- 1 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1672 OF 2023(MV-I) BETWEEN: ROLLAPPA, S/O. CHIKKERERAPPA, AGED ABOUT 53 YEARS, R/AT THIRUMALAPALYA, CHIKKATHOTLUKERE POST, KORA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT-572101. …APPELLANT (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE) AND: 1. NAGARAJU M., S/O. MANJUNATHA, AGED ABOUT 44 YEARS, R/AT NO ANTHARASANAHALLI VILLAGE, AREKERE POST, KASABA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT 572101. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 2. THE MANAGER, ICICI LOMBARD GEN INSURANCE COM. LTD., KRISHNA ARCADE, 1ST FLOOR, 2ND CROSS, M G ROAD, ABOVE CITY UNION BANK, TUMKURU 572101. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/O/D 18.09.2025 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.03.2022 PASSED IN MVC NO.1076/2020 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1076/2020 dated 31.03.2022 by the VI Addl. District and Sessions Judge, Tumakuru, whereby the Trial Court had awarded the compensation of an amount of Rs.3,74,000/-, the claimant is before this Court seeking enhancement of compensation and also questioning the liability fixed on the owner of the vehicle. The claim petition is filed seeking compensation of an amount of Rs.15,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 07.01.2020 at about 3.00 pm., when the claimant was travelling as a pillion rider on the bike and when they came near Arasappana chathra near Mallenahalli, Kasaba Hobli, Tumakur Taluk, at that time another bike driven by its driver in a rash and negligent manner dashed against the claimant’s bike resulting in the claimant suffering grievous injuries on all parts of the body. Basing on the evidence, the Trial Court had awarded the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 Sl. No. Heads of Compensation Amount awarded 1. Pain and suffering Rs. 45,000/- 2. Loss of amenities Rs. 35,000/- 3. Nursing, attendants, extra nourishment and conveyance Rs. 10,000/- 4. Future Medical expenses Rs. 58,000/- 5. Loss of earning during treatment Rs. 18,000/- 6. Medical expenses Rs. 1,54,000/- 7. Loss of future earning capacity Rs. 54,000/- Total Rs. 3,74,000/- 3. Learned counsel appearing for the claimant submits that as the driver was not having a valid driving license, the Trial Court had fixed the liability on the owner of the vehicle. It is submitted that in the light of the law laid down by the Hon’ble Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh and others1, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. It is submitted that when he was in hospital for 18 days, the Trial Court had awarded only an amount of Rs.10,000/- under the head of nourishment and conveyance charges. It is further submitted that coming the loss of income during the laid up period, when it is a femur 1 2004 ACJ 1 - 5 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 fracture and when the accident had taken place in the year 2020, the Trial Court had taken the income at Rs.9,000/- per month instead of Rs.14,500/- per month. Further, under the head of loss of future income also, the amount needs to be enhanced. 4. Notice to respondent No.1/owner of the vehicle is dispensed with as he was set exparte before the Trial Court. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Trial Court had rightly considered and had rightly awarded the compensation amount and no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. Under the head of pain and suffering, future medical expenses, medical expenses and loss of amenities, the Trial Court had rightly granted the compensation and no interference is called for. As the claimant was in hospital for 18 days, towards nourishment and incidental expenses, this Court is granting an amount of Rs.18,000/-. Coming to the loss of income during the laid up period, considering that it is a femur fracture and considering - 6 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 the income at Rs.14,500/- per month, this Court is granting an amount of(14,500X4) Rs.58,000/-. Towards the loss of future income, this Court is granting an amount of (14,500X12X5X10/100)=Rs.87,000/-. 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. 8. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Compensation Awarded by Trial Court Compensation Awarded by this Court 1. Pain and suffering : Rs. 45,000/- 45,000/- 2. Loss of amenities : Rs. 35,000/- 35,000/- 3. Nursing, attendants, extra nourishment and conveyance : Rs. 10,000/- 18,000/- 4. Future Medical expenses : Rs. 58,000/- 58,000/- 5. Loss of earning during treatment : Rs. 18,000/- 58,000/- 6. Medical expenses : Rs. 1,54,000/- 1,54,000/- 7. Loss of future earning capacity : Rs. 54,000/- 87,000/- 8. Legal expenses : Rs. 00/- 10,000/- 2 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 Total : Rs. 3,74,000/- 4,65,000/- Enhanced amount : Rs. 91,000/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.4,65,000/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,74,000/- to Rs.4,65,000/- and the insurance company shall pay the compensation and recover the same from the owner of the vehicle. i) The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Trial Court. iii) Respondent No.2/Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. iv) Respondent No.2/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. - 8 - HC-KAR NC: 2025:KHC:37847 MFA No. 1672 of 2023 v) On 18.09.2025, the delay of 251 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 7