- 1 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3367 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4484 OF 2020 (MV-I) IN MFA No. 3367/2019 BETWEEN: THE MANAGER THE BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD. NO.21, 4TH FLOOR GOLDEN HEIGHTS COMPLEX 56TH C CROSS NEAR SUJATHA THEATRE RAJAJI NAGAR BANGALORE-560 010 …APPELLANT (BY SRI. A.N.KRISHNA SWAMY, ADVOCATE) AND: 1. SRI. THIRUMALEGOWDA S/O LAKKANNA @ LAKSHMAN AGED ABOUT 51 YEARS R/O BATTARAHALLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 111 2. SRI R.SRIDHAR S/O RAMANNA R/AT NO.52/1, CHOWDASANDRA HONNASANDRA POST, KASABA HOBLI NELAMANGALA BENGALURU RURAL DISTRICT-562 111 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 3. SRI R.SHIVAKUMAR S/O RANGASWAMIAH R/AT NO.90/A, 2ND CROSS 3RD MAIN, KRISHNANANDA NAGAR NANDHINI LAYOUT BANGALORE-96 …RESPONDENTS (BY SRI. SHRIPAD V SHASTRI, ADVOCATE FOR R1 R2 AND R3 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.05.2018 PASSED IN MVC NO.13/2013(OLD NO.46/2013) ON THE FILE OF THE PRESIDING OFFICER, MACT AND SENIOR CIVIL JUDGE, NELAMANGALA, AWARDING COMPENSATION OF RS.3,62,898/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 4484/2020 BETWEEN: SRI.THIRUMALEGOWDA S/O LAKKANNA @ LAKSHAMAN, AGED ABOUT 52 YEARS, R/AT BATTARAHALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT ...APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SRI R.SRIDHAR S/O RAMANNA, R/AT N.52/1, CHOWDASANDRA, HONNASANDRA POST, KASABA HOBLI, NELAMANGALA, BANGALORE RURAL DISTRICT 2. SRI R.SHIVAKUMAR S/O RANGASWAMAIAH, R/AT NO.90/A, 2ND CROSS, 3RD MAIN, KRISHNANADA NAGAR, NANDINI LAYOUT, - 3 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 BENGALURU-560 096 3. THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD, GROUND FLOOR, NO.31, TBR TOWER, 1ST CROSS, NEW MISSION ROAD, BENGALURU-560 027 ...RESPONDENTS (BY SRI.A.N.KRISHNASWAMY, ADVOCATE FOR R3 V/O/DATED: 29/06/2022- NOTICE TO R1 & R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.05.2018 PASSED IN MVC NO. 13/2013 ON THE FILE OF THE PRESIDING OFFICER, MACT AND SENIOR CIVIL JUDGE, NELAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, 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.13/2013 dated 26.05.2018 by the Senior Civil Judge and MACT, Nelamangala, both the Insurance Company as well as the claimant are before this Court. The Insurance Company has filed MFA. No.3367/2019 questioning the liability and the MFA.No.4484/2020 is filed by the claimant seeking enhancement of the compensation. - 4 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 2. It is the case of the claimant that on 11.04.2013 at about 3.20 pm., the claimant was proceeding as pillion rider in motor cycle from Bhattarahalli towards Manchenahalli. When they were at Ambike Farm Thandya, Karekallu Cross- Soladevanahalli road a motor cycle proceeded in opposite direction and collided to the said motor cycle on account of rash and negligent driving of both the vehicles. Consequently, the claimant sustained injuries such as commuted fracture of both bones of right leg and fracture of tibia with exposed bone of right leg and other injuries as mentioned in the wound certificate. He was shifted to Government Hospital, Nelamangala for preliminary treatment and thereafter, shifted to Raksha Multi Specialty Hospital at Bengaluru. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Towards medical expenses and nourishment Rs. 1,29,586/- 2. Towards loss of income during laid up period and rest Rs. 28,000/- 3. Towards injury pain and suffering Rs. 20,000/- 4. Towards loss of future income Rs. 1,65,312/- - 5 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 5. Towards loss of amenities of life Rs. 20,000/- 6. Future medical expenses Rs. - Total Rs. 3,62,898/- 3. It is the case of the Insurance Company that the claimant was a pillion rider on a motorcycle and the opposite vehicle which is insured by the Insurance Company is also a motorcycle. The evidence on record clearly shows that the rider of the vehicle on which the claimant was traveling had accepted his guilt and paid the fine. In the charge sheet, FIR and all the police documents, he is shown as the accused. No offence is registered against the vehicle insured by the Insurance Company. In those circumstances, the Insurance Company cannot be held liable as there is no rash and negligent driving on the part of the rider of the insured vehicle. It is submitted by the learned counsel for the Insurance Company that without looking into all these aspects the Tribunal had fixed the liability on the Insurance Company and they are not liable to pay the compensation. 