- 1 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 239 OF 2025 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6524 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 6533 OF 2024 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 230 OF 2025 (MV-I) IN MFA No. 239/2025 BETWEEN: RAJESHA S/O LATE PAPANNA, AGED ABOUT 45 YEARS, R/O KAPARANAKOPPALU VILLAGE, K.SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571438.. …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. MANU S/O NAGANNA, MAJOR, R/AT MARIGUDI BEEDI, DODDAPALYA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DIST - 571 438. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER 2. THE MANAGER, THE NATIONAL INSURANCE CO. LTD., ADI CHUNCHANAGIRI ROAD, KUVEMPU NAGARA, MYSORE - 570 019. …RESPONDENTS (BY SRI.JANARDHAN REDDY, ADVOCATE FOR R2 (VAKALATH NOT FILED; VIDE ORDER DATED 16.01.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.03.2024 PASSED IN MVC NO.1502/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6524/2024 BETWEEN: THE MANAGER, THE NATIONAL INSURANCE CO LTD ADI CHUNCHANAGIRI ROAD, KUVEMPU NAGARA MYSORE THROUGH ITS REGIONAL OFFICE, 144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE - 560001 REP BY ITS DEPUTY MANAGER ...APPELLANT (BY SRI. JANARDHAN REDDY, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER AND: 1. SRI RAJESHA S/O LATE PAPANNA, AGED ABOUT 44 YEARS, R/AT KAPARANAKOPPALU VILLAGE, K.SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571401. 2. SRI MANU S/O NAGANNA, MAJOR IN AGE, R/AT DODDAPALYA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571401 ...RESPONDENTS (BY SRI. SREENIVASAN M Y., ADVOCATE FOR R1 (VC) R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC NO.1502/2018 ON THE FILE OF THE PRL. SENIOR CIVL JUDGE AND MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF RS.8,46,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 6533/2024 BETWEEN: 1. THE MANAGER, THE NATIONAL INSURANCE CO LTD ADI CHUNCHANAGIRI ROAD, KUVEMPU NAGARA, MYSORE - 4 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER THROUGH ITS REGIONAL OFFICE 144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE - 560001 REP. BY ITS DEPUTY MANAGER ...APPELLANT (BY SRI. JANARDHAN REDDY.,ADVOCATE) AND: 1. SRI RAVIKUMARA S/O RAJESH, AGED ABOUT 25 YEARS, R/AT KAPARANAKOPPALU VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571401. 2. SRI MANU S/O NAGANNA, MAJOR IN AGE, R/AT DODDAPALYA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571401. ...RESPONDENTS (BY SRI. SREENIVASAN M Y.,ADVOCAT FOR R1 (VC) R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC NO.1503/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF RS. 5,01,500/- WITH INTEREST AT 6 PERCNET P.A. FROM THE DATE OF DEPOSIT - 5 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER OF THE COMPENSATION AMOUNT BEFORE THE TRIBUNAL. IN MFA NO. 230/2025 BETWEEN: RAVIKUMARA S/O RAJESH AGED ABOUT 26 YEARS, R/O KAPARANAKOPPALU VILLAGE, K.SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571438. ...APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) (VC) AND: 1. MANU S/O NAGANNA, MAJOR, R/AT MARIGUDI BEEDI, DODDAPALYA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. 2. THE MANAGER THE NATIONAL INSURANCE CO. LTD., ADI CHUNCHANAGIRI ROAD, KUVEMPU NAGARA, MYSORE - 570 019. ...RESPONDENTS (VIDE ORDER DATED 01.04.2026 SRI.JANARDHAN REDDY, ADVOCATE ACCEPTS NOTICE FOR R2; VIDE ORDER DATED 16.01.2025, NOTICE TO R1 IS D/W - 6 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC NO. 1503/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT IN MFA NO.239/2025 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 30.03.2024 passed in MVC No.1502/2018 on the file of the Principal Senior Civil Judge and Motor Accident Claim Tribunal, Srirangapatna, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 7 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.10,80,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,46,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured claimant met with an accident on 19.03.2018 and sustained injuries. As per Ex.P.5-Wound Certificate, the petitioner sustained head injury and fractures which are grievous in nature and he was doing mason work, unable to do the same. The compensation awarded by the Tribunal under the other heads are meagre. The petitioner spent a sum of Rs.1,50,000/- towards medical treatment. The doctor estimated future medical expenses at Rs.50,000/- and has advised the petitioner to undergo another surgery. But the Tribunal has granted meagre compensation. Therefore, requested for enhancement of the compensation. - 8 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER MFA.No.6524/2024 MFA.No.6524/2024 is filed by the Insurance Company against the same award and contended that the Tribunal has taken the disability as 24% without any basis and added 25% to the future prospects. Insured was riding the motor cycle along with two pillion riders without valid driving license and met with an accident and Tribunal erred in fixing the liability on the insurance company. The doctor assessed the disability as 21% but the Tribunal has taken the disability at 24%, which is excessive disability. 5. Heard the arguments of both the sides 6. Though the petitioner has stated that he was doing mason work and earning Rs.20,000/- per month, he has not produced any income proof. As the petitioner met with an accident in the year 2018, his notional income is to be taken at Rs.12,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 39 years at the time of the - 9 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER accident and the multiplier applicable is '15'. The petitioner examined two doctors Dr.Harsha A.H as CW.1, he stated that the petitioner had unconsciousness with episodes of vomiting. The CT scan showed right frontal contusion with subdural hemorrhage with right occipital extradural hemorrhage with subarachnoid hemorrhage with pneumocephalus. X-ray showed fracture of medial condyle of right tibia. Orthopaedician and plastic surgery opinion was taken and advice followed. The patient is suffering from headache, irritability, giddiness and impaired memory and assessed neurological disorder and total disability of 50% applies to whole body and got marked Ex.C1 to C4. The