- 1 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8167 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3548 OF 2022 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3614 OF 2022 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 8188 OF 2022 (MV-I) IN MFA No. 8167/2022 BETWEEN: MISS.AISHWARYA C, D/O RAMESH C, AGED ABOUT 27 YEARS, R/AT NO.30/6, CHENNAMMA KERE AREA, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. …APPELLANT (BY SRI. CHANDRASHEKHAR R., ADVOCATE) AND: 1. M/S COSMOS INDUSTRIAL SYSTEMS PVT LTD, NO.1254, 23RD CROSS, 23RD MAIN, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. (REPRESENTED BY ITS MANAGER, RC OWNER OF CAR NO.KA 05/MT/8865) 2. THE MANAGER, LIBERTY VIDEOCON GENERAL INS CO LTD., OFFICE NO.1, ALYSSA, IST FLOOR, REAR PORTION, OLD NO.28, NEW NO.23, RICHMOND ROAD, BENGALURU - 560 025. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 REP BY ITS MANAGER, (INSURER OF CAR NO.KA 05/MT 8865) POLICY NO.2011-500201-16-1003566-00-000 VALIDITY PERIOD 12/08/2016 TO 11-08-2017 …RESPONDENTS (BY SRI.RAVI S SAMPRATHI., ADVOCATE FOR R-2; VIDE ORDER DATED 13.03.2023 NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2021 PASSED IN MVC NO.4122/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3548/2022 BETWEEN: LIBERTY GENERAL INSURANCE CO LTD, (FORMERLY KNOWN AS LIBERTY VIDEOCON GENERAL INSURANCE COMPANY) PRESENTLY HAVING ITS REGIONAL OFFICE NO.21/15, THE LAND MARK, 4th FLOOR, NEAR TRINITY METRO STATION, M.G.ROAD, BENGALURU - 560 001. REP BY MANAGER. ...APPELLANT (BY SRI. RAVI S SAMPRATHI., ADVOCATE) AND: 1. MISS SANJANA, D/O SATHYA PRAKASH, AGED ABOUT 26 YEARS, R/AT NO. 63, KANAKA LAYOUT, PADMANABANAGARA, BENGALURU - 560 070. 2. M/S COSMOS INDUSTRIAL SYSTEMS PVT LTD., NO. 1254, 23RD CROSS, 23RD MAIN BANASHANKARI, 2ND STAGE, BENGALURU - 560 070. - 3 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 ...RESPONDENTS (BY SRI. CHANDRASHEKHAR R., ADVOCATE FOR R-1 VIDE ORDER DATED 05.08.2024 NOTICE TO R-2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2021 PASSED IN MVC NO.4123/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, AWARDING COMPENSATION OF RS.16,34,660/- WITH INTEREST AT 6 PERCENT P.A. ON RS.15,34,660/- FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 3614/2022 BETWEEN: LIBERTY GENERAL INSURANCE CO LTD, (FORMERLY KNOWN AS LIBERTY VIDEOCON GENERAL INSURANCE COMPANY) PRESENTLY HAVING ITS REGIONAL OFFICE, NO.21/15, THE LAND MARK, 4th FLOOR, NEAR TRINITY METRO STATION, M.G.ROAD, BENGALURU - 560 001. REP BY MANAGER. ...APPELLANT (BY SRI. RAVI S SAMPRATHI., ADVOCATE) AND: 1. MISS AISHWARYA C, D/O RAMESH C, AGED ABOUT 27 YEARS, R/AT NO. 30/6, CHENNAMMA KERE AREA, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. 2. M/S COSMOS INDUSTRIAL SYSTEMS PVT LTD., NO. 1254. 23RD CROSS, 23RD MAIN, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. ...RESPONDENTS (BY SRI. CHANDRASHEKHAR R., ADVOCATE FOR R-1 VIDE ORDER DATED 05.08.2024 NOTICE TO R-2 D/W) - 4 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.11.2021 PASSED IN MVC NO.4122/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), AWARDING COMPENSATION OF RS.16,34,660/- WITH INTEREST AT 6 PERCENT P.A. ON RS.15,34,660/- ONLY FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 8188/2022 BETWEEN: MISS SANJANA, D/O SATHYA PRAKASH, AGED ABOUT 26 YEARS, RA/TNO.63, KANAKA LAYOUT, PADMANABANAGAR, BENGALURU - 560 070. ...APPELLANT (BY SRI. CHANDRASHEKHAR R., ADVOCATE) AND: 1. M/S COSMOS INDUSTRIAL SYSTEMS PVT LTD, # 1254, 23RD CROSS 23RD MAIN, BANASHANKARI 2ND STAGE, BENGAURU - 560 070. (RERPESENTED BY ITS MANAGER RC OWNER OF CAR NO. KA05/MT/8865) 