4. Learned counsel appearing for the claimant submits the Tribunal had rightly considered the police records as well as the evidence of the claimant and rightly came to the conclusion - 6 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 that the accident had taken place because of the negligence of the opposite vehicle and had rightly fixed the liability. It is submitted that when it comes to the compensation, the Tribunal had failed to grant the just and reasonable compensation. It is submitted that considering the injuries sustained, under the heads of pain and suffering, loss of amenities, medical expenses and nourishment, the amount that is granted is not just and reasonable and there needs to be enhancement. 5. Having heard the learned counsels on either side, perused the material on record. The admitted facts in this case are that respondent No.1, who is the owner and the rider of the vehicle, against whom the case is registered and he has pleaded guilty and paid the fine. The driver/owner of the insured vehicle is not charge sheeted nor he is shown as an accused. In those circumstances, the question of contributory negligence would not arise. The contention of the learned counsel appearing for the claimant cannot be considered. When the rider himself is accepting that he is at fault and just because that vehicle is not insured that would not be a ground - 7 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 for this Court to say that there is contributory negligence and fix the liability on the insured vehicle. In the facts and circumstances, this Court is of the view that the vehicle insured by the Insurance Company is not responsible for the accident in the light of the crime registered against the owner of the vehicle on which the claimant is riding. Hence, it is owner of the bike on which the claimant is travelling is alone liable to pay the compensation. 6. Coming to the enhancement of the compensation, the Tribunal had awarded the compensation of an amount of Rs.3,62,898/-. As far as the medical expenses, loss of income during the laid up period, loss of future income are concerned, this Court do not find any reasons to interfere. Coming to the head of pain and suffering, considering the injuries sustained by the claimant under the head of pain and suffering, this Court is granting an amount of Rs.50,000/-, towards loss of amenities this Court is granting an amount of Rs.25,000/-, towards attendant, transport and nourishment charges this Court is granting an amount of Rs.16,000/-. - 8 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 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 Another1, 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 Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Towards medical expenses and nourishment Rs. 1,29,586/- 1,29,586/- 2. Towards loss of income during laid up period and rest Rs. 28,000/- 28,000/- 3. Towards injury pain and suffering Rs. 20,000/- 50,000/- 4. Towards loss of future income Rs. 1,65,312/- 1,65,312/- 5. Towards loss of amenities of life Rs. 20,000/- 25,000/- 6. Attendant, transport and nourishment charges Rs. - 16,000/- 7. Legal expenses Rs. - 10,000/- Total Rs. 3,62,898/- 4,23,898/- Enhanced amount Rs. 61,000/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 9. Altogether, the claimant is entitled for compensation of an amount of Rs.4,23,898/-. 10. Accordingly, MFA.No.3367/2019 filed by the Insurance Company is allowed holding that the Insurance Company is not liable to pay the compensation and it is the owner on whose bike the claimant was travelling is alone liable to pay the compensation. 11. Accordingly, MFA.No.4484/2020 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,62,898/- to Rs.4,23,898/-. The owner on whose bike the claimant was travelling is alone liable to pay the compensation. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The owner on whose bike the claimant was travelling is alone liable to pay the compensation. iii) The apportionment of the amount shall be as per the order passed by the Tribunal. iv) The amount in deposit shall be forthwith transferred to the Tribunal. - 10 - HC-KAR NC: 2025:KHC:35414 MFA No. 3367 of 2019 C/W MFA No. 4484 of 2020 v) The Insurance Company is at liberty to withdraw the amount. vi) The amount shall be deposited 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. vii) 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. viii) On 29.06.2022, the delay of 541 days is condoned on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, the owner of the vehicle is not liable to pay the interest for the delayed period. xi) No costs. x) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 9