- 1 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1091 OF 2024 (MV-I) BETWEEN: THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE SOUTHERN PORTION, EAST WING, 5TH CROSS, NO.28, CENTENARY BUILDING M.G. ROAD BENGALURU - 560 001 …APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1. CHANDRASHEKAR S/O MUNIYAPPA AGED ABOUT 57 YEARS HONNAVALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK – 572 217 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 2. PRASANNAKUMAR G.R S/O RAJANNA C., AGED ABOUT 48 YEARS RESIDENT OF GOWDANAKATTE VILLAGE, MATTIAHLLI POST, KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT - 572 201 …RESPONDENTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE FOR R1 SRI.M.B.CHANDRACHOODA, ADVOCATE FOR R2) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2023 PASSED IN MVC NO. 118/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE (MACT) AND JMFC TIPTUR, AWARDING COMPENSATION OF RS. 9,31,900/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.118/2022 dated 01.12.2023 by the Senior Civil Judge & JMFC and MACT, Tiptur, the Insurance Company is before this Court questioning the quantum as well as the liability. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the accident. When it comes to the liability, the Tribunal has held that the insurance company alone is liable to pay the compensation and granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of future income : Rs. 6,69,900/- 2. Pain and sufferings : Rs. 75,000/- 3. Loss of income during treatment : Rs. 87,000/- 4. Loss of future happiness and amenities : Rs. 50,000/- 5. Future treatment : Rs. 50,000/- TOTAL : Rs. 9,31,900/- 3. Learned counsel appearing for the appellant/insurance company submits that the driver of the offending vehicle was - 4 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 not possessing driving license. He was having learner’s license and he was not qualified to drive without the presence of a person who is having a valid driving license as such there is violation of terms and condition of the policy. It is the owner of vehicle who is liable to pay the compensation but not the insurance company. When it comes to the compensation, it is submitted that the Tribunal under the head of loss of future income had taken the disability at 35%. When it is the evidence of the doctor that there is 42% disability to the lower limb and 30% disability to the upper limb, the Tribunal ought not to have taken 35% as disability. It is submitted that the amount of compensation that is awarded by the Tribunal is on the higher side. 4. Learned counsel appearing for the respondent/claimant submits that the Tribunal has rightly granted the compensation and there are no grounds to interfere. 5. Learned counsel appearing for the owner of the vehicle submits that the Tribunal has rightly fixed the liability on the insurance company and no interference is called for. - 5 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 6. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, the driver of the offending vehicle was having a Learner’s License and the violation is that the person who is having a valid driving license has not accompanied the claimant and Insurance company is not liable to pay the compensation. In the light of the law laid down by the Hon’ble Apex Court in case of National Insurance Co. Ltd., Vs. Swaran Singh & others1 still the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 7. Coming to the compensation, considering the injuries that are sustained by the claimant, under the head of pain and suffering the Tribunal has rightly considered and granted an amount of Rs.75,000/-. Towards Incidental expenses, as he was in hospital for 9 days, no amount is awarded by the Tribunal and this Court is granting an amount of Rs.9,000/-. Coming to the loss of income during laid up period the Tribunal had considered for six months, this Court is granting 1 2004 (3) SCC 297 - 6 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 for 4 months(Rs.14,500x4) is Rs.58,000/. Coming to the loss of future income the Tribunal ought to have taken the disability at 22% as 30% disability to the upper limb, 1/4th of it will come to 7.5% and lower limb disability at 42%, 1/3rd of it comes to 14%, altogether it comes to 21.5% disability. Hence this Court is taking 22% as disability. Towards loss of future income, taking income at Rs.14,500/- + future prospect 10% i.e., Rs.1,450/- it comes to Rs.15,450/-, this court is granting an amount of Rs.4,48,668/-. (Rs.15,450/-×12x11x22/100) Towards loss of amenities, the Tribunal has rightly granted an amount of Rs.50,000/-and no interference is called for. Towards future treatment, considering that he has to undergo 2 operations this Court is granting an amount of Rs.60,000/-. 8. The claimant is entitled for compensation of an amount of Rs.7,00,668/- under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income : Rs. 6,69,000/- 4,48,668 2. Pain and sufferings : Rs. 75,000/- 75,000/- 3. Loss of income during laid up period : Rs. 87,000/- 58,000/- 4. Loss of future : Rs. 50,000/- 50,000/- - 7 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 happiness and amenities 5. Future treatment : Rs. 50,000/- 60,000/- 6. Towards incidental expenses : Rs. 00/- 9,000/- TOTAL : Rs. 9,31,900/- 7,00,668/- i. Accordingly, the appeal filed by the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.9,31,900/- to Rs.7,00,668/-. ii. The amount in deposit shall be forthwith transferred to the Tribunal. iii. The Insurance company shall pay the compensation amount and recover the same from the owner of the vehicle within a period of eight weeks from the date of receipt of copy of the judgment. iv. If any excess amount is deposited, the Insurance Company is at liberty to withdraw the same. 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. - 8 - HC-KAR NC: 2025:KHC:46758 MFA No. 1091 of 2024 vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 135