- 1 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 5645 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5644 OF 2019 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 6563 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 6577 OF 2021 (MV-I) IN MFA No. 5645/2019 BETWEEN: THE BRANCH MANAGER, THE UNITED INDIA INSURANCE COMPANY LIMITED, SHIVAMOGGA, NOW REP. BY ITS DIVISIONAL OFFICE, A A CIRCLE, B H ROAD, SHIVAMOGGA-577 201. REP. BY ITS DIVISIONAL MANAGER. …APPELLANT (BY SRI A M VENKATESH, ADVOCATE) AND: 1. SANDEEP, S/O VEERABHADRAPPA, AGED ABOUT 27 YEARS, AGRICULTURIST, R/O HOSURU VILLAGE, SASVEHALLI, HONNALI TALUK, PRESENTLY R/AT C/O. HALESHAPPA, 5TH CROSS, SHANTHINAGAR, SHIVAMOGGA CITY. 2. MOHAMMED BAJIULLA K G, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER S/O ABDUL GAFAR K B, MAJOR, R/O 1ST STAGE, 2ND CROSS, A M L NAGARA, SHIVAMOGGA CITY, (OWNER OF VAN BEARING: REG.NO.KA-19/N-9245) 3. FAYAZ AHAMED, S/O LATE ABDUL SUBAB SAB, AGED ABOUT 49 YEARS, R/O 8TH CROSS, TIPPU NAGARA, SHIVAMOGGA CITY, (DRIVER OF VAN BEARING REG.NO.KA-19/N-9245) …RESPONDENTS (BY SRI M V MAHESWARAPPA, ADVOCATE FOR R-1; NOTICE TO R-2 & R-3 IS HELD SUFFICIENT V/O DATED 31.07.2024) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 11.04.2019 PASSED IN MVC NO.154/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM AND AMACT-VII, SHIVAMOGGA, AWARDING COMPENSATION OF RS.5,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF THE PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 5644/2019 BETWEEN: THE BRANCH MANAGER, THE UNITED INDIA INSURANCE COMPANY LIMITED, SHIVAMOGGA, NOW REP. BY ITS DIVISIONAL OFFICE, A A CIRCLE, B H ROAD, SHIVAMOGGA-577 201, REP. BY ITS DIVISIONAL MANAGER. ...APPELLANT (BY SRI A M VENKATESH, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER AND: 1. MADHU, S/O HALAPPA, AGED ABOUT 27 YEARS, AGRICULTURIST, R/O HOSURU GRAMA, SASVEHALLI, HONNALI TALUK. PRESENTLY R/AT C/O HALESHAPPA, 5TH CROSS, SHANTHINAGAR, SHIVAMOGGA CITY. 2. MOHAMMED BAJIULLA K G, S/O ABDUL GAFAR K B, MAJOR, R/O 1ST STAGE, 2ND CROSS, A.M.L NAGARA, SHIVAMOGGA CITY. (OWNER OF VAN BEARING REG NO.KA-19/N-9245) 3. FAYAZ AHAMED, S/O LATE ABDUL SUBAB SAB, AGED ABOUT 49 YEARS, R/O 8TH CROSS, TIPPU NAGARA, SHIVAMOGGA CITY, (DRIVER OF VAN BEARING REG NO.KA-19/N-9245) ...RESPONDENTS (BY SRI M V MAHESWARAPPA, ADVOCATE FOR R-1; R-2 SERVED AND UNREPRESENTED; NOTICE TO R-3 IS DISPENSED WITH V/O DATED 31.07.2024.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2019 PASSED IN MVC NO.153/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, AMACT-VII, SHIVAMOGGA, AWARDING COMPENSATION OF RS.1,40,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. - 4 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER IN MFA NO. 6563/2021 BETWEEN: MADHU, S/O HALAPPA, AGED ABOUT 29 YEARS, R/AT HOSURU GRAMA, SASVEHALLI, HONNALLI TALUK. PRESENTLY R/AT C/O HALESHAPPA, 5TH CROSS, SHARAVATHI NAGARA, SHIVAMOGGA CITY-577 201. ...APPELLANT (BY SRI M V MAHESWARAPPA, ADVOCATE) AND: 1. MOHAMMED BAJIULLA R.G.S, S/O ABDUL GAFAR K.B, MAJOR, R/O 1ST STAGE, 2ND CROSS, AML NAGAR, SHIVAMOGGA CITY, SHIVAMOGGA-577 201. 2. FAYAZ AHMED, S/O LATE ABDUL SUBAB SAB, AGED ABOUT 51 YEARS, R/O 5TH CROSS, TIPPU NAGARA, SHIVAMOGGA 577 201. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., A.A CIRCLE, SHIVAMOGGA-577 201. ...RESPONDENTS (BY SRI A.M VENKATESH, ADVOCATE FOR R-3; NOTICE TO R-1 & 2 IS DISPENSED WITH V/O DATED 31.07.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2019 PASSED IN MVC NO.153/2016 ON THE FILE OF THE I ADDITIONAL SENIOR - 5 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER CIVIL JUDGE CJM AND AMACT, VII SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6577/2021 BETWEEN: SANDEEP, S/O VEERABHADRAPPA, AGED ABOUT 29 YEARS, R/AT HOSURU GRAMA, SASVEHALLI, HONNALLI TALUK. PRESENTLY R/AT C/O HALESHAPPA, 5TH CROSS, SHARAVATHI NAGARA, SHIVAMOGGA CITY-577 201. ...APPELLANT (BY SRI M V MAHESWARAPPA, ADVOCATE) AND: 1. MOHAMMED BAJIULLA K.G, S/O ABDUL GAFAR K B, MAJOR, R/O 1ST STAGE, 2ND CROSS, AML NAGAR, SHIVAMOGGA CITY, SHIVAMOGGA-577 201. 2. FAYAZ AHMED, S/O LATE ABDUL SUBAB SAB, AGED ABOUT 51 YEARS, R/O 5TH CROSS, TIPPU NAGARA, SHIVAMOGGA-577 201. