- 1 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1050 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 108 OF 2024 (MV-I) IN MFA No. 1050/2024 BETWEEN: THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE NOS. 1 AND 2, 1ST FLOOR, MAGANUR COMMERCIAL COMPLEX, NEAR KSRTC BUS STAND, B.D. ROAD, CHITRADURGA - 577 501. ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO. 28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001 NOW REPRESENTED BY MANAGER LEGAL. …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. RAMADASAPPA @ K. RAMADASAPPA S/O KENGANNA, AGED ABOUT 39 YEARS, BAKERY WORK, RESIDENT OF Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 HOTTEPPANAHALLI GOLLARAHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577522 NOW RESIDENT OF CARE OF SURESH, PILLEKARENAHALLI, CHITRADURGA TALUK - 577 502. 2. T VEERESH S/O THIPPESWAMY, MAJOR, RESIDENT OF HOTTEPPANAHALLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522. 3. RAGHU @ RAGHAVENDRA DEAD BY LRS, NARASIMHA NAIK, S/O GANIYA NAIK, MAJOR, RESIDENT OF LAMBANIHATTI, CHANNAGANAHALLI VILLAGE, VALASE POST, CHALLAKERE TALUK - 577 543. 4. THE MANAGER LIBERTY GENERAL INSURANCE LIMITED NO 21/15, THE LAND MARK, 4TH FLOOR, NEAR TRINITY METRO, M G ROAD, RICHMOND TOWN, BENGALURU - 560 001. …RESPONDENTS (BY SRI. RANGEGOWDA N.R, ADVOCATE FOR R1; SRI. B. PRADEEP, ADVOCATE FOR R4; - 3 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 R2 AND R3 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2023 PASSED IN MVC NO. 581/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL M.A.C.T.IV, CHITRADURGA, AWARDING COMPENSATION OF RS. 5,09,428/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA NO. 108/2024 BETWEEN: RAMADASAPPA @ K RAMADASAPPA S/O KENGANNA AGED ABOUT 38 YEARS R/O HOTTEPPANAHALLI GOLLARAHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT, NOW R/O C/O SURESH PILLEKARENHALLI CHITRADURGA TAUK - 577 501. ...APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. T. VEERESH S/O THIPPESWAMY AGED MAJOR R/O HOTTEPPANAHALLI CHALLAKERE TALUK, CHITRADURGA DISTRICT. 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., - 4 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 BRANCH OFFICE, NO. 1 AND 2 1ST FLOOR, MAGANUR COMMERCIAL COMPLEX NEAR KSRTC BUS STAND, B.D. ROAD, CHITRDURGA 3. RAGHU @ RAGHAVENDRA SICNE DEAD BY LRS NARASIMHA NAIK S/O GANIYA NAIK AGED MAJOR R/O LAMBANIHATTI CHANNAGANAHALLI VILLAGE VALASE POST, CHALLAKERE TALUK. 4. THE MANAGER LIBERTY GENERAL INSURANCE CO. LTD., NO. 21/15, THE LAND MARK 4TH FLOOR, NEAR TRINITY METRO M.G. ROAD, RICHMOND TOWN BANGALORE - 560 001. ...RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2; SRI. B. PRADEEP, ADVOCATE FOR R4; NOTICE TO R1 AND R3 ARE DISPENSED WITH VIDE ORDER DATED 03.09.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2023 PASSED IN MVC NO.581/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, MACT-IV, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 5 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 THESE APPEALS, 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.581/2020 dated 07.12.2023 by I Additional Senior Civil Judge and Additional M.A.C.T-IV, Chitradurga, both the Insurance Company as well as claimants are before this Court. Insurance company's appeal is MFA.No.1050/2024 and the claimants' appeal is MFA.No.108/2024. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimants. 2. It is the case of the claimant that on 30.12.2019 at about 6:50 p.m. the claimant was travelling in auto rickshaw as a passenger in order to reach village, when the claimant was proceeding near Hotteppanahalli Cross on NH-150A road, the driver of the auto rickshaw without giving any signals turned the auto rickshaw, at that time, the motor cycle coming from Sanikere side in a rash and negligent manner with high speed and dashed to the middle of the auto rickshaw, as a result the - 6 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 accident had taken place and the claimant sustained injuries. The Tribunal had fixed the contributory negligence on both the rider of the two wheeler as well as driver of the auto rickshaw. The auto rickshaw is insured with Reliance General Insurance Company and the two wheeler is insured with Liberty General Insurance Company. The Tribunal has awarded the compensation as per the table given below: 1. Loss of income due to disability Rs. 4,55,078/- 2. Pain and suffering Rs. 10,000/- 3. Medical expenses Rs. 350/- 4. Loss of income during laid-up period (calculated for one month) Rs. 14,000/- 5. Food and nourishment Rs. 10,000/- 6. Loss of amenities Rs. 10,000/- 7. Attendant charges, Conveyance charges etc., Rs. 10,000/- Total Rs.5,09,428/- 3. Learned counsel appearing for the Insurance Company i.e., who has insured the two wheeler has not preferred any appeal. Only the company which has insured the auto rickshaw has preferred the appeal. It is argued by the learned counsel appearing for the appellant/Insurance Company submits that as per the IMV report, the damage to the auto rickshaw is on the left side, which clearly shows that the negligence is on the part - 7 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 of the rider of the two wheeler and this aspect was not considered by the Tribunal. 