- 1 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5382 OF 2021 (MV-I) BETWEEN: VINAYAKUMAR S/O CHIDANANDAPPA, AGED ABOUT 28 YEARS, PROPRIETOR OF BEEDA STALL AND AGRICULTURIST R/O SOMAGUDDU VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522 …APPELLANT (BY SRI.GURUDATH V.R., ADVOCATE FOR SMT.SPOORTHY HEGDE N., ADVOCATE) AND: 1. AJJANNA V., S/O VEERANNA, MAJOR, OWNER OF MOTORCYCLE BEARING REG NO.KA 16 X 3448 R/O SOMAGUDDU, CHALLAKERE TALUK, CHITRADURGA DIST-577 522 2. NATIONAL INS. CO. LTD., REP. BY ITS BRANCH MANAGER, BRANCH OFFICE, JAGALUR MAHALINGAPPA COMMERCIAL COMPLEX, P B ROAD, CHITRADURGA-577 501 …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R2 R1- SERVED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2020 PASSED IN MVC NO.46/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHALLAKERE, PARTLY 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.46/2018 dated 13.03.2020 by the Senior Civil Judge and Additional MACT, Challakere, whereby the Tribunal had granted compensation of an amount of Rs.1,18,500/- and fixed 25% contributory negligence on the claimant, 25% on the owner of the offending vehicle, 50% on the Insurance Company, the claimant is before this Court questioning the liability that is fixed on the owner as well as seeking enhancement of the compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.18,00,000/- for the grievous injuries sustained by the claimant in the motor vehicle accident. The facts of the case are that on 20.03.2017 at about 4:30 p.m., when the claimant was proceeding on his motorcycle, another motorcycle - 3 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 came in a rash and negligent manner and hit the claimant. As a result, the claimant sustained head injury. 3. Learned counsel appearing for the appellant/claimant submits that when the offending vehicle is insured and just because the vehicle is given to a person who is not having a driving license that itself cannot be a ground for the Tribunal to fix the liability on the owner of the vehicle and when the claimant is a third party to the insurance policy, the principle of pay and recover applies. When it comes to the compensation, he submits that on all counts, the compensation that is awarded by the Tribunal is not just and reasonable. It is submitted that when the doctor had deposed that the claimant had sustained 30% permanent disability of his right lower limb, the Tribunal had not at all considered the disability and not granted any compensation under the loss of future income due to disability. It is submitted that the compensation granted by the Tribunal needs to be enhanced. 4. Learned counsel appearing for the respondent No.2/ Insurance Company submits that even on the liability and the quantum, the Tribunal had rightly granted the compensation - 4 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 and there are no grounds to interfere with the well considered order passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the entire material on record. First, coming to the aspect of compensation, the claimant had sustained one fracture injury. Hence, under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. The claimant was in hospital for 6 days and under head of attendant, food and nourishment, this Court is granting an amount of Rs.6,000/-. Considering the medical bills, the Tribunal had rightly granted an amount of Rs.83,000/- towards medical expenses and no interference is called for. Then coming to the loss of future income due to disability, when the doctor had deposed that the claimant had sustained 30% permanent disability to the right lower limb, without any basis, the Tribunal had not considered the same. Hence, considering the evidence of the doctor, this Court is taking the disability at 30% to the right lower limb and 10% to the whole body. As this accident had occurred in the year 2017, this Court is taking the income of the claimant at Rs.11,000/- per month. Hence, towards loss - 5 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 of future income due to disability, this Court is granting an amount of Rs.2,37,600/- (Rs.11,000x12x18x10/100). Towards loss of income during the laid up period, this Court is granting an amount of Rs.44,000/- (Rs.11,000x4). Considering the disability sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards loss of amenities. 6. 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. 7. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 75,000/- 40,000/- 2. Medical Expenses : Rs. 83,000/- 83,000/- 3. Attendant, food and nourishment : Rs. 00/- 6,000/- 4. Loss of future income due to : Rs. 00/- 2,37,600/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 disability 5. Loss of income during the laid up period : Rs. 00/- 44,000/- 6. Loss of amenities : Rs. 00/- 30,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,58,000/- 4,50,600/- 8. Altogether, the claimant is entitled for compensation of an amount of Rs.4,50,600/-. 9. As rightly argued by the learned counsel for the appellant/claimant, just because the driver of the offending vehicle is not having the driving license, the Tribunal ought not to have fixed 25% contributory negligence on the owner of the vehicle alone. In the light of the law laid by the Hon'ble Apex Court in case of National Insurance Company Limited Vs. Swaran Singh and Others2, the principle of pay and recover applies and the Insurance Company is liable to pay 75% compensation and recover the 25% compensation from the owner of the vehicle. As far as the contributory negligence that is fixed on the claimant is concerned, the Tribunal had rightly fixed and this Court do not find any reasons to interfere. Hence, 2 (2004) 3 SCC 297 - 7 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 out of Rs.4,50,600/-, 50% is Rs.2,25,300/- and 25% is Rs.1,12,650/-. The Insurance Company shall pay 75% compensation i.e., an amount of Rs.3,37,950/- and recover an amount of Rs.1,12,650/- from the owner of the vehicle. 10. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,58,000/- to Rs.4,50,600/-. The Insurance Company shall pay an amount of Rs.3,37,950/-. i. The enhanced 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 Tribunal. iii. The 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. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 8 - HC-KAR NC: 2025:KHC:37868 MFA No. 5382 of 2021 the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 24