- 1 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5156 OF 2020(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.5136 OF 2020(MV-I) IN MFA No. 5156/2020 BETWEEN: SRI. S.Y. NAGEGOWDA S/O YELAKEGOWDA AGED ABOUT 54 YEARS R/AT SHINDABOGANAHALI VILLAGE CHINNAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT. …APPELLANT (BY SRI. DIVAKARA P.S, ADVOCATE) AND: 1. M.R MURGESAN S/O SUBRAMANI AGED ABOUT 55 YEARS R/AT NO.1/334, GURRENCY BARLIAR, COORNOOR DIST: NILAGIRIS TAMIL NADU. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., NO.2912, SRI. VENKATESHWARA PLAZA, 1ST MAIN, SARASWATHIPURAM, MYSURU-570 009. …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2, VIDE ORDER DATED 01.04.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.04.2019 PASSED IN MVC NO. 147/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5136/2020 BETWEEN: SRI NAGEGOWDA S/O GOVINDE GOWDA AGED ABOUT 54 YEARS R/AT SHINDABOGANAHALLI VILLAGE CHINNAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT. ...APPELLANT (BY SRI. DIVAKARA P.S, ADVOCATE) AND: 1. M.R MURGESAN S/O SUBRAMANI AGED ABOUT 55 YEARS R/AT NO.1/334, GURRENCY BARLIAR, COORNOOR DIST-NILAGIRIS TAMIL NADU. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., NO.2912, SRI VENKATESHWARA PLAZA, 1ST MAIN, SARASWATHIPURAM, MYSURU-570 009. - 3 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 ...RESPONDENTS (BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2, VIDE ORDER DATED 01.04.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.04.2019 PASSED IN MVC NO.148/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, 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 MR. JUSTICE RAJESH RAI K ORAL JUDGMENT These two appeals are directed against the judgment and award dated 30.04.2019 passed in MVC No.147/2015 and 148/2015 on the file of Addl. Senior Civil Judge and JMFC at Pandavapura (for short 'the Tribunal), whereby the Tribunal partly allowed the claim petitions filed by the claimants. Being dissatisfied with the compensation so also saddling the liability on the owner of the offending vehicle instead of Insurance Company, the claimants are before this Court. 2. MFA No.5156/2020 is filed by the claimant in MVC No.147/2015 and MFA No.5136/2020 is filed by the claimant in MVC No.148/2015. - 4 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 3. The accident in question, injuries sustained by the claimants and coverage of insurance policy to the offending vehicle are not in dispute. 4. Learned counsel for the appellant in both the appeals contended that the Tribunal grossly erred by saddling the liability on the owner-respondent No.1 on the premises that the driver of the offending vehicle had no valid driving license as on the date of accident. He also contended that, though the charge sheet has been filed stating that the driver of the offending vehicle was not possessing valid driving license, before the Tribunal, the claimants placed Ex.P10-driving license, which clearly established that the driver of the offending vehicle had valid driving license as on the date of accident. The Tribunal without considering the said aspect, saddled the liability on the owner-respondent No.1 for the reason that the driver of the offending vehicle was not holding valid driving license. He also contended that the Tribunal has granted meager compensation in all the heads without properly assessing the evidence on record. Accordingly, he prays to allow the appeals. - 5 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 5. Per contra, learned counsel for the Insurance Company opposed the petition on the ground that the investigation papers including the charge sheet reveal that the driver of the offending vehicle had no valid driving license at the time of accident. As such, the Tribunal has rightly fastened the liability on the owner. She also contended that the Tribunal granted just compensation on all heads, however, erred in awarding 9% interest instead of 6%. Accordingly, she prays to dismiss the appeals. 6. I have given my anxious consideration to the submissions made by learned counsel for the respective parties and perused the impugned judgment and award and documents placed before this Court. 7. As could be gathered from records, the Tribunal saddled the liability on the owner of the offending vehicle instead of Insurance Company only on the ground that the driver had no valid driving license as on the date of accident by relying on the charge sheet-Ex.P3. However, on careful examination of the documents, Ex.P10-driving license produced by the claimants depicts that the driver had valid driving license as on the date of accident to drive the offending vehicle. - 6 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 The Tribunal was totally unaware of the said documents and misread the evidence and solely relying on Ex.P3, saddled the liability on the owner. As such, I am of the considered view that there is a substantial force in the contention of learned counsel for the claimants and the Tribunal has erred on this aspect. Accordingly, the said finding of the Tribunal is liable to set-aside by saddling the liability to the Insurance Company. 8. The Tribunal has awarded a total compensation of Rs.1,00,000/- in MVC.No.147/2015 i.e., MFA No.5156/2020. Having regard to the nature, gravity and lasting effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.50,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,00,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,50,000/- as against Rs.1,00,000/-. However, no interest is awarded in respect of global compensation of Rs.50,000/-. 9. The Tribunal has awarded a total compensation of Rs.40,000/- in MVC.No.148/2015 i.e., MFA No.5136/2020. Having regard to the nature, gravity of the injuries suffered by - 7 - HC-KAR NC: 2026:KHC:33789 MFA No. 5156 of 2020 C/W MFA No. 5136 of 2020 the claimant, in my considered view, the claimant has not made out a case for enhancement of compensation. Accordingly, the compensation awarded by the Tribunal is justified. However, the Tribunal ought to have awarded interest at 6% instead of 9% per annum. 10. The Tribunal in both the cases has erred in awarding 9% interest for the compensation instead of 6% interest in view of the judgment of the Division Bench of this Court in MFA No.5896/2018 dated 24.08.2020. Accordingly, the interest awarded by the Tribunal in both the cases is modified and the claimants are entitled for the interest at the rate of 6% per annum instead of 9%. 11. Accordingly, MFA No.5156/2020 is allowed-in-part and MFA No.5136/2020 is dismissed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 65