- 1 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9073 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 181 OF 2020 (MV-I) IN MFA No. 9073/2019 BETWEEN: 1. NARAYANA M MURKI S/O MASTHI AGED ABOUT 50 YEARS, R/O DIVOORU VILLAGE, AND POST KUMUTA TALUK KARVAR DSITRICT NOW R/AT CUSTOMS QUARTERES ROOM NO.7, MALPE, UDUPI -576108 …APPELLANT (BY SRI VARUN SAI Y FOR SACHIN B S.,ADVOCATE) AND: 1. SRI BHARATH REDDY S/O ANJI REDDY AGED ABOUT 22 YEARS, R/O 37-1-413/38 RAM NAGARA 6TH LINE ONGOLA TQ PRAKASH DIST ANDRA PRADESH NOW R/AT R NO.422 15TH BLOCK MIT HOSTEL MANIPAL-576104 2. MAHAMMAD IKAS S/O HUSSAIN PANDITH SAHEEB Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 AGED ABOUT 35 YEARS, R/AT HOUSE NO.5-3-5 ENAGUDDI KOTE KATPADI UDUPI-574105 3. THE NATIONAL INSURANCE COMPANY LTD., REP BY ITS DIVISIONAL MANAGER DIV. OFFICE 1ST FLOOR SHANKAR BUILDING MOSQUE ROAD, P B 97 UDUPI-576101 …RESPONDENTS (BY SRI RAVISHANKAR A., ADVOCATE) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.07.2019 PASSED IN MVC NO.546/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 181/2020 BETWEEN: 1. GOPALA MOOLYA (SINCE DECEASED) 1A. SMT.INDIRA, W/O LATE GOPALA MOOLYA, AGED 53 YEARS, 1B. LAXMI D/O LATE GOPALA MOOLYA AGED ABOUT 41 YEARS 1C. ASHWINI D/O LATE GOPALA MOOLYA - 3 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 NO.1 TO 3 ARE ALL R/AT H.NO.7-6A, KEERTHI NAGAR, 2ND CROSS, SHIVALLI VILLAGE, PADUSAAGRI, KUNJIBETTU POST, UDUPI TALUK AND DISTRICT 576 102 ...APPELLANTS (BY SRI. VARUN SAI Y SACHIN B S.,ADVOCATE) AND: 1. SRI.BHARATH REDDY S/O ANJI REDDY, AGED 23 YEARS, R/AT 37-1-413/38, RAM NAGARA, 6TH LINE, ONGOLA TALUK, PRAKASHAM DISTRICT, ANDRAPRADESH NOW R/AT R.NO. 422, 15TH BLOCK, MIT HOSTEL MANIPAL-576104 2. MAHAMMAD IKAS AGED 36 YEARS, S/O HUSSAIN PANDITH SAHEEB, R/AT HOUSE NO.5-3-5, ENAGUDDI, KOTE KATPADI, UDUPI-574 105 3. THE NATIONAL INS CO LTD EP BY ITS DIVISIONAL MANAGER, DIV. OFFICE, 1ST FLOOR, SHANKAR BUILDING, MOSQUE ROAD, P.B.97, UDUPI-576 101 ...RESPONDENTS (BY SRI.RAVISHANKAR A .,ADVOCATE) (R3, R2 SERVED AND UNREPRESENTED) MFA FILED U/S 173(1) OF MV ACT AGAINST THE - 4 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 JUDGMENT AND AWARD DATED 20.07.2019 PASSED IN MVC NO. 545/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, 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.545/2014 and 546/2014 dated 20.07.2019 by the Additional Senior Civil Judge and Additional MACT at Udupi, MFA.No.181/2020 and MFA.No.9073/2019 are filed. Though, two separate appeals are filed by the two claimants as the Tribunal had disposed of both the appeals by way of a common order, this Court is also disposing the same by way of a common order. MFA.No.181/2020 arising out of MVC.No.545/2014 2. The claimant had filed this petition under Section 166 of Motor Vehicles Act, 1988 seeking compensation for the injuries sustained by him in the road traffic accident. During - 5 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 the pendency of the petition, the claimant was reported dead and his legal heirs were brought on record. 3. It is the case of the claimants that there is a nexus between the injuries sustained by the deceased in the accident and the cause of death. The Tribunal had disbelieved the same and held that there is no sufficient material on record to show that the death is the result of the injuries sustained in the accident. The Tribunal has also held that in the light of the settled position of law the legal heirs of the deceased are not entitled to compensation under the head of personal injuries such as future loss of income, income during the laid up period, pain and suffering, discomfort future medical expenses and future prospects, except medical expenses, attendant charges, nourishment, food provided to the deceased during his hospitalization. The Tribunal held that the medical bills are an amount of Rs.22,410/-. He was in hospital for 20 days and under the head of attendant charges, nourishment food he is entitled for an amount of Rs.10,000/-. Altogether, the claimant is entitled for an amount Rs.33,000/-. - 6 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 4. Learned counsel appearing for the appellants/claimants submits that in doctor's evidence is clear that because of the injuries sustained in the accident there is no mobility that gradually led to the heart attack. Then, in that case, there is a nexus between the injuries sustained in the accident and the death and the Tribunal ought to have granted the compensation. It is submitted that even under all the heads the amount that is awarded by the Tribunal is not a just and reasonable compensation. 5. Learned counsel appearing for the Insurance Company had supported the order impugned and submitted that the Tribunal had rightly granted compensation and rightly held that the principle of pay and recover applies and there are no reasons to interfere with the award. 