- 1 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6327/2024 (MV-I) BETWEEN: SUDEEP SRIRAM M S/O. MANJUNATHA. B. A., NOW AGED ABOUT 21 YEARS, R/AT NO. 18, 5TH K CROSS, OPP: ETDC, 100 FEET ROAD, CHOKKASANDRA, T. DASARAHALLI, BENGALURU-560 057. AND ALSO R/AT BALADARE, DANDIGANAHALLI HOBLI, CHANNARAYANAPATNA TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA N. R., ADVOCATE) AND: 1. PUTTAIAH S/O. KARIYAPPA, AGED ABOUT MAJOR, R/AT BACHEGOWDARAPALYA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 SOLADEVANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 2. THE MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., SRISHANTHI TOWERS, CUSTOMER SERVICE CENTRE, 5TH FLOOR, NGEF LAYOUT, KASTURINAGAR, BANGALORE. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R2 R1- PUTTAIAH SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2023 PASSED IN MVC NO. 514/2022 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND AMM AND MEMBER, MAT, BENGALURU (SCCH-10), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.514/2022 dated 01.09.2023 by the XIV Addl. Small Causes Judge, ACMM and MACT, Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.3,92,057/-, the claimant is before this Court seeking enhancement of the compensation. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Towards loss of income on account of disability Rs. 2,59,200/- 2. Towards pain and suffering Rs. 45,000/- 3. Towards loss of amenities Rs. 30,000/- 4. Towards attendant, food and nourishment and conveyance charges Rs. 10,000/- 5. Towards loss of income during the laid up period and rest period Rs. 24,000/- 6. Towards medical expenses Rs. 8,857/- 7. Towards future medical expenses Rs. 15,000/- Total Rs. 3,92,057/- 2. Learned counsel appearing for the appellant/claimant submits that when the doctor had deposed that the claimant had sustained 41% disability to right lower limb and 14% to the whole body, the Tribunal had taken only 10% as disability. - 4 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 It is submitted that under the head of pain and suffering and towards loss of income during the laid up period, the Tribunal had not granted just and reasonable compensation and the same needs to be enhanced. It is submitted that the Tribunal had fixed the liability on the owner of the vehicle on the ground that the driver of the tractor is a minor and he was not having a valid driving license to drive the vehicle. Hence, the owner alone is liable to pay the compensation. It is submitted the law laid down by the Hon’ble Apex Court in the case of National insurance co. Ltd. V. Swaran singh and others1 wherein the Hon’ble Apex Court, considering the plight of the third party had applied the principal of pay and recover and the Tribunal ought to have applied the same. 3. Learned counsel appearing for respondent No.2/ Insurance Company submits that as the driver was a minor and he was not having driving licence, the Tribunal had rightly fixed the liability on the owner of the vehicle. It is further submitted that the amount of compensation that is awarded by the 1 2004 ACJ 1 - 5 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 Tribunal is just and reasonable and no enhancement is called for. 4. Having heard the learned counsels on either side, perused the material on record. Considering the two fractures that is sustained by the claimant, under the head of pain and suffering this Court is granting an amount of Rs.50,000/-. Towards incidental expenses, loss of amenities, medical expenses and future medical expenses, the Tribunal had granted reasonable amount and no enhancement is called for. Coming to the loss of income during the laid up period, for three months, this Court is granting an amount of (15000X3)=Rs.45,000/-. Then, coming to the loss of future income, when the doctor had deposed that the disability is 41% to the limb and 14% to the whole body, without any basis the Tribunal had taken the disability at 10%. Hence, this Court is taking the disability at 14% and granting an amount of (15000X12X18X14/100)=Rs.4,53,600/- towards loss of future income. 5. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and - 6 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 6. Coming to the liability aspect, in the light of the law laid down by the Hon’ble Apex Court in the case of Swaran Singh referred supra though the driver of the offending vehicle was not having a valid driving license, the principle of pay and recover will apply and the Insurance Company shall pay the compensation and recover the same from the owner of the vehicle. 7. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Towards loss of income on account of disability Rs. 2,59,200/- 00/- 2. Towards pain and suffering Rs. 45,000/- 50,000/- 3. Towards loss of amenities Rs. 30,000/- 30,000/- 4. Towards attendant, food and nourishment and conveyance charges Rs. 10,000/- 10,000/- 5. Towards loss of income during the laid up Rs. 24,000/- 45,000/- 2 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 period and rest period 6. Towards medical expenses Rs. 8,857/- 8,857/- 7. Towards future medical expenses Rs. 15,000/- 15,000/- 8. Loss of future income Rs. 00/- 4,53,600/- 9. Legal expenses Rs. 00/- 10,000/- Total Rs. 3,92,057/- 6,22,457/- 8. Altogether, the claimant is entitled for the compensation of an amount of Rs.6,22,457/-. 9. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,92,057/- to Rs.6,22,457/- and the Insurance Company is liable to pay the compensation amount and recover the same from the owner of the vehicle. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) Respondent No.2/Insurance Company is liable to pay the compensation amount and recover the same from the owner of the vehicle. iii) Respondent No.2/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. - 8 - HC-KAR NC: 2025:KHC:46258 MFA No. 6327 of 2024 iv) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v) On 19.09.2025, the delay of 263 days is condoned on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 1 Sl No.: 87