- 1 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6251 OF 2021 (MV-I) BETWEEN: MR.ASHWIN SHETTY @ AHSWIN S/O. PRAKASH @ NAVEEN AGED ABOUT 24 YEARS R/AT NO.4-138/1/1, ANANDANAGAR, AKASHBHAVANA KAVOOR, MANGALURU D.K. DISTRICT - 575 015 …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. HEMACHANDRA S/O. JATTAPPA AGED ABOUT 39 YEARS RESIDING AT DOOR NO.1-7-9--7-D, URWA STORE, SUNKADAKATTE NEAR KARDABBU TEMPLE ASHOKNAGAR POST, MANGALURU D.K. DISTRICT - 575 001 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., SALDANHA BUILDING BRIDGE ROAD BALMATTA MANGALURU D.K. DISTRICT - 575 001 …RESPONDENTS (BY SRI.H.C.VRUSHABHENDRAIAH, ADVOCATE FOR R2 R1- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.12.2020 PASSED IN MVC NO. 1411/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 JUDGE, MANGALURU D.K, PARLTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.1411/2017 dated 18.12.2020 by the II Addl. Senior Civil Judge, Mangalore (D.K) whereby the tribunal had fixed the liability on the owner of the vehicle and the claimant is before this court seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.7,00,000/- for the injuries sustained by the claimant in the road traffic accident occurred on 20.08.2017. The tribunal had granted compensation under following heads as thus: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 60,000/- 2. Medical Expenses : Rs. 1,31,484/- 3. Food and Attendant charges : Rs. 4,200/- 4. Loss of future income : Rs. 1,74,960/- 5. Loss of income during the laid up period : Rs. 18,000/- 6. Loss of Amenities : Rs. 20,000/- TOTAL : Rs. 4,08,644/- - 3 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 3. Learned counsel appearing for the appellant submits that the claimant is the pillion rider. As three people were travelling on the motorcycle, the Tribunal has fixed the liability against the owner of the vehicle alone. It is submitted that in the light of the settled law, if there is triple riding, it would be an offence as per the provisions of the Motor Vehicles Act but it cannot be a ground to fix the liability on the owner of the vehicle. It is submitted that the Tribunal ought to have fixed the liability on the insurance company, but not on the owner of the vehicle. Then coming to the compensation, it is submitted that when claimant had sustained 3 fractures under the head of pain and suffering and Attendant and Nourishment charges, the Tribunal has not granted reasonable amount. Further, the tribunal had taken the income at Rs.9,000/- as the accident had taken place in the year 2017, the tribunal ought to have taken the income at Rs.11,000/-. It is submitted that under all other heads, the amount that is awarded by the Tribunal is not just and reasonable. Though the doctor's evidence says he requires Rs.60,000/- for the future operation, in the discussion, it is Rs.20,000/-, but when it comes to the calculation, the - 4 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 same is missing. It is submitted that on all the counts the amount of compensation needs to be enhanced. 4. Learned counsel appearing for the insurance company submits that the three people are not supposed to ride on the bicycle. It is submitted that the owner of vehicle well known about this fact, he is carrying 2 other persons along with him, that itself amounts to violation of the terms and conditions of the policy and it is an offence as per the MV Act. In those circumstances, the Tribunal had rightly fixed the liability on the owner of the vehicle. It is submitted that even on the other counts also, the amount that is awarded by the tribunal is just and reasonable. Though notice is served on the owner of the vehicle, both before the trial court and this court he has not appeared before the court. 5. Having heard the learned counsels on either side, perused the entire material on record. First coming to the liability aspect, the claimant is a pillion rider. If the owner of the vehicle has committed violation of the terms and conditions of the policy or he has violated any of the terms of the Motor Vehicles Act, that cannot be the reason for the Tribunal to fix - 5 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 the liability on the owner of vehicle alone. The pillion rider is the third party to the insurance policy. The owner of the vehicle, in spite of the notice received, he has neither appeared before the trial court nor before this court. In these circumstances, this court holds that the insurance company is liable to pay the compensation and the same has to be recovered from the owner of the vehicle. 6. Then coming to the compensation, considering the three fractures sustained under the head of pain and suffering this court is granting an amount of Rs.80,000/-. Towards attendant food and nourishment, as he was in hospital for the 8 days this court is granting an amount of Rs.8,000/-. Towards medical expenses the tribunal has rightly granted an amount of Rs.1,31,484/-and no interference is called for. Then coming to loss of income during the laid up period, considering the injuries and taking the income at Rs.11,000/- as per the chart prepared by State Legal Services Authority, this court is granting an amount of Rs.44,000/-.Towards Loss of amenities this court is granting an amount of Rs.30,000/-. Then coming to loss of - 6 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 future income taking income at Rs.11,000/- this court is granting an amount of Rs.2,49,488/- (Rs.11,000/- x12x18x10.5/100= Rs.2,49,488/-). Towards future medical expenses considering the three fractures this court is granting is granting an amount of Rs.40,000/-. 77. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 8. Altogether the claimant is entitled for compensation for an amount of Rs.5,92,972/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering Rs. 60,000/- 80,000/- 2. Medical Expenses Rs. 1,31,484/- 1,31,484/- 3. Food and Attendant charges Rs. 4,200/- 8,000/- 4. Loss of future income Rs. 1,74,960/- 2,49,488/- 5. Loss of income during the laid up period Rs. 18,000/- 44,000/- 6. Loss of Amenities Rs. 20,000/- 30,000/- - 7 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 7. Future medical expenses Rs. 40,000/- 8. Legal expenses Rs. 10,000/- TOTAL Rs. 4,08,644/- 5,92,972/- i. Accordingly, the appeal filed by the claimant is Partly Allowed by enhancing the compensation from an amount of Rs.4,08,644/- to Rs.5,92,972/-. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The compensation amount shall be paid by the insurance company and recover the same from the owner of the vehicle. iv. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. The apportionment of the amount shall be as per the order passed by the Tribunal. - 8 - HC-KAR NC: 2025:KHC:36415 MFA No. 6251 of 2021 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.: 28