- 1 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 5233 OF 2020 (MV-I) BETWEEN: SRI. L. ARUN KUMAR S/O. SRI. LAKSHMI NARAYANASWAMY AGED ABOUT 20 YEARS, RESIDING AT NO. 112, S.K. HALLI, NEAR GANGAMMA TEMPLE, BSK 1ST STAGE, BENGALURU-560085 …APPELLANT (BY SRI. HARISH BABU K.N., ADVOCATE) AND: 1. SRI. PRADEEP KUMAR G. S/O S.P. GANESH AGE NOT KNOWN TO THE APPELLANT RESIDING AT: NO.34, TANK BUND ROAD, NEAR SUNDARSHINI HOTEL, JJR NAGAR, CHAMRAJPET, BANGALORE - 560 018 2. REGIONAL MANAGER BHARATI AXA GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, FERNS ICON, SURVEY NO.28, DODDANEKKUNDI VILLAGE, K.R. PURAM HOBLI, BENGALURU - 560 037 …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2 R1- SD. UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.02.2020 PASSED IN MVC NO.4798/2018 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-16 DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT This appeal is directed against the judgment passed in MVC No.4798/2018 dated 27.02.2020 by the Court of Small Causes and Motor Accident Claims Tribunal, at Bengaluru (SCCH-16) (for short, the Tribunal), whereby the Tribunal dismissed the claim petition filed by the claimant. 2. The brief facts of the case are, on 17.07.2018, at about 08:00 p.m., the claimant was travelling as a pillion rider and while the rider was taking the motorcycle out of the parking lot near Kamath Hotel, the rider of Royal Enfield motorcycle bearing registration No.KA-51-EU-5967, who came from Halli Thindi Junction in a rash and negligent manner, dashed against them, resulting in the claimant sustaