- 1 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 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. 3620 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3538 OF 2023 (MV-I) IN MFA No. 3620/2023 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 LEGAL MANAGER, MAGMA HDI GIC LTD., NO.36, II FLOOR, MINVERVA CIRCLE, J.C.ROAD, BANGALORE-27 …APPELLANT (BY SRI.MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI.PRADEEP B., ADVOCATE) AND: 1. RANGESH G.S., S/O SHIVANNA, AGED ABOUT 27 YEARS, R/AT GOWDENAHALLI VILLAGE, MAVATHURU POST, HEBBALU HOBLI, K.R. NAGARA TALUK, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 of 2023 MYSURU-571 602 2. MUKTHAR AHAMAD S/O ABDUL HAFEEZ, 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.1448/2021 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.4,59,700/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 3538/2023 BETWEEN: RANGESH G.S., S/O SHIVANNA AGED ABOUT 27 YEARS R/A GOWDENAHALLI VILLAGE MAVATHURU POST, HEBBALU HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602 ...APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. MUKTHAR AHAMAD S/O ABDUL HAFEEZ MAJOR R/A NO.8, 1ST CROSS SHIVAJI ROAD, RAJPURTH BLOCK N R MOHALLA MYSURU-570 007 - 3 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 of 2023 2. MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD., NO.71, 1ST FLOOR, BSD ARCADE SAVUKAR CHENNAIAH ROAD ABOVE PNB BANK SARASWATHIPURAM MYSURU-570 009 ...RESPONDENTS (BY SRI.MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI.PRADEEP B., ADVOCATE FOR R2 V/O/DATED: 08/09/2025- NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:04.02.2023 PASSED IN MVC NO.1448/2021 ON THE FILE OF THE COURT OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, 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.1448/2021 dated 04.02.2023 by the Addl. Small Causes and Senior Civil Judge & MACT, Mysuru, whereby the tribunal had fixed the liability on the owner of the vehicle, both the insurance company and the claimant are before this court. The Claimant’s appeal is MFA No.3538/2023 and the insurance Company’s appeal is MFA No.3620/2023. - 4 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 of 2023 2. The Tribunal had granted compensation of an amount of Rs.4,59,700/- as per the table given below: SL. No. Heads Compensation Awarded 1. Treatment Hospitalization and medication : Rs. 1,25,500/- 2. Loss of earning during laid up period : Rs. 15,000/- 3. Loss of future earning due to disability : Rs. 2,59,200/- 4. Pain and suffering : Rs. 40,000/- 5. Loss of Amenities : Rs. 10,000/- 6. Transport, Attendant & Nourishment Charges : Rs. 10,000/- TOTAL : Rs. 4,59,700/- 3. Learned counsel appearing for the insurance company submits that the driver of the offending vehicle was not having a valid driving license as on the date of the accident and the tribunal has failed to observe the charge sheet, which clearly shows that the driver did not possess valid and effective DL. 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, the amounts that are granted by the Tribunal on all the counts are on the higher side. - 5 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 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 25% to the limb, the tribunal had taken 10% functional disability and hence, 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, the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 1 2004 (3) SCC 297 - 6 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 of 2023 6. Then coming to the compensation, under the head of pain & suffering, medical expenses and loss of future earning capacity, the tribunal has rightly granted the compensation at Rs.40,000/-, Rs.1,25,500/- and Rs.2,59,200/- respectively and no interference is called for. But when it comes to loss of earning during the laid up period, the Tribunal had granted Rs.15,000/-, considering the injuries sustained, this court is granting an amount of Rs.45,000/-. Then towards loss of amenities the Tribunal had granted Rs. 10,000/-. Considering the disability of 8% this Court is granting an amount of Rs.15,000/-. When it comes to the attendant and nourishment charges, when he was in hospital, the Tribunal had granted an amount of Rs.15,000/- and this Court is reducing the same to an amount of Rs.6,000/-. 7. 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 2 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 of 2023 claimant is entitled for compensation for an amount Rs.5,00,700/- . 8. 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. 1,25,500/- 1,25,500/- 3. Attendant & Nourishment charges : Rs. 10,000/- 6,000/- 4. Loss of earning during the laid up period : Rs. 15,000/- 45,000/- 5. Loss of Future Income : Rs. 2,59,200/- 2,59,200/- 6. Loss of Amenities : Rs. 10,000/- 15,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 4,59,700/- 5,00,700/- i. Accordingly, the appeal of the insurance company MFA.No.3620/2023 is partly allowed by holding that the principle of pay and recover will apply and the appeal of the claimant MFA.No.3538/2023 is partly allowed by enhancing the compensation from Rs.4,59,700/- to Rs. 5,00,700/-. - 8 - HC-KAR NC: 2025:KHC:36353 MFA No. 3620 of 2023 C/W MFA No. 3538 of 2023 ii. The insurance company shall pay the compensation amount to the claimant and recover the same from the owner of the vehicle. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The enhanced amount shall carry 6% interest per annum from the date of petition till the date of realization. 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. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 20