- 1 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.694 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.703 OF 2022 (MV-I) IN MFA No.694/2022: BETWEEN: MISS YASHASHWINI D/O KUMARA, AGED ABOUT 24 YEARS, R/AT SHETTIGERE, KOTHAGERE, HOABLIM, DODDAMALAVADI, BHAKTHARAHALLIM POST, KUNIGAL TALUK, KOTTHAGERE, TUMKURU-572 130. …APPELLANT (BY SRI. VIJAY KUMAR T.,ADVOCATE) AND: 1. THE MANAGER THE CHOLA MANDALAM MS GIC LTD., UNIT NO.04, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, INDUSTRIAL SUBURB RAJAJINAGAR, 4TH M BLOCK, BENGALURU-560 010. 2. MR.KESHAVA.G, S/O GANGAIAH, MAJOR, R/AT DODDAGOLLAHALLI, KARNKUPPE POST, Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 HEBBUR HOBLI, TUMKURU TALUK, TUMKUR DISTRICT-572 120. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R1, VIDE ORDER DATED 28.11.2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.11.2021 PASSED IN MVC NO.5757/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO.703/2022: BETWEEN: MR. SHANKARE GOWDA D.S., S/O. SHAMBHAIRAVA, AGED ABOUT 35 YEARS, PERMANENT ADDRESS R/AT KOTHAGERE HOABLIM, DODAMALAVADI, BHAKTHARAHALLIM POST, KUNIGAL TALUK, KOTTHAGERE, TUMKURU-572 130. PRESENT ADDRESS: NO.9, 3RD FLOOR, 1ST MAIN, 3RD CROSS, MUNESHWARA LAYOUT, BENGALURU-560 038. ...APPELLANT (BY SRI. VIJAY KUMAR T.,ADVOCATE) AND: 1. THE MANAGER THE CHOLA MANDALAM MS GIC LTD., - 3 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 UNIT NO.04, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4TH M BLOCK, BENGALURU-560 010. 2. MR. KESHAVA G, S/O.GANGAIAH, MAJOR, R/AT DODAGOLLAHALLI, KARNKUPPE POST, HEBBUR HOBLI, TUMKURU TALUK, TUMKURU DISTRICT-572 120. ...RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R1, VIDE ORDER DATED 14.02.2024, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.11.2021 PASSED IN MVC NO.5756/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 4 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 ORAL COMMON JUDGMENT Both these appeals arise out of common judgment and award dated 25.11.2021, passed by the Chief Judge, Court of Small Causes and Prl.M.A.C.T., Bengaluru (SCCH- 1), (for short `Tribunal'), in MVC No.5757/2019 and MVC.No.5756/2019. 2. MFA.No.694/2022 is filed against the judgment and award passed in MVC.No.5757/2019 and MFA.No.703/2022 is filed against the judgment and award passed in MVC.No.5756/2019. Both the cases were disposed of by the common judgment by the Tribunal, therefore, they are taken up together for disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 4. The brief facts of the case are that, on 15.08.2019, both the claimants in above petition were proceeding on the motorcycle bearing registration - 5 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 No.KA-06-EH-7327 and they met with an accident at about 8.45 p.m., in front of house of one Rudresh, at Bannimaradakatte, on Tumakuru-Kunigal road, due to rash and negligent riding of the motorcycle bearing registration No.KA-06-HE-3665 (offending vehicle). As a result, both the claimants sustained grievous injuries. They took treatment as an inpatient and have spent substantial amount towards medical expenses. Both have suffered permanent disability. With these reasons, they prayed for awarding of compensation. 5. The respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle. Before the Tribunal, respondent No.1 remained ex parte. Respondent No.2 in its written statement denied the petition averments and denied its liability to pay the compensation. With these reasons, prayed to dismiss the claim petitions. 6. From the rival contentions of the parties, the Tribunal framed necessary issues, recorded the evidence - 6 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 and after hearing both parties, Tribunal held that accident occurred due to rash and negligence of the rider of the offending vehicle. The Tribunal by the impugned judgment and award, awarded global compensation of Rs.25,000/- to the claimant in MVC.No.5757/2019 and Rs.3,08,235/- in favour of the claimant in MVC.No.5756/2019. Being dissatisfied with the amount of compensation awarded by the Tribunal, the claimants in both the cases have preferred the present appeals. 7. Heard the arguments of the learned counsel appearing for the claimants as well as the insurer. 8. Learned counsel for the appellants/claimants contended that the compensation awarded by the Tribunal is inadequate and hence, prayed to enhance the compensation. 9. Learned counsel for respondent No.1-insurer submitted that the Tribunal has properly considered the case of the claimants and has awarded a just and reasonable compensation, which does not call for any - 7 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 interference by this Court and prayed for dismissal of the appeals. 