- 1 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1246/2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.1057/2022 (MV-I) IN M.F.A. No.1246/2022: BETWEEN: MR. KUMAR G.L. S/O LATE LAKSHMAPPA AGED ABOUT 59 YEARS NO. 101, 3RD CROSS ROAD GANGADHARANAGAR SARAKKI GATE JP NAGAR 1ST PHASE BANGALORE 560 078. …APPELLANT (BY SRI. PUTTA SWAMY C, ADV.,) AND: 1. MR. AJAY YADAV .S S/O K.V. SRINIVAS NO. 58/1, 13TH CROSS ROAD SHAKAMBARINAGAR NEAR PIPELINE ROAD J.P NAGAR, 1ST PHASE BANGALORE 560 0778 (OWNER CUM RIDER OF M/C NO. KA 02-EM-1297). 2. MR. ANANDA .M NO.101, 4TH CROSS ROAD 7TH MAIN ROAD, SUBHASHNAGAR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 BANGALORE 560 060 (POLICE HOLDER OF M/C NO. KA-02-EM-1297). 3. THE ORIENTAL INSURANCE CO., LTD REGIONAL OFFICE LEO COMPLEX 4TH FLOOR M.G. ROAD, BANGLAORE 560 001 (REPRESENTED BY ITS MANAGER ) …RESPONDENTS (BY SRI. B.S. UMESH, ADV., FOR R3 V/O/DTD:17/2/22 NOTICE TO R1 & R2 ARE D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE AWARD PASSED BY THE XIV ADDL. SMALL CAUSES JUDGE AND MEMBER MACT, BANGALORE CITY IN MVC NO.1773/2020 ON 03.12.2021 BY ALLOWING THE APPEAL IN ENHANCING THE AWARD OF THE TRIBUNAL IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.1057/2022: BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE LEO SHOPPING COMPLEX NO. 44/45, RESIDENCY ROAD BANGALORE 560025 REP. BY ITS REGIONAL MANAGER. ...APPELLANT (BY SRI. B.S. UMESH, ADV.,) AND: 1. MR. KUMAR G.L. S/O LATE LAKSHMAPPA AGED ABOUT 59 YEARS - 3 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 NO.101, 3RD CROSS ROAD GANGADHARANAGARA SARAKKI LAYOUT JP NAGAR, 1ST PHASE BANGALORE 560078. 2. MR. AJAY YADAV .S S/O K.V. SRINIVAS AGED MAJOR, R/AT NO.58/1 13TH CROSS ROAD SHAKAMBARINAGAR NEAR PIPELINE ROAD JP NAGAR, 1ST PHASE BANGALORE 560078. 3. MR. ANAND .M AGED MAJOR R/AT NO.101, 4TH CROSS ROAD 7TH MAIN ROAD, SUBHASHNAGAR BANGALORE 560060. ...RESPONDENTS (BY SRI. C. PUTTASWAMY, ADV., FOR R1 V/O/DTD:28.03.2025 NOTICE TO R2 IS H/S) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS IN MVC NO.1773/2020 ON THE FILE OF THE COURT OF XIV ADDL. SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-10). SET ASIDE THE JUDGMENT AND AWARD DATED 3RD DECEMBER 2021, PASSED BY THE COURT OF XIV ADDL. SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL BENGALURU (SCCH-10), IN MVC NO.1773/2020 & ETC. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.1773/2020 dated 03.12.2021 by the XIV Additional Small Cause Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-10), whereby the Court had granted compensation of an amount of Rs.3,20,031/- for the injuries sustained by the claimant, both the insurance company and the claimant are before this Court. The insurance company's appeal is MFA.No.1057/2022 and the claimant's appeal is MFA.No.1246/2022. 2. The insurance company is before this Court questioning the liability imposed on the insurance company and also the rate of interest i.e., 9%, granted by the Tribunal. The claimant is before this Court seeking enhancement of the compensation. 3. Firstly, coming to the appeal of the insurance company, learned counsel appearing for the insurance company submits that the claimant was having a learner's license and as per the license given to him, while he drives a vehicle there should be a pillion rider, who should be the person who is - 5 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 having a valid driving license. In this case, the claimant was driving the vehicle without a pillion rider, who is having a Driving License, which amounts to violation of the terms and conditions of the policy and hence, the insurance company is not liable to pay the compensation. In support of his contention, he relies on the judgment of this Court in the case of Channabasappa vs. The United India Insurance Company Limited and Another in MFA No.20053/2008 dated 03.07.2015. It is submitted that the rate of interest that is granted is 9%, which is on the higher side and the same ought to have been 6%. It is also submitted that when the claimant is working as a driver it can't be termed that there is future loss of income. Hence, the Court ought not to have granted any compensation under the head of loss of future income. 4. Learned counsel appearing for the appellant/claimant submits that though with the learner's license the claimant was driving the vehicle still the insurance company is liable to pay the compensation. When it comes to the compensation, he submits that the claimant had sustained two (02) fractures, but the Tribunal had granted only - 6 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 Rs.40,000/- towards pain & suffering. Then coming to the loss of income due to disability, the doctor's evidence is that the claimant had sustained 66% limb disability and 22% to the whole body, the Tribunal without any basis had taken 13% as disability. It is submitted that the accident had taken place in the year 2020, the income ought to have been taken at Rs.14,500/- p.m. while the Tribunal had taken the income at Rs.10,000/- p.m. Further, under the head of future medical expenses, it is the evidence of the doctor that the claimant has to undergo two operations, but the Tribunal has granted only Rs.15,000/- and towards the loss of amenities also the amount that is granted is not a just and reasonable compensation. 