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., A.A. CIRCLE, SHIVAMOGGA-577 201. ...RESPONDENTS (BY SRI A.M VENKATESH, ADVOCATE FOR R-3; NOTICE TO R-1 & R-2 ARE DISPENSED WITH V/O DATED 31.07.2024) - 6 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.04.2019 PASSED IN MVC NO. 154/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM AND AMACT, VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Being aggrieved by the common judgment and award in MVC No.153/2016 and MVC No.154/2016 by learned I Additional Senior Civil Judge and CJM and AMACT-VII Shivamogga dated 11.04.2019, the Insurance Company has filed MFA No.5644/2019 and MFA No.5645/2019 and the petitioners have filed MFA No.6563/2021 and MFA No. 6577/2021 before this Court. 2. For the sake of convenience, parties are referred as per their rank before the Tribunal. 3. The factual matrix is that on 11.09.2015 when the petitioners were traveling on the motorcycle bearing - 7 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER No. KA.14-X-2591, [ridden by the Sandeep - petitioner in MVC No.154/2016], a Maruthi Omni bearing No. KA.19-N- 9245 came from the opposite direction and dashed to the motorcycle resulting in the petitioners falling down and sustaining the injuries. The pillion rider Madhu and the rider Sandeep were shifted to Mc.Gann Hospital, Shivamogga, and thereafter, the said Madhu was shifted to Kasturba Hospital, Mangaluru, for treatment. It was alleged that the accident occurred due to negligence on the part of the driver of the Maruthi Omni and it was being driven by respondent No.2- Fayaz Ahmad in negligent manner and that the said vehicle was owned by respondent No.1; and as on the date of the accident, the vehicle was insured by respondent No.3. The petitioners have claimed compensation from the owner and insurer of the Maruthi Omni vehicle. 4. Respondent Nos.1 and 2 appeared before the Tribunal but did not file any written statement. Respondent No.3- Insurance Company appeared and - 8 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER contested the matter by contending that the accident was not due to the negligence on the part of the Maruthi Omni driver and the compensation claimed is highly exorbitant, imaginary and untenable. It was also contended that the rider of the motorcycle was negligent and therefore, there is contributory negligence. It was also contended that the driver of the Maruthi Omni i.e., respondent No. 2 was not having a valid driving licence at the time of the accident and therefore, the Insurance Company is not liable to pay the compensation to the petitioners. 5. On the basis of the above contentions, the Tribunal framed appropriate issues in both the petitions. The petitioners were examined as PW1 and PW2 and Exhibits P1 to P59 were marked. The official of respondent No. 3 was examined as RW1 and Exhibits P1 to P6 were marked. 6. After hearing both sides, the Tribunal held that the driver of the Maruthi Omni was having driving licence - 9 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER except for about period of 3 months during which time the accident had occurred. Therefore, it held that the Insurance Company is liable to pay the compensation amount. The Tribunal determined the global compensation amount of ₹1,40,000/- to be paid to the petitioner in MVC No.153/2016 and ₹5,000/- to the petitioner in MVC No.154/2016. 7. Being aggrieved by fastening of the liability on the Insurance Company, it has filed the appeals in MFA Nos. 5644/2019 and 5645/2019. The petitioners have approached this Court contending that the compensation awarded to them is meagre in MFA Nos. 6563/2021 and 6577/2021. 8. The arguments by both the sides were heard. 9. Petitioner Madhu in MVC No.153/2016 was the pillion rider of the motorcycle and he had sustained closed fracture of the right tibia, closed fracture of left distal radius, closed fracture of the first metacarpal base, closed - 10 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER communited un-displaced fracture of the left pigiform bone and two other lacerated wounds over right little finger. He contended that he took the preliminary treatment for one day at Mc.Gann Hospital, Shivamogga and then he was shifted to Kasturbha Hospital at Mangaluru and he was inpatient for a period of six days. He contended in support of his contention, he has placed reliance on the wound certificate at Ex. P5, discharge summary at Exs.P10 and P10 and the bills of Kasturba Hospital. 