- 1 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4185 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4553 OF 2021 (MV-I) IN MFA No. 4185/2023 BETWEEN: SRINIVASA.T, S/O THIPPESWAMI, AGED ABOUT 38 YEARS, R/O DURGAVARA VILLAGE, CHALLAKERE TALUK, CHITRADURGA – 577 522 (OWNER OF TEMPO TOOFAN BEARING REG.NO.KA-16-P-3684) …APPELLANT (BY SRI. VASANTHAKUMAR K M., ADVOCATE) AND: 1. SHAIK IMAMSAB @ SHAIK IMAM S/O SHAIK HUSSAIN SAB @ HUSSAIN SAB AGED ABOUT 73 YEARS, OCC-COOLIE WORK GOPALAPURA ROAD, RAMDAS COMPOUND, CHITRADURGA TQ AND DIST PIN - 577 501. 2. THE MANAGER SRI RAMA GENERAL INSURANCE COMPANY LTD., NO.28, BILEKALHALLI HOSUR MAIN ROAD, MADIVALA, BENGALURU – 560 068 …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 (BY SRI. PRADEEP B., ADVOCATE FOR R2; SRI. A. K. SREEHARSHA, ADVOCATE FOR SRI. SPOORTHY HEGDE N., ADVOCATE FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO a) SET ASIDE THE JUDGMENT AND AWARD DATED 22.03.2021 MADE IN MVC NO.708/2018 PASSED BY THE SENIOR CIVIL JUDGE AND MACT, CHALLAKERE. IN SO FAR AS IT RELATES TO ORDERING TO PAY AND RECOVER FROM THE APPELLANT BY THE 2ND RESPONDENT – INSURANCE COMPANY; b) DISMISS THE CLAIM PETITION M.V.C NO.708/2018 PASSED BY THE SENIOR CIVIL JUDGE & M.A.C.T, CHALLAKERE AS AGAINST THE APPELLANT HEREIN; c) GRANT SUCH OTHER AND FURTHER RELIEFS AS OR JUST AND NECESSARY EVEN INCLUDING THE COSTS OF THIS APPEAL AND ALSO TO ORDER FOR RETURN OF DEPOSITED AMOUNT TO THE APPELLANT HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.4553/2021 BETWEEN: SHAIK IMAMSAB @ SHAIK IMAM, S/O SHAIK HUSSAIN SAB @ HUSSAIN SAB AGED ABOUT 71 YEARS, COOLIE WORK, R/O GOPALAPURA ROAD, RAMDAS COMPOUND, CHITRADURGA - 577 001 ...APPELLANT (BY SRI. A. K. SREEHARSHA, ADVOCATE FOR SRI. SPOORTHY HEGDE N., ADVOCATE) AND: 1. RAMA GENERAL INSURANCE CO. LTD., REP BY ITS MANAGER NO.28, BILEKAHALLI HOSUR MAIN ROAD, MADIVALA, BENGALURU. 2. SRINIVASA, S/O TIPPESWAMY, AGED ABOUT 33 YEARS, OWNER OF TEMPO TOOFAN BEARING REG. NO.16-B-3684, - 3 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 R/O DURGAVARA VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT. ...RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1; SRI. VASANTHA KUMAR K. M., ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.03.2021 PASSED IN MVC NO.708/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHALLAKERE BY ENHANCING THE COMPENSATION WHICH IS JUSTICE AND REASONABLE HAVING REGARD TO THE FACTS OF THE CASE BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. 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 MVC.No.708/2018 dated 22.03.2021 by the Senior Civil Judge and MACT, Challakere, whereby the Tribunal had granted an amount of Rs.2,49,666/- as compensation and held that the owner is liable to pay the compensation, both the owner of the vehicle and the claimant are before this court. The owner's appeal is MFA.No.4185/2023 and the claimant's appeal is MFA. No.4553/2021. - 4 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- with 12% interest for the injuries sustained by the claimant in the road traffic accident held on 16.01.2018 and the tribunal had granting compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Loss of future income : Rs. 1,08,000/- 2. Loss of income during laid up period : Rs. 6,666/- 3. Pain and suffering : Rs. 50,000/- 4. Medical Expenses : Rs. 65,000/- 5. Attendant Charges : Rs. 10,000/- 6. Transportation charges : Rs. 10,000/- TOTAL : Rs. 2,49,666/- 3. Learned counsel appearing for the owner of the vehicle submits that the Tribunal in the discussion has held that, it is the insurance company which is liable to pay the compensation. When it comes to the operative portion, the Tribunal has observed that the principle of pay and recover will apply. It is submitted that the award that is passed by the Tribunal is contrary to the facts of the case and to the discussion. 4. Learned counsel for the respondent/insurance company does not dispute the fact. In that view of the matter, - 5 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 the appeal filed by the owner of the vehicle is allowed and the liability is on the insurance company. 5. Having heard the learned counsels on either side, perused the material on record. Considering the two fracture injuries to both the legs towards the pain and suffering, this court is granting an amount of Rs.70,000/-. Towards medical expenses the tribunal has granted an amount of Rs.65,000/- and no interference is called for. Towards attendant and transportation charges Rs.10,000/- each is granted by the Tribunal and there are no reasons to interfere. Then coming to the loss of future income, the Tribunal had taken the income at Rs.10,000/- as this accident of the year 2018 this court is taking income at Rs.12,500/- and inclined to grant an amount of Rs.1,35,000/-.(Rs.12,500/-x12x5x 18/100=Rs.1,35,000/-) Then coming to the loss of income during the laid up period considering the income at 12,500/- for 4 months this court is granting an amount of 50,000/-. As the claimant had sustained 18% disability, under the head of loss of amenities this court is granting an amount of Rs.30,000/-. - 6 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 76. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. MEKALA Vs. M. MALATHI AND ANOTHER, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. Altogether the claimant is entitled for compensation for an amount of Rs.3,80,000/- under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income Rs. 1,08,000/- 1,35,000/- 2. Loss of income during laid up period Rs. 6,666/- 50,000/- 3. Pain and suffering Rs. 50,000/- 70,000/- 4. Medical Expenses Rs. 65,000/- 65,000/- 5. Attendant Charges Rs. 10,000/- 10,000/- 6. Transportation charges Rs. 10,000/- 10,000/- 7. Loss of amenities Rs. 00/- 30,000/- 8. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 2,49,666/- 3,80,000/- 8. When it comes to the liability, the insurance company alone is liable to pay the compensation. - 7 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 i. Accordingly, the appeal filed by the claimant MFA.No.4553/2023 is Partly Allowed by enhancing the compensation from an amount of Rs.2,49,666/- to Rs.3,80,000/-. Appeal filed by the Owner of the vehicle MFA.No.4185/2023 is Allowed and the insurance company is only liable to pay the compensation. ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The amount in deposit the owner of the vehicle is at liberty to withdraw. iv. Respondent-Insurance Company shall deposit the said compensation amount with accrued interest before the tribunal within a period of 8 (Eight) weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. The apportionment of the amount shall be as per the order passed by the Tribunal. - 8 - HC-KAR NC: 2025:KHC:37210 MFA No. 4185 of 2023 C/W MFA No. 4553 of 2021 vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 5 Sl No.: 5