- 1 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3180 OF 2013 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5633 OF 2013 (MV-I) IN MFA No. 3180/2013 BETWEEN: THE ICICI LOMBARD GENERAL COMPANY LTD ZINETH HOUSE KESHAVARAO KHANDE MARG MAHALAXMI, MUMBAI NOW REPRESENTED BY M/S ICICI LOMBARD GENERAL COMPANY LTD REGIONAL OFFICE, NO.89, 2ND FLOOR SVR COMPLEX, MADIWALA HOSUR MAIN ROAD, BANGALORE REPRESENTED BY ITS LEGAL MANAGER …APPELLANT (BY SRI. B C SHIVANNEGOWDA., ADVOCATE) AND: 1. KRISHNA S/O LATE KUSTA AGED ABOUT 44 YEARS R/O JANATHA COLONY VARAMBALLI VILLAGE UDUPI TALUK 2. BAYAJI DHADU HARALE S/O DHADU HOUSE AGED ABOUT 36 YEARS M B MARG, VIKROLI, ROOM NO.2 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 SECTOR NO.9, NEW PANVEL THE NEW PANVEL SECTOR NO.18 RAIGAD, MAHARASTRA STATE …RESPONDENTS (BY SRI. NAGARAJA HEGDE, ADVOCATE FOR R1(NOC), V/O DTD 22.11.2017 SERVICE OF NOTICE TO R2 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.1.2013 PASSED IN MVC NO.811/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, AWARDING A COMPENSATION OF RS.5,77,885/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 5633/2013 BETWEEN: SRI KRISHNA S/O LATE KUSTA AGED ABOUT 44 YEARS R/AT JANATHA COLONY VARAMBALLDI VILLAGE UDUPI TALUK & DISTRICT-575 401 ...APPELLANT (BY SRI. SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI BAYAJI DHADU HARALE S/O DHADUFD HARALE AGED ABOUT 36 YEARS R/AT M B S MARG, VIKROLI ROOM NO. 2, SECTOR NO.9 NEW PANVEL, THE NEW PANVEL SECTOR NO./18 RAIGAD, MAHARASTRA-400 001 2. THE ICICI LOMBARD GENERAL INSURANCE CO LTD., ZINETH HOUSE KESHAVA RAO, KHADE MARG - 3 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 MAHALAXMI, MUMBAI-400 001 REP. BY ITS BRANCH MANAGER ...RESPONDENTS (BY SRI. B PRADEEP.,ADVOCATE FOR R2, V/O DTD:22.03.2016, SERVICE OF NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.1.2013 PASSED IN MVC NO.811/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.5633/2013 is filed by the appellant/claimant and MFA No. 3180/2013 is filed by the Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 15.1.2013 passed in MVC No.811/2009 on the file of the Principal Senior Civil Judge, Additional MACT, Udupi, for enhancing the compensation. - 4 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 2. Heard the arguments of the learned counsel for the appellants and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 13.05.2009 and filed claim petition claiming compensation of Rs.9,25,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.5,77,885/- with interest at the rate of 8% p.a. from date of petition till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the driver of the lorry was having valid and effective driving licence to drive the insured lorry and charge sheet is filed against him under Section 15(180) of the MV Act. But the Tribunal without considering the same, fastened liability on them and also considered the whole body disability as 50%. The doctor assessed the disability as 23%. Therefore, it is to be taken as 8%. But the tribunal has taken excessive disability and granted excess compensation. It is further stated that the - 5 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 accident occurred due to head on collision between two vehicles. But the tribunal held the entire negligence on the part of the driver of lorry, though there was head on collision between two vehicles and thus requested for modification of the order. Learned counsel for the claimant contended that the tribunal granted meager amount under the various heads. Petitioner was working as a coolie and was earning Rs.300 to 400 per day i.e., Rs.12,000/- per month. But the tribunal has taken only Rs.5,000/-, thus requested for enhancement of the compensation. 5. Though it is stated that petitioner was earning Rs.12,000/- per month he has not filed any income proof. As he met with an accident in the year 2009 his notional income is to be taken as Rs.5,000/-. Tribunal rightly considered his income as Rs.5,000/- and it needs no interference. He was aged 40 years and the multiplier taken is 15. As per Ex.P3 wound certificate petitioner sustained injuries as follows ‘Open fracture dislocation right wrist, fracture right radius, fracture capitellum, - 6 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 scaphoid and loss of multiple tooth which are grievous in nature. It is stated that oral surgery consultation was given and the petitioner was posted emergency debridement and K wire fixation of right wrist injuries on 13-5-2009 and on 16-5-2009 K wire fixation of right capitellum was done. On 11-7-2009 dorsal ulnar artery based flap cover was done for ulcer on the right wrist. Petitioner examined PW2 doctor who stated as per the radiological findings there is non-union capitellum secondary degenerative arthritis of the right elbow, right wrist and malunion of the right distal radius. Further, he assessed the permanent disability of 23% of the right upper limb. But the Tribunal considered that it is very difficult for him to attend the coolie work in future with his right hand and has taken the disability as 50% to the whole body. Reasoning of the tribunal for taking disability of 50% is not on proper appreciation of fact, as the doctor assessed disability of upper limb as 23%, it is just and proper to take 1/3rd of 23% as 8%. Considering the fact - 7 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 that there is non-union capitellum and mal-union of right distal radius, this Court finds it reasonable to take the disability as 15%. Loss of future earning capacity comes to Rs.5,000 x 12 x 15 x 15% =Rs.1,35,000/-. The Tribunal granted Rs.39,885/- towards medical expenses and it is confirmed. He was hospitalized for a period of 16 days. Considering his age, occupation, nature of injuries, period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs. 30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 4 months. Therefore, Rs.20,000/- is to be granted under head loss of income during laid up period. 6. Thus in all, components awarded by this court are as below, - 8 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 Hence, the compensation granted by tribunal is reduced from Rs.5,77,885/- to Rs.3,14,885/- along with interest at the rate of 6% p.a. 7. It is further stated that the driver of the vehicle was not having valid driving licence and even he was charge sheeted for an offence under Section 180 of the MV Act. As such, as per the citation in case of Pappu and Ors Vs Vinod Kumar Lamba and Anr., reported in 2018(3) SCC 308 this Court finds it reasonable to invoke pay and recovery order. Hence, Insurance Company is directed to Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,35,000 2 Pain and suffering 60,000 3 Loss of amenities 30,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 20,000 7 Medical bills 39,885 Total 3,14,885 - 9 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 deposit the amount and they are at liberty to recover the same from owner of the vehicle by due process of law. 8. In the result, the following order is passed: ORDER i. MFA No.5633/2013 filed by the appellant/claimant is hereby dismissed and MFA No. 3180/2013 filed by the Insurance Company is allowed in part. ii. The judgment and award dated 15.1.2013 passed in MVC No.811/2009 on the file of the Principal Senior Civil Judge, Additional MACT, Udupi, is modified. iii. The claimants are entitled to a sum of Rs.3,14,885/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,77,885/- granted by the tribunal. - 10 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 iv. Respondent/Insurance Company has not deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the compensation of Rs.3,14,885/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. Insurance company is directed to deposit the amount and they are at liberty to recover the same from owner of the vehicle by due process of law. - 11 - HC-KAR NC: 2026:KHC:8481 MFA No. 3180 of 2013 C/W MFA No. 5633 of 2013 vii. Insurance Company has only deposited Rs.25,000 as statutory amount and the same is directed to be to be transmitted to MACT. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 45