- 1 - HC-KAR CNR: KAHC010272342021 NC: 2026:KHC:36324 MFA No. 3108 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3108 OF 2021(MV-I) BETWEEN: SRI. MADEGOWDA S/O. SHANKARALINGEGOWDA, AGED ABOUT 52 YEARS, R/AT MADAGALLI VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU-571 101. …APPELLANT (BY SRI. P MAHADEVASWAMY, ADVOCATE) AND: 1. MAHESH S/O. NINGAIAH, AGED ABOUT 39 YEARS, R/AT NO. 324, ALANAHALLI VILLAGE, MYSURU TALUK-570 028. 2. THE MANAGER ORIENTAL INSURANCE CO. LTD., NO. 2903, MUSLIM HOSTEL COMPLEX, 1ST FLOOR, 1ST MAIN ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010272342021 NC: 2026:KHC:36324 MFA No. 3108 of 2021 SARASWATHIPURAM, MYSURU-570 009. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, VIDE ORDER DATED 12/03/2026, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2021 PASSED IN MVC NO.372/2017 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.1,92,500/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR CNR: KAHC010272342021 NC: 2026:KHC:36324 MFA No. 3108 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Compensation towards pain, shock and sufferings 15,000 2. Compensation towards attendant charges, extra diet, nourishment and conveyance 4,000 3. Compensation towards loss of amenities 5,000 4. Compensation towards medical expense 1,68,500 Total 1,92,500 4. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against the sum of Rs.15,000/- awarded by the Tribunal. 5. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.5,000/- awarded by the Tribunal. 6. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at - 4 - HC-KAR CNR: KAHC010272342021 NC: 2026:KHC:36324 MFA No. 3108 of 2021 Rs.15,000/- as against the sum of Rs.4,000/- awarded by the Tribunal. 7. Having regard to the nature and gravity of injuries suffered by the claimant and for its further treatment in future, I deem it just and appropriate to award a sum of Rs.20,000/- toward 'future medical expenses'. 8. The sum awarded as medical expenses at Rs.1,68,500/- being based on the documentary evidence, do not call for modification and hence confirmed. 9. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Compensation towards pain, shock and sufferings 15,000 60,000 2. Compensation towards attendant charges, extra diet, nourishment and conveyance 4,000 15,000 - 5 - HC-KAR CNR: KAHC010272342021 NC: 2026:KHC:36324 MFA No. 3108 of 2021 3. Compensation towards loss of amenities 5,000 40,000 4. Compensation towards medical expense 1,68,500 1,68,500 5. Future medical expenses --- 20,000 Total 1,92,500 3,03,500 10. Thus, the claimant is held entitled to the total compensation of Rs.3,03,500/- as against Rs.1,92,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 11. Admittedly the driver of the offending vehicle was not possessing valid driving license at the time of accident. In view of the law laid down by the Hon'ble Apex Court in the case of Pappu vs. Vinod Kumar Lamba and another reported in (2018) 3 SCC 208, the Tribunal ought to have fastened the liability on the insurer with liberty to recover the same from the insured. Accordingly, that portion of the impugned award stands modified. 12. The Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a - 6 - HC-KAR CNR: KAHC010272342021 NC: 2026:KHC:36324 MFA No. 3108 of 2021 period of six weeks from the date of receipt of a certified copy of this judgment. However, it shall be at liberty to recover the said amount from the insured in accordance with law. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 31