6. Having heard the learned counsels on either side, perused the materials on record. The claimants have failed to establish that there is a nexus between the injuries sustained in the accident and the death. No postmortem certificate is placed before the Tribunal. In that view of the matter, the Tribunal had rightly come to the conclusion that there is no - 7 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 nexus between the injuries sustained in the accident and the death. Then coming to the compensation, the Tribunal had granted an amount of Rs.22,410/- towards medical expenses. There is nothing to interfere. Towards attendant, nourishment and food charges, the claimant was in hospital for 20 days. He is entitled for an amount of Rs.20,000/-. Considering the injuries, this Court is inclined to grant an amount of Rs.50,000/- for all the expenses. 7. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Medical expenses Rs. 22,410/- 22,410/- 2. Attendant, nourishment and food expenses Rs. 10,000/- 20,000/- TOTAL Rs. 32,410/- (rounded of to Rs.33,000/- 42,410/- (rounded off to Rs.50,000/- Enhancement Rs. 17,000/- - 8 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 8. Accordingly, MFA.No.181/2020 is partly allowed by enhancing the compensation from Rs.33,000/- to Rs.50,000/- MFA.No.9073/2019 arising out of MVC.No.546/2014. 9. The claimant filed this petition under Section 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.3,63,000/- for the injuries sustained by him in the road traffic accident 10. The Tribunal had awarded the compensation to the claimant as per the table given below: Heads Compensation Awarded 1. Future medical expenses Rs. Nil 2. Loss of future income Rs. Nil 3. Medical expenses Rs. 1,983/- 4. Nourishment, attendant, conveyance expenses Rs. 3,000/- 5. Loss of income during the laid up period Rs. 26,600/- 6. Pain and suffering Rs. 25,000/- 7. Loss of amenities, future happiness Rs. 20,000/- TOTAL Rs. 76,583/- - 9 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 11. Learned counsel appearing for the appellant/claimant submits that the Tribunal had not granted the reasonable compensation. It is submitted that he had sustained fracture injury and the Tribunal had granted only an amount of Rs.25,000/- under the head of pain and suffering. The Tribunal ought to have considered the salary at Rs.21,000/- to Rs.22,000/-. It is submitted that he was in hospital for 8 days but the Tribunal had granted only 3,000/- under the head of nourishment, attendant, conveyance expenses. It is submitted that on all counts the compensation needs to be enhanced. 12. Learned counsel appearing for the Insurance Company has supported the order impugned and submitted that the Tribunal had rightly granted compensation and rightly held that the principle of pay and recover applies and there are no reasons to interfere with the award. 13. Having heard the learned counsels on either side, perused the materials on record. The claimant had sustained one fracture injury, this Court is granting an amount of Rs.40,000/- towards pain and suffering. The Tribunal without examining the doctor had granted an amount of Rs.20,000/- - 10 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 under the head of loss of amenities, discomfort and further prospectus and permanent disability. No enhancement is called for. Under the head of loss of income during the laid up period also the Tribunal had rightly granted an amount of Rs.26,600/- and no interference is called for. Coming to the nourishment, attendant and conveyance expenses, he was in hospital for 8 days and this Court is granting an amount of Rs.8,000/-. Towards Medical expenses, the Tribunal had rightly granted an amount of Rs.1,983/-. No interference is called for. 14. 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. 15. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Future medical expenses Rs. 00/- 00/- 1 (2014) 11 SCC 178 - 11 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 2. Loss of future income Rs. 00/- 00/- 3. Medical expenses Rs. 1,983/- 1,983/- 4. Nourishment, attendant, conveyance expenses Rs. 3,000/- 8,000/- 5. Loss of income during the laid up period Rs. 26,600/- 26,600/- 6. Pain and suffering Rs. 25,000/- 40,000/- 7. Loss of amenities, future happiness Rs. 20,000/- 20,000/- 8. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 76,583/- 1,06,583/- Enhancement Rs. 30,000/- 16. Accordingly, the MFA.No.9073/2019 is partly allowed by enhancing the compensation from ₹ 76,583/- to Rs.1,06,583/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The Insurance Company shall pay the compensation to the claimant and recover the same from the owner of the vehicle. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of - 12 - HC-KAR NC: 2025:KHC:34705 MFA No. 9073 of 2019 C/W MFA No. 181 of 2020 the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 11