- 1 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6284 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5507 OF 2022 (MV-I) IN MFA No. 6284/2022 BETWEEN: NAGARAJ H R S/O LATE RANGEGOWDA AGED ABOUT 52 YEARS R/AT NEAR HOSPITAL ROAD HEBBALU VILLAGE AND POST K R NAGARA TALUK MYSORE DISTRICT NOW R/AT C/O KARTHIK S/O LATE SIDDARAJU EACHAGERE VILLAGE KERAGODU HOBLI MANDYA TALUK AND DISTRICT-571403 …APPELLANT (BY SRI.SREENIVASAN M Y., ADVOCATE) AND: 1. GOVINDARAJU G S/O GOVINDAIAH MAJOR R/A NO.12, WEAVERS COLONY 2ND STAGE, MYSORE-570 008 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 2. THE BRANCH MANAGER UNITED INDIA ASSURANCE CO LTD BALLAL CIRCLE MYSORE-570004 …RESPONDENTS (BY SRI. H C VRUSHABHENDRAIAH, ADVOCATE FOR R2 V/O DATED 13.09.2022, NOTICE TO R1 D/W) MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD PASSED BY PRL. SENIOR CIVIL JUDGE AND MACT AT MANDYA IN MVC NO.1626/2019 ON 07.03.2022, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5507/2022 BETWEEN: THE BRANCH MANAGER UNITED INDIA INSURANCE CO LTD BALLAL CIRCLE MYSURU NOW REPRESENTED BY ITS REGIONAL MANAGER UNITED INSURANCE CO LTD REGIONAL OFFICE 5TH AND 6TH FLOOR KRISHI BHAVAN HUDSODN CIRCLE BANGALORE 560001 ...APPELLANT (BY SRI. SRI. H C VRUSHABHENDRAIAH, ADVOCATE) AND: 1. NAGARAJ H R S/O LT RANGEGOWDA AGED ABOUT 52 YEARS R/O NEAR HOSPITAL ROAD HEBBALU VILLAGE AND POST K R NAGAR TALUK MYSURU DISTRICT - 3 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 NOW RESIDING AT C/O KARTHIK S/O LATE SIDDARAJU EACHAGERE VILLGE KEREGODU HOBLI MANDYA TALUK AND DISTRICT- 571 401. 2. GOVINDARAJU G S/O GOVINDAIAH MAJOR R A/T NO 12, WEAVERS COLONY 2ND STAGE MYSURU -570 001 ...RESPONDENTS (BY SRI. SREENIVASAN M Y, ADVOCATE FOR R1, R2-SERVED) MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JDUGMETN AND AWARD DATED 07.03.2022 PASSED IN MVC NO.1626/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MACT, MANDYA, AWARDING COMPENSATION OF RS.6,71,586/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS, COMING ON FOR ORDERS, 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.1626/2019 dated 07.03.2022 by the Principal Senior Civil Judge and MACT, Mandya, both the Insurance Company as well as the claimant are before this Court. The claimant's appeal for enhancement is - 4 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 MFA No.6284/2022 and the Insurance Company's appeal is MFA No.5507/2022. 2. The Insurance Company is before this Court on the ground that the driver of the offending vehicle is not having a valid driving licence to drive the vehicle. The Tribunal had still fastened the liability on the Insurance Company. The claimant is before this Court seeking the enhancement of the compensation. 3. It is the case of the claimant that on 20.07.2019 at about 6.30 p.m., claimant was riding his Bajaj CT 100 bearing No.KA-17-V-4457 from Kappadi side towards Hebbalu slowly and cautiously on the left side of the road in between Hebbalu and Kappadi, K.R.Nagara Taluk, by that time one Hero Honda Splendor Plus bike bearing Reg.No.Ka-09-ED-844 being riden by its rider came in a rash and negligent manner, endangering human life and dashed against the said motor cycle, as a result the claimant fell down and suffered grievous injuries on his right foot and other parts of the body, after accident, he was immediately taken to Shakthi Hill View Hospital, Mysore, wherein he got admitted as an inpatient from 20.07.2019 to - 5 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 31.07.2019, as such claimant spent more that Rs.2,00,000/- towards the medical expenses, he requires future medical expenses and spent Rs.50,000/- towards food, diet, transport, attendant and other incidental expenses. 