10. It is worth to note that the wound certificate at Ex.P5 and the discharge summary at Ex.P10 clearly establish the injuries suffered by the petitioner. Though the learned counsel appearing for the Insurance Company vehemently contended that the X-ray films are not produced, this Court finds that such a contention is unfounded since the veracity of the discharge summary of the Government Hospital was not questioned. The records of two hospitals clearly establish the nature of the injuries - 11 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER sustained by the petitioner and therefore, this argument is unacceptable. 11. The Tribunal has not awarded the compensation by referring to different heads admissible. What it has done is, awarding a global compensation of ₹1,40,000/- despite it calculates the medical expenses. 12. Hence, the petitioner is entitled for a sum of ₹40,000/- under the head of 'pain and suffering', a sum of ₹50,000/- under the head of 'loss of amenities in life', a sum of ₹10,000/- under the 'head of miscellaneous expenses' as he had to take treatment at Mangalore and a sum of ₹18,000/- towards the 'loss of income during the laid up period'. This would be in addition to the compensation amount of ₹97,451/- as awarded by the Tribunal towards the medical expenses. Therefore, the petitioner is entitled for the compensation of ₹2,15,451/- as below: - 12 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER Pain and suffering ₹ 40,000/- Loss of amenities in life ₹ 50,000/- Miscellaneous expenses ₹ 10,000/- Loss of income during laid up period ₹ 18,000/- Medical expenses ₹ 97,451/- Total Less: Awarded by Tribunal Enhancement ₹2,15,451/- ₹1,40,000/- ₹ 75,451/- 13. Insofar as the compensation to be awarded in respect of petitioner-Sandeep in MFA No.154/2019 is concerned, except the wound certificate, there is no other material which is available. The wound certificate shows that he had sustained a simple lacerated injury and therefore, a sum of ₹5,000/- has been awarded by the Tribunal which do not require any interference by this Court. 14. The learned counsel appearing for the Insurance Company contends that respondent No.2, driver of the Maruthi Omni was not having a valid driving licence at the time of the accident. - 13 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER 15. A perusal of the impugned judgment would show that the documents produced by the Insurance Company and the police papers clearly establish that respondent No.2 was having a driving licence valid upto 15.06.2017 and the accident occurred on 11.09.2015. However, respondent No.2 had renewed his driving licence on 19.10.2015. Therefore, the accident had occurred during a period when his licence was not in force. Respondent No.1, owner of the vehicle despite appearing before the Tribunal, did not take the contention that he was unaware of the expiry of the driving licence and with a bonafide belief he had entrusted the vehicle in the hands of respondent No.2. Therefore, considering the fact that respondent No.2 was not having his licence valid at the time of the accident, the learned counsel for the petitioners contends that the principles laid down in the case of Pappu Vs. Vinod Kumar Lamba and another1 1 (2018)3 SCC 208 - 14 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER would be applicable and as such, an order of pay and recovery may be made. 16. Therefore, appeals filed by the Insurance Company and the appeal filed by petitioner in MVC No.153/2021 deserve to be allowed in part and the appeal filed by petitioner in MVC No.154/2021 deserves to be dismissed. Hence, the following: ORDER (a) MFA Nos. 5645/2019 and 5644/2019 filed by the Insurance Company are allowed in part. (b) MFA No.6563/2021 filed by petitioner in MVC No.153/2016 is also allowed in part. (c) MFA No.6577/2021 filed by petitioner in MVC No.154/2016 is dismissed. (d) The petitioner in MVC No.153/2016 [MFA No.6563/2021] is entitled for a sum of ₹75,451/- in - 15 - HC-KAR NC: 2025:KHC:37751 MFA No. 5645 of 2019 C/W MFA No. 5644 of 2019 MFA No. 6563 of 2021 AND 1 OTHER addition to the compensation amount as awarded by the Tribunal, along with interest at 6% p.a. from the date of petition till its realisation. Impugned judgment is modified accordingly. (e) Insurance Company is directed to deposit the compensation amount within four weeks from today and is at liberty to recover the same from the owner of the vehicle. (f) Order of the Tribunal regarding apportionment and deposit remain unaltered. (g) The amount deposited in MFA Nos.5645/2019 and 5644/2019 shall be transmitted to the Tribunal, forthwith. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 38