5. The Tribunal has granted the compensation as per the table given below: Heads Compensation Awarded 1. Towards loss of income on account of disability : Rs. 1,40,400/- 2. Towards Pain and Sufferings : Rs. 40,000/- 3. Towards loss of Amenities : Rs. 25,000/- 4. Towards Nourishment, conveyance & attendant charges : Rs. 19,000/- - 7 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 5. Towards Loss of income during laid up period & rest period : Rs. 20,000/- 6. Medical Expenses : Rs. 60,631/- 7. Future medical expenses : Rs. 15,000/- TOTAL : Rs. 3,20,031/- 6. Having heard the learned counsels appearing on either side, perused the material on record. First coming to the liability, the admitted facts are that the claimant was having a learner's license, the vehicle met with an accident, there was no pillion rider, who is having a license, in those circumstances it is a clear violation of the terms and conditions of the policy and in that case, the principle of pay and recover will apply. Hence, the insurance company shall pay the amount and recover the same from the owner of the vehicle. 7. Then coming to the rate of interest, the Tribunal had granted 9% interest, which is not correct and the same is reduced to 6%. The contention of the learned counsel for insurance company that because the claimant is working, there cannot be any future loss of income, this Court is not able to appreciate the same because the occupation of the claimant is driver and when he sustained 22% disability, it would have an - 8 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 impact on his future life and this has to be taken into consideration. 8. Then coming to the compensation, considering the injuries sustained the compensation under the head of the pain and suffering, this Court is granting an amount of Rs.50,000/-. Coming to the loss of amenities this Court is granting Rs.30,000/- by considering 22% disability. Then coming to the disability, when the doctor had given the evidence that the limb disability is 66% and 1/3rd of it is 22% which is the whole body disability. This Court has perused the order of the Tribunal, without any discussion, without any reason, why it has been reduced or simply taken as 13% no reasons are forthcoming. This Court is inclined to take the disability as 22%. The income of claimant is taken at Rs.14,500/- p.m. Hence, the compensation under the head of loss of future income due to disability would come to Rs.3,44,520/- (Rs.14,500 x 12 x 9 x 22/100). Then coming to the loss of income during the laid-up period, considering 19 days of hospitalisation and the future operations, this Court is inclined to grant for three months, which would come to - 9 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 Rs.43,500/- (Rs.14,500x3). Then under the head of nourishment, conveyance and attendant charges, the Tribunal has granted a reasonable compensation of Rs.19,000/- and towards medical expenses the Tribunal has rightly granted the compensation of Rs.60,631/- and this Court finds no reasons to interfere with the same. But for the future medical expenses, where the claimant has to undergo two operations, where the doctor has opined that it is Rs.30,000/- and this Court is also inclined to grant the compensation at Rs.30,000/-. 9. 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. 10. The claimant is therefore, entitled to the compensation under the following heads: 1 (2014) 11 SCC 178 - 10 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 Heads Compensation Awarded by the Tribunal Compensation awarded by this Court 1. Towards loss of income on account of disability : Rs. 1,40,400/- 3,44,520/- 2. Towards Pain and Sufferings : Rs. 40,000/- 50,000/- 3. Towards loss of Amenities : Rs. 25,000/- 30,000/- 4. Towards Nourishment, conveyance & attendant charges : Rs. 19,000/- 19,000/- 5. Towards Loss of income during laid up period & rest period : Rs. 20,000/- 43,500/- 6. Medical Expenses : Rs. 60,631/- 60,631/- 7. Future medical expenses : Rs. 15,000/- 30,000/- 8. Legal expenses : Rs. 10,000/- TOTAL : Rs. 3,20,031/- 5,87,651/- Enhancement : Rs. 2,67,620/- 11. Accordingly, MFA.No.1246/2022 filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,20,031/- to Rs.5,87,651/-. The insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. - 11 - HC-KAR NC: 2025:KHC:30527 M.F.A. No.1246/2022 C/W M.F.A. No.1057/2022 12. MFA.No.1057/2022 filed by the insurance company is partly allowed by reducing the interest from 9% p.a. to 6% p.a. i) The entire compensation 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 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) The amount in deposit, if any, shall be transferred to the Tribunal forthwith. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BSR List No.: 1 Sl No.: 4