4. The Tribunal had granted compensation as per the following table: Sl.No. Heads Amount 1. Towards pain, shock and sufferings along with discomfort and inconvenience Rs.70,000/- 2. Medical expenses Rs.1,20,466/- 3. Towards food, nourishment, attendant, conveyance Rs.6,000/- 4. Towards loss of income during laid up period or convalescent period Rs.42,000/- 5. Towards loss of amenities Rs.40,000/- 6. Loss of permanent disability/Loss of future earning Rs.3,93,120/- TOTAL Rs.6,71,586/- 5. Learned counsel appearing for the claimant submits that the Tribunal had granted compensation of an amount of - 6 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 Rs.6,71,586/-. As per the wound certificate there is a crush injury on the right foot with severely comminuted metatarsals and phalanges with loss of vascularity of 2nd, 3rd, 4th and 5th toes and necrotic skin of sole and other injuries which are grievous in nature. It is submitted that he is an agriculturist and the Tribunal has not granted future prospects. The amount that is granted under the head of pain and suffering, loss of amenities is on the lower side. As he was hospitalized for 11 days, the amount that is granted by the Tribunal under the head of attendant and other charges is not a reasonable compensation. It is submitted that he is an agriculturist and all the injuries would have an impact on the claimant. All these aspects should have been considered by the Tribunal and ought to have granted a reasonable compensation. 6. Having heard the counsels on either side, perused the entire material on record. The Tribunal had considered the injuries and granted the compensation of an amount of Rs.6,71,586/-. Under the head of pain and suffering, the Tribunal had granted an amount of Rs.70,000/-. Considering the crush injury and the loss of the toes under the head of pain and suffering, this Court is granting an amount of - 7 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 Rs.90,000/-. Towards medical expenses basing on the evidence, the Tribunal had rightly granted compensation and no enhancement is called for. Considering the 11 days of hospitalization, under the head of food, nourishment and attended charges, this Court is granting an amount of Rs.11,000/-. Coming to the loss of income during the laid up period, considering the injuries that were sustained by the claimant for a period of 4 months, this Court is granting an amount of Rs.56,000/-. Then coming to the loss of amenities, as he is an agriculturist and though the disability to the whole body is 18%, it would have an impact on his day to day activities, under the head of loss of amenities, this Court is granting an amount of Rs.60,000/. Coming to loss of future earning due to disability, the Tribunal had rightly considered and granted an amount of Rs.3,93,120/- and no interference is called for. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI - 8 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 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 Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards pain, shock and sufferings along with discomfort and inconvenience Rs. 70,000/- 90,000/- 2. Medical expenses Rs. 1,20,466/- 1,20,466/- 3. Towards food, nourishment, attendant, conveyance Rs. 6,000/- 11,000/- 4. Towards loss of income during laid up period or convalescent period Rs. 42,000/- 56,000/- 5. Towards loss of amenities Rs. 40,000/- 60,000/- 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 6. Loss of permanent disability/Loss of future earning Rs. 3,93,120/- 3,93,120/- 7. Legal Expenses Rs. 00 10,000/- TOTAL Rs. 6,71,586/- 7,40,586/- Enhancement Rs. 69,000/- 9. Altogether the claimant is entitled for an amount of Rs.7,40,586/-. 10. Coming to the case of Insurance Company as the driver of the offending vehicle is not having a valid driving license, the principle of pay and recover will apply. 11. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.6,71,586/- to Rs.7,40,586/-. 12. The appeal of the Insurance Company is partly allowed holding that the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. - 10 - HC-KAR NC: 2025:KHC:31257 MFA No. 6284 of 2022 C/W MFA No. 5507 of 2022 i) The enhanced amount shall carry interest at 6% per annum from the date of appeal till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) Amount in deposit shall be forthwith transferred to the court below. On such deposit, the claimant is at liberty to withdraw the money. iv) Insurance company shall pay the compensation and recover the same from the owner of the vehicle. iii) 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. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