4. Learned counsel appearing for the Insurance company which has insured the two wheeler submits that it is the case of the inmates that the auto driver had taken a right turn which lead to the accident and they have not adduced any other evidence except examining the Law Officer and the Manager of the insurance company. It is submitted that when no contra evidence is adduced by the appellant/Insurance company, they cannot question the contributory negligence fixed by the Tribunal. 5. Learned counsel appearing for the claimant submits that there is negligence on the part of the auto rickshaw as well on the part of the rider of the vehicle. Therefore, the Tribunal had rightly fixed contributory negligence at 50% on both of them and there are no grounds to interfere. Then coming to the compensation, he submits that when the claimant had sustained two fractures to both the legs. Under the head of pain and suffering, the amount that is awarded by the Tribunal is not just and reasonable. It is submitted that when the - 8 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 disability is at 16.9%, the Tribunal ought to have taken 17% as disability. It is further submitted that under the head of incidental expenses, loss of income during the laid-up period and loss of amenities, the amount that is awarded by the Tribunal is not just and reasonable and the same needs to be enhanced. 6. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of liability, the claimant who is the eyewitness to the incident had stated that the driver of the auto rickshaw was negligent and if the rider of the two wheeler is vigilant, the accident would have been aborted considering that the Tribunal had apportioned the contributory negligence at 50% on both the rider and driver of the auto rickshaw except examining their officer and relying on the IMV report, no other evidence is adduced by the Insurance company. In that view of the matter, this Court do not inclined to go into the aspect of the contributory negligence and the finding of the Tribunal holds good. 7. Coming to the compensation, considering the two injuries that are sustained by the claimant under the head of - 9 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 pain and suffering, this Court is granting an amount of Rs.70,000/-. Towards medical expenses, the Tribunal had rightly granted the amount and no interference is called for. Towards incidental expenses, as he was there in the hospital for 25 days, this Court is granting an amount of Rs.25,000/-. Towards loss of income during the laid up period, as on the date of accident, the claimant was aged about 32 years, this Court is granting an amount of (14000x4)=Rs.56,000/-. Coming to the loss of future income, this Court is inclined to take the disability at 17%. Hence, this Court is granting an amount of (14,000x12x16x17/100) =Rs.4,56,960/- towards loss of future income. Towards loss of amenities, this Court is granting an amount of Rs.30,000/-. 8. 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. 9. The claimants are therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 10 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of income due to disability Rs. 4,55,078/- 00/- 2. Pain and suffering Rs. 10,000/- 70,000/- 3. Medical expenses Rs. 350/- 350/- 4. Loss of income during laid-up period (calculated for one month) Rs. 14,000/- 56,000/- 5. Food and nourishment Rs. 10,000/- 00/- 6. Loss of amenities Rs. 10,000/- 30,000/- 7. Attendant charges, Conveyance charges etc., Rs. 10,000/- 00/- 8. Incidental expenses Rs. 00/- 25,000/- 9. Future income Rs. 00/- 4,56,960/- 10. Legal expenses Rs. 00/- 10,000/- Total Rs. 5,09,428/- 6,48,310/- 10. Altogether, the claimants are entitled for compensation of an amount of Rs.6,48,310/-. 11. Accordingly, MFA.No.1050/2024 filed by the Insurance Company is dismissed. 12. Accordingly, MFA.No.108/2024 filed by the claimants are partly allowed by enhancing compensation from an amount of Rs.5,09,428/- to Rs.6,48,310/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 11 - HC-KAR NC: 2025:KHC:46444 MFA No. 1050 of 2024 C/W MFA No. 108 of 2024 ii) The amount in deposit shall forthwith be transferred to the Tribunal. iii) The Insurance Company shall pay the compensation amount. iv) The 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 claimants are entitled to withdraw the entire amount. v) 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. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SJK List No.: 2 Sl No.: 6