- 1 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 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. 3911 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6249 OF 2022 (MV-I) IN MFA No. 3911/2022 BETWEEN: NAGESH AGED ABOUT 46 YEARS S/O RAMA POOJARY R/O SAMBODLU, GUNDMI VILLAGE SASTHANA POST, BRAHMAVARA TALUK UDUPI DISTRICT …APPELLANT (BY MS.SWATI G.HEGDE, ADVOCATE FOR SRI.PAVANA CHANDRA SHEETY H., ADVOCATE) AND: 1. VENKATA NAIK AGE: MAJOR S/O LAKSHMAN NAIK R/O SRI KIRSHNA NILAYA MAHALINGESHWAR, HERENJE CROSS ROAD, KUNJAL POST UDUPI DISTRICT 2. PATRICK FERNANDES AGED ABOUT 55 YEARS S/O FELIX FERNANDES R/O RAMITHA VILLA BADANIDIYOOR UDUPI TALUK AND DISTRICT 3. THE ORIENTAL INSURANCE CO. LTD. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 NO.436/2/V, 1ST FLOOR MASTHI TOWER, MAIN ROAD KUNDAPURA UDUPI-576 201 REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI.B.S.UMESH, ADVOCATE FOR R3 R1 & R2- SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2022 PASSED IN MVC NO. 1099/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6249/2022 BETWEEN: M/S THE ORIENTAL INSURANCE COMPANY LTD., NO.436/2/V, 1ST FLOOR, MASTHI TOWER MAIN ROAD, KUNDAPURA, UDUPI-576 201 THROUGH ITS REGIONAL OFFICE LEO SHOPPING COMPLEX NO.44/45, RESIDENCY ROAD, BANGALORE-560 025 REPRESENTED BY ITS REGIONAL MANAGER ...APPELLANT (BY SRI. B.S.UMESH, ADVOCATE) AND: 1. SRI.NAGESH S/O RAMA POOJARY AGED ABOUT 46 YEARS, R/AT SAMBODLU, GUNDMI VILLAGE SASTHANA POST, BRAHMAVARA TALUK UDUPI DISTRICT-576 226 2. VENKATESH NAIK S/O LAKSHMAN NAIK AGED MINOR - 3 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 EXACT NOT KNOWN TO APPELLANT R/AT KRISHNA NILAYA, MAHALINGESHWARA, HERENJE CROSS ROAD, KUNJAL POST UDUPI DISTRICT-576 213 3. PATRICK FERNANDES S/O FELIX FERNANDES AGED ABOUT 55 YEARS R/AT RAMITHA VILLA, BADANIDIYOOR UDUPI TALUK AND DISTRICT-576 115 ...RESPONDENTS (BY MS.SWATI G.HEGDE, ADVOCATE FOR SRI.PAVANA CHANDRA SHEETY H., ADVOCATE FOR R1 R2 & R3 ARE SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 28.02.2022 PASSED IN MVC NO.1099/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.5,95,728/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT 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.No.1099/2019 dated 28.02.2022 by the Senior Civil Judge and Addl. MACT, Kundapura, the insurance company as well as the claimant are before this Court. MFA.No.6249/2022 is filed by the insurance company and MFA.No.3911/2022 is filed by the claimant. - 4 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 2. It is the case of the claimant that on 10.06.2019 at about 4.30 pm., the claimant was riding his motor cycle from Udyavara towards Gundmi side along with pillion rider in slowly, steadily and on NH-66 by observing all traffic rules. When he reached in front of Ashirvad Talkies, Santhekatte NH- 66, Putturu village, Udupi District, at that time, a Tempo came from Udupi side towards Santhekatte side driven by driver of the opposite vehicle in high speed and in rash and negligent manner and due to over speed he lost control over the said tempo and dashed to the back side of the motor cycle. Due to the said impact, the claimant and the pillion rider fell down on road and sustained injuries. Immediately, the claimant was shifted to the KMC hospital, Manipal and was treated as impatient. 3. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of further income due to disability : Rs. 4,41,000/- 2. Towards pain and suffering : Rs. 50,000/- 3. Towards medical : Rs. 36,728/- - 5 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 expenses 4. Loss of income during laid up period : Rs. 28,000/- 5. Towards loss of amenities : Rs. 25,000/- 6. Towards conveyance, diet and attendants charges : Rs. 15,000/- TOTAL : Rs. 5,95,728/- 4. Learned counsel for the insurance company submits that without any basis the Tribunal had granted the compensation and added future prospects. 5. Learned counsel appearing for the claimant submits that the Tribunal had not granted reasonable compensation and compensation needs to be enhanced. 6. Having heard the learned counsels on either side, perused the material on record. This Court has perused the order passed by the Tribunal, the discharge summary and also the wound certificate. As per the discharge summary, there is a fracture and he requires a surgery and against the advice, the relatives wants to take the patient and they would come back for the treatment. After that from the very same hospital the disability certificate is placed. There are no documents on record to show the treatment that the claimant had undergone. - 6 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 In those circumstances this Court is not able to understand how such a certificate came to be issued. Learned counsel appearing for the appellant/claimant submits that if time is granted, they will place all the documents on record. This Court is not inclined to go into those aspects and in the substantial interest of both the parties, this Court deems it appropriate to remand the matter only as far as the quantum of compensation is concerned. Learned counsel for the appellant/insurance company submits that as the driver of the opposite vehicle was in a drunken condition, the Tribunal had already ordered pay and recover and according to the learned counsel for the insurance company they are not at all liable to pay the compensation because the driver of the opposite vehicle was completely in a drunken condition and the accident had taken place. This Court had perused the issues that are framed by the Tribunal, which reads thus: i. Whether the petitioner proves that he sustained grievous injuries in an accident, which was occurred on 10.06.2019 at about 4.30 p.m., on NH-66, Santhekatte, in front of Ashirvad Talkies, Udupi, due to the rash and negligent - 7 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 driving by the driver of the tempo bearing Reg.No.KA-20-A-5902? ii. Whether the petitioner is entitled for compensation? If so, at what quantum and from whom? iii. What order or award? 7. When these two issues are decided by the Tribunal, this Court is not able to understand where from this submission is coming and why in an appeal this Court has to decide all these issues. Hence, this Court is not inclined to go into those aspects. Whatever the order passed by the Tribunal as far as the pay and recover is concerned, that is upheld and the matter is remanded only for the limited purpose of determining the compensation. Accordingly, this Court is passing the following: ORDER i. The award passed in M.V.C.No.1099/2019 dated 28.02.2022 by the Senior Civil Judge and Addl. MACT, Kundapura is set aside and the matter is remanded back to the Tribunal to consider only as far as the quantum of the compensation is concerned. - 8 - HC-KAR NC: 2025:KHC:30655 MFA No. 3911 of 2022 C/W MFA No. 6249 of 2022 ii. Accordingly, both the MFA’s. are disposed of. iii. The parties shall appear before the Tribunal without further notice on 28.08.2025. iv. The amount in deposit shall be forthwith transferred to the Tribunal and shall be placed in the fixed deposit. v. The Tribunal shall dispose of the matter within six months from thereon. vi. Both the parties are at liberty to adduce the evidence. vii. Registry is directed to send the records to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. viii. No Costs. ix. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 6