- 1 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.544 OF 2021 (MV-I) BETWEEN: UNITED INDIA INSURANCE COMPANY LTD., 2ND FLOOR, VENKATESWARA BUILDING B.M.ROAD, HASSAN REPRESENTED BY ITS REGIONAL OFFICE KRUSHI BHAVAN, 5TH AND 6TH FLOOR NRUPATHUNGA ROAD BENGALURU-560 001 BY ITS MANAGER …APPELLANT (BY SRI JWALA KUMAR, ADVOCATE) AND: 1. SRI SUNIL @ SUNIL KUMAR S/O. KALAIAH AGED ABOUT 24 YEARS R/AT ANANDA JYOTHI COLONY KOLLEGALA TOWN AND TALUK CHAMARAJANAGAR TALUK 2. SRI SHARANRAJ S/O. MUDDANKA AGED ABOUT 28 YEARS R/AT NO.5, BDO QUARTERS IN FRONT OF THE MAHADESWARA COLLEGE KOLLEGAL TOWN AND TALUK CHAMARAJANAGAR DISTRICT Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 3. SRI VINCENT B. S/O. BABU AGED ABOUT 33 YEARS R/AT NO.1442, KURUBA STREET HANUR VILLAGE AND POST KOLLEGAL TOWN AND CHAMARAJANAGAR DISTRICT ALSO AT R/AT NO.66, SANTHEPETE BEEDI HANUR VILLAGE AND POST KOLLEGAL TOWN CHAMARAJANAGAR DISTRICT. …RESPONDENTS (R-1, R-2 AND R-3 ARE SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 16.07.2020, PASSED IN MVC NO.105/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND MACT, KOLLEGALA, AWARDING COMPENSATION OF RS.3,00,000/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the insurer being aggrieved by the judgment and award dated 16.07.2020 passed by the Senior Civil Judge and JMFC and MACT, Kollegala (for short `Tribunal'), in MVC No.105/2017. - 3 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are that, on 02.10.2016, at about 8:15 p.m., the petitioner met with an accident caused by the rash and negligent riding of a motorcycle bearing registration No. KA-03-EP-0745. As a result, the claimant sustained injuries and suffered permanent disability, leading to a loss of earning capacity. With these reasons, the claimant has prayed for awarding of compensation of Rs.13,00,000/-. 4. The respondent No.2 was the owner and respondent No.3 was the insurer of the offending motorcycle. Respondent Nos.1 to 3 have filed their written statement denying the contentions of the claim petitioner and have also denied their liability to pay the compensation due to breach of terms and conditions of the policy of insurance. With these reasons, it prayed to dismiss the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. - 4 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 6. The claimant to prove his case, examined himself as PW-1 and marked 15 documents, as per Exs.P-1 to P- 15(1) to(13). One witness was examined as CW-1 through the Court Commissioner and marked 9 documents as per Exs.C1 to C9. 7. The Tribunal after hearing both parties and appreciating the evidence on record, held that accident occurred due to negligence of the driver of the vehicle bearing registration No.KA-03-EP-0745 and Tribunal assessed the income of the claimant as Rs.8,000/- per month and disability as 10% to the whole body, applied multiplier as '18' and in all awarded the following amount of compensation: Particulars Amount in Rs. Medical expenses 63,900 Pain and sufferings 5,000 Loss of income during laid up period 24,000 Nourishment charges, attendant charges, conveyance 29,000 Loss of future income 1,72,800 Loss of amenities 5,000 Total 2,99,700 - 5 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 8. Heard the arguments of the learned counsel appearing for the appellant-insurer. 9. Inspite of service of notice, there is no representation on behalf of respondent No.1 to 3. Perused the trial Court records. 10. Undisputedly, a charge sheet was filed against the rider of the offending motorcycle. From the mahazar, it is evident that the rider of the offending motorcycle went to the other side of the road, i.e., the wrong side, and collided with the claimant’s motorcycle. In the cross-examination of PW-1, nothing was elicited to show that the accident occurred due to the negligence of PW-1. Though respondent Nos. 1 and 2 appeared before the Tribunal and filed their written statements, they did not enter the witness box to contend that the accident occurred due to the negligence of the claimant. 11. The learned counsel for the appellant–insurer contended that the claimant did not possess a valid and - 6 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 effective driving licence, as he was holding only a Learner’s Licence (LLR) and was riding the vehicle alone without the assistance of a person having a valid licence. Therefore, it is argued that this circumstance indicates negligence on the part of the claimant. However, PW-1, in his evidence, stated that pillion rider was possessing a valid licence and he was holding an LLR. If that were true then there was a violation of driving license. It is true that licence of both rider and pillion rider were not produced on record to substantiate this claim. Further, neither the Investigating Officer nor the cross-examination of PW-1 by insurer it was revealed that PW-1 was negligent in riding the vehicle. Therefore, merely not holding a valid driving licence while riding the motorcycle or violation of condition of LLR license cannot, by itself, not a ground to disentitle the claimant from claiming compensation. The Hon'ble Apex Court in the case of Sudhir Kumar Rana vs. Surinder Singh and others1 held that: 1 (2008) 12 SCC 436 - 7 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 “9.If a person drives a vehicle without a licence, he commits an offence. The same, by itself, in our opinion, may not lead to a finding of negligence as regards the accident. It has been held by the courts below that it was the driver of the mini truck who was driving rashly and negligently. It is one thing to say that the appellant was not possessing any licence but no finding of fact has been arrived at that he was driving the two-wheeler rashly and negligently. If he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a licence, he would be held to be guilty of contributory negligence." 12. Therefore, the mere fact that the rider of the motorcycle was not holding a valid licence cannot be a ground to reject the claim petition. Hence, the said contention is not tenable. 13. The Tribunal has assigned valid reasons and has awarded a just and reasonable compensation of Rs.3,00,000/- to the claimant. On re-examining the compensation awarded under various heads, it appears that the amounts are not adequate. Since the claimant has not filed any appeal, there is no need to reconsider the same. The Tribunal has given proper reasons while calculating the - 8 - HC-KAR NC: 2025:KHC:43456 MFA No. 544 of 2021 compensation, and the amount awarded does not appear to be on the higher side. 14. For the aforesaid reasons, I proceed to pass the following: ORDER i) The appeal is dismissed. ii) The judgment and award dated 16.07.2020 passed by the Senior Civil Judge and JMFC and MACT, Kollegala in MVC No.105/2017 is confirmed. iii) Whatever the amount deposited by the appellant-insurer shall be transmitted to the Tribunal for disbursement. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG, List No.: 1 Sl No.: 37