Tribunal claiming compensation of Rs.30,00,000/- from the respondents. The Tribunal considering the entire materials available on record, had awarded a sum of Rs.3,37,000/- with interest at 6% per annum from the date of petition till realization and directed respondent No.2-Insurance Company to satisfy the award amount. Aggrieved by the said judgment, these appeals are filed. 3. Learned counsel for the appellant/claimant contended that though the claimant was earning Rs.20,000/- per month, the Tribunal has taken the same at Rs.8,000/- without any basis. It is further contended that the compensation awarded by the Tribunal under all headings are on the lesser side, which requires interference by this Court. It is also contended that, due to accidental injuries claimant sustained 36% whole body disability the Tribunal assessed the same at 15% only and - 5 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 awarded meagre compensation under all heads, therefore, requested for enhancement. 4. In the appeal by the Insurance Company it is specifically contending that the rider of the motorcycle was not having valid and effective Driving License and it amounts to breach of terms and conditions of the policy under Section 149(2) of M.V. Act. Hence, it is contended that, the Insurance Company is not liable to pay the compensation as ordered by the Tribunal. 5. Heard arguments of both sides in both the appeals and perused the materials available on record. 6. Admittedly, it s a case of no Driving License. Hence, as per the decision of Apex Court in the case of Pappu Vs. Vinod Kumar Lamba1, the Insurance Company is directed to pay the compensation to the claimant at the first instance and thereafter recover the 1 (2018) 3 SCC 208 - 6 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 same from respondent No.1. Accordingly, the appeal filed by the Insurance Company is to be allowed in part. 7. As per Wound Certificate - Ex.P4, claimant has sustained fracture of tibia and fibula and also injuries to other parts of the body. The claimant was admitted in the hospital for 15 days as per Ex.P7 – Discharge Summary. PW2 - Doctor has issued Disability Certificate as per Ex.P9, according to which, the claimant suffered 36% permanent disability to the lower limb and the Tribunal has considered 1/3 of the same as functional disability i.e., 15%. This Court finds no reason to interfere with the said order. 8. Claimant stated that he was earning Rs.20,000/- per month, but he has not filed any income proof. As the accident is of the year 2017, as per the chart issued by the Karnataka State Legal Services Authority, this Court deems it appropriate to reassess the income of the claimant at Rs.10,250/- per month. Accordingly, the claimant is entitled for loss of future earning capacity as under: - 7 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 Rs.*10,250/- x 12 x 18 x 15% = Rs.*3,32,100/- 9. The claimant was treated as inpatient in the hospital for 15 days. Looking to the nature of injuries and other relevant factors, this Court finds it reasonable to award an amount of Rs.10,000/- for medical expenses; Rs.50,000/- for pain and suffering; Rs.25,000/- for loss of amenities; and Rs.30,000/- for transportation, attendant and extra nourishment charges. Looking to the nature and seriousness of injuries, the claimant might not have attended any work atleast for 3 months, hence, he is entitled for Rs.30,750/- for loss of income during laid up period. 10. The compensation awarded by the Tribunal is modified as under: Sl. No. Heads Award by the Tribunal Award by this Court 1 Pain and suffering Rs.30,000/- Rs.50,000/- 2 Medical Expenses -- Rs.10,000/- *Corrected vide Court order dtd:25.03.2026. - 8 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 3 Loss of future earning capacity Rs.2,59,200/- Rs.*3,32,100/- 4 Transportation, extra nourishment and attendant charges Rs.24,050/- Rs.30,000/- 5 Loss of amenities Rs.20,000/- Rs.25,000/- 6 Loss of income during laid up period Rs.4050/- Rs.30,750/- Total Rs.3,37,300/- Rs.*4,77,850/- There will be enhancement of Rs.*1,40,550/- 11. In the result, the following order is passed: (i) Both the appeals are allowed in part. (ii) The claimant is entitled for the enhanced compensation of Rs.*1,40,550/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The Insurance Company is directed to deposit the entire compensation amount *Corrected vide Court order dtd:25.03.2026. - 9 - HC-KAR NC: 2025:KHC-K:6818 MFA No. 200787 of 2021 C/W MFA No. 200390 of 2021 along with interest within one month from the date of this judgment and is at liberty to recover the same from respondent No.1. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. (v) The amount already deposited is to be transferred to the Tribunal. Sd/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 44 CT: RJ