10. The fact of the accident and the injuries sustained by the claimants are not in serious dispute. Therefore, there is no need to reconsider the same. 11. The claimant in MVC.No.5757/2019 had sustained lacerated wound. She was admitted as an inpatient in the hospital for three days. Looking at the injuries sustained and the treatment taken by the claimant, loss of income during the laid up period etc., the amount awarded by the Tribunal is on the lower side. On re-appreciating the materials available on record, she is entitled to enhancement of global compensation of Rs.50,000/-. 12. In MVC.No.5756/2019, claimant sustained fracture of both the bones of right leg. He was admitted to the hospital as an inpatient, where he underwent surgery and received treatment for seven days as inpatient. In his evidence, the claimant described the - 8 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 difficulties he has faced due to his injuries. He also stated that he is still experiencing pain in his right leg and is unable to walk, squat, jump, stand for long periods, or use an Indian toilet etc., 13. To substantiate his case, claimant examined the doctor - PW-3, who in his evidence has stated about the pain and stiffness of the right knee and ankle; and difficulties of the claimant in sitting on the floor, climbing stairs and walking etc., According to him, the claimant has been suffering from a permanent disability to the right lower limb to an extent of 36% and he has to spend an amount of Rs.50,000/- towards future medical expenses. In his cross-examination, he denied the suggestions of the insurer and also denied that the operation could be conducted by spending an amount of Rs.15,000/-. 14. Looking at the nature of injuries, treatment taken and other materials, the amount of compensation - 9 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 awarded by the Tribunal on some of the heads are on the lower side. 15. The claimant has contended that he was working as a Field Officer in Airtel Broadband and earning a salary of Rs.35,000/- per month. The Tribunal has not awarded any amount of compensation under the head `loss of future earning capacity due to permanent disability'. The difficulties stated by the claimant, which is corroborated by the doctor - PW-3, would continue throughout his life. Therefore, he was not properly compensated under the head `loss of amenities' also. 16. The doctor who was examined before the Tribunal in 2021 assessed approximate future medical expenses for a second surgery to remove the implants at Rs.50,000/-. The claimant had taken treatment in a private hospital. There are no materials to reject the said contention with respect to future medical expenses. - 10 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 17. The Tribunal has awarded compensation of Rs.9,000/- only under the head `attendant charges, conveyance charges, special diet', which is also on the lower side. Considering all these facts and circumstances of the case, the claimant in MVC.No.5756/2019 is entitled to an enhanced global compensation of Rs.1 lakh under all the heads, in addition to the amount awarded by the Tribunal. 18. The claimants in both the cases are also entitled to interest on the enhanced amount at the rate of 6% p.a. from the date of petition till its realisation. 19. The Tribunal in the impugned judgment, directed the insurer of the offending vehicle to pay the amount of compensation along with interest and it is at liberty to recover it from the owner of the offending vehicle. The owner has not challenged the said findings of the Tribunal. There is violation of terms of policy of insurance. Under these circumstances, there is no need to interfere in the said findings of the Tribunal. - 11 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 20. In the result, I proceed to pass the following: ORDER i) MFA.No.694/2022 and MFA.No.703/2022 are allowed in part. ii) The judgment and award dated 25th November 2021, passed by the Chief Judge, Court of Small Causes and Prl.M.A.C.T., Bengaluru (SCCH-1), in MVC No.5757/2019 and MVC.No.5756/2022, stands modified. iii) The claimant in MVC.No.5757/2019 is entitled to enhanced global compensation of Rs.50,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization. The claimant in MVC.No.5756/2019 is entitled to enhanced global compensation of Rs.1,00,000/- with interest at the rate of 6% p.a., from the date of petition till its realization. iv) The respondent No.1 - Insurance Company shall deposit the amount within a period of six weeks from the date of award and it is at liberty to recover the same from the - 12 - HC-KAR NC: 2025:KHC:46614 MFA No. 694 of 2022 C/W MFA No. 703 of 2022 owner of the offending vehicle (respondent No.2 herein). v) The amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimants on due identification. vi) Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE bk/ List No.: 1 Sl No.: 45