2. THE MANAGER, LIBERTY VIDEOCON GENERAL INS. CO . LTD., OFFICE NO.1, ALYSSA 1ST FLOOR, REAR PORTION OLD NO.28, NEW NO.23, RICHMOND ROAD, BENGALURU - 560 025. RERPESENTED BY ITS MANAGER, (INSURER OF CAR NO. KA05/MT/8865) POLICY NO. 2011-500201-16-1003566-00-000 VALIDITY PERIOD 12/08/2016 TO 11/08/2017 ...RESPONDENTS (BY SRI.RAVI S SAMPRATHI., ADVOCATE FOR R-2; VIDE ORDER DATED 07.03.2023 NOTICE TO R-1 D/W) - 5 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2021 PASSED IN MVC NO.4123/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 M.V.C.Nos.4122/2017, 4123/2017 dated 10.11.2021 by the Chief Judge, Court of Small Causes, Member Principal Motor Accident Claims Tribunal, Bengaluru, both the claimant and insurance company are before this Court. The claimants' appeals are MFA.Nos.8167/2022 and 8188/2022 and the insurance company's appeals are MFA Nos.3614/2022 and 3548/2022. 2. On 03.11.2016, at about 07.00 pm., when the petitioners Aishwarya, Sanjana, Mallesh were standing in front of Goli Vada Pav Shop on 22nd Main, 22nd Cross, BSK 2nd Stage, Bengaluru, at that time, a Ford car No.KA.05/MT.8865 came in high speed, rash or negligent manner and dashed against the two wheeler No.KA.02/EY.6320 at the first instance, and after - 6 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 that car proceeded further and dashed to Aishwarya, Sanjana and gone inside Goli Vada Pav Shop and dashed to Mallesh and caused damage to the shop. In the said accident, Sanjana, Smrithi Anand, rider of the two wheeler Krishna Nadig, Mallesh have sustained severe injuries and Goli Vada Pav shop has been damaged. 3. Learned counsel appearing for the insurance company submits that the Court has granted the exorbitant amount as compensation without considering the evidence on record, when the disability in MVC No.4122/2017 is only a disfigurement and the Court has considered the loss of future earning capacity. 4. Learned counsel appearing for the claimants submits that in MVC No.4122/2017 claimant/respondent has undergone splenectomy and it would have lot of complications in her life. Learned Counsel for the insurance company submits what is the impact of that surgery on the claimant? No doctor is examined on his behalf. Even in MVC No.4123/2017, claimant/respondent has undergone pancreatectomy, the claimants have not examined by the doctors. - 7 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 5. Considering the submission of both the learned counsels, this Court deems it appropriate to set aside the award in MVC Nos.4122/2017 and 4123/2017 and remand the matters to the Tribunal for fresh consideration. Accordingly, this Court is passing the following: i. The appeals in MFA.No.8167/2022, MFA. No.3548/2022, MFA.No.3614/2022, MFA. No.8188/2022 are allowed and the award passed by the Chief Judge, Court of Small Causes, Member Principal Motor Accident Claims Tribunal, Bengaluru in MVC No.4122/2017 and MVC No.4123/2017 is set aside and both the cases are remanded back to the Trial Court for fresh consideration. ii. It is open to both the parties to raise their respective contentions, objections and adduced additional evidence if any with regard to compensation. iii. Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. iv. The amount in deposit shall be forthwith transferred to the Trial Court and the same shall - 8 - HC-KAR NC: 2025:KHC:31244 MFA No. 8167 of 2022 C/W MFA No. 3548 of 2022 MFA No. 3614 of 2022 MFA No.8188/2022 be kept in fixed deposit till the disposal of the case. v. No Costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KVR List No.: 1 Sl No.: 31