petitioner also examined CW-2 - Dr. Karunakar and he has stated that he had a bleeding wound on his head and swelling, he was in pain. When x- ray was done they found that Medial Candyle of tibia bone was broken. He underwent further treatment and was treated by a neurologist for his head injuries, followed by stitches. PWs-1 and 2 stated that the petitioner sustained - 10 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER a disability of 21% to the right leg. Thus, the petitioner sustained two disabilities, one assessed at 50% and the other at 21%. As per the medical evidence, the total disability comes to 71% and applying 1/3rd(71x1/3) the disability comes to 21.6%. Considering the nature of the injury, this Court deems it appropriate to assess the disability at 35%. As the disability is more then 20% future prospects to an extent of 40% is to be added. So the loss of future earning capacity comes to 12,500+40%x12x15x35%=11,02,500/-. 7. As per Ex. P.9, he has incurred Rs.40,637/- towards medical expenses and the same is confirmed. He was hospitalized for a period of six days. Considering his occupation, nature of injuries and period of hospitalization, this Court finds it reasonable to award a sum of Rs.50,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities, and Rs.6,000/- towards transportation, extra nourishment, and attendant charges. He might not have attended his work for a period of three - 11 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER months. Accordingly, a sum of Rs.37,500/- (Rs.12,500 × 3) is awarded under the head loss of income during the laid-up period. 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,30,997/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1. Pain and suffering 50,000 2 Medical expenses 40,637 3 Loss of amenities 40,000 4 Transportation, extra nourishment and attendant charges 6,000 5 Loss of future earning capacity (Rs.12,500+40%x12x15x35%) 11,02,500 6 Loss of income during laid up period 37,500 Total 12,76,637 - 12 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER ORDER i. MFA.No.239/2025 is allowed in part and MFA.No.6524/2024 filed by the Insurance company is dismissed. ii. The judgment and award dated 30.03.2024 passed in MVC No.1502/2018 on the file of the Prl.Senior Civil Judge and MACT, Srirangapatna, is modified. iii. The claimant is entitled to a sum of Rs.12,76,637/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,45,640/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.4,30,637/- along with the interest at the rate of 6% within one month from the date of this order. - 13 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. As there is no driving license, the Tribunal already invoked the principle of pay and recovery, the insurance company is at liberty to recover the amount from the owner of the vehicle on due process of law. vii. The appellant is not entitled for interest for delay period of 193 days as per order on I.A.No.1/2025 dated 24.03.2026. IN MFA NO.6533/2024 The common judgment and award dated 30.03.2024 was passed by the Tribunal in MVC Nos.1502/2018 and 1503/2018. However, MFA No.6533/2024 is filed by the insurance company disputing the quantum of compensation granted by the Tribunal in MVC No.1503/2018 on the file of the Prl.Senior Civil JUdge and MACT, Srirangapatna. - 14 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER 2. Heard the arguments of learned counsel for the appellant/insurance company and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 19.03.2018 and filed claim petition before the Tribunal for compensation of Rs.21,80,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,01,556/-. with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, the insurance company preferred this appeal. 4. It is contended that the Tribunal has taken disability at 30% to the whole body without any basis and granted Rs.3,00,000/- towards permanent disability, which is contrary to law and it is also stated that the injured was riding the motor cycle along with pillion rider and the Tribunal erred in fixing the liability against the insurance company. 5. It is further stated that PW-2 examined doctor as CW-1, who assessed the disability at 40.47% for thigh and - 15 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER 13% to the whole body. The amount granted under other heads are excessive and thus requested for reduction of the compensation. 6. The Tribunal relied on the judgment of Mallikarjun Vs. Divisional Manager, The National Insurance Co. Ltd and Ors1 and granted Rs.3,00,000/- towards permanent disability. The petitioner has incurred Rs.1,00,556/- towards medical expenses and the said amount is confirmed. The Tribunal also granted Rs.25,000/- towards future prospects, which is confirmed. 7. Thus in all, compensation awarded by this Court is as below: 1 AIR 2014 SC 736 Sl.Nos. Particulars Amount in Rs. 1. Towards permanent disability 3,00,000 2 Medical expenses 1,00,556 3 Future marriage prospects 25,000 Total 4,25,556 - 16 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER 8. Hence, the compensation granted by the Tribunal is reduced from Rs.5,01,556/- to Rs.4,25,556/-. 9. In the result, the following order is passed: ORDER i. MFA.No.6533/2024 filed by the insurance company is allowed and MFA.No.230/2025 filed by the claimant is dismissed. ii. The judgment and award dated 30.03.2024 passed in MVC No.1503/2018 on the file of the Prl.Senior Civil Judge and MACT, Srirangapatna, is modified. iii. Appellant/Insurance Company submits that it has already deposited the award amount before the Tribunal, therefore, the insurance company is entitled for refund of Rs.75,944/- with interest, and it is to be transferred digitally. iv. The petitioner is permitted to withdraw Rs.4,25,556/- with interest and insurance company is at liberty to recover the same from the owner as the principle of pay and recovery is invoked. - 17 - HC-KAR NC: 2026:KHC:18238 MFA No. 239 of 2025 C/W MFA No. 6524 of 2024 MFA No. 6533 of 2024 AND 1 OTHER v The statutory amount deposited before this Court shall be transferred to the MACT. vi. The appellant is not entitled for interest for delay period of 159 days as per order on I.A.No.1/2025 dated 01.04.2026. Sd/- (P SREE SUDHA) JUDGE AG List No.: 1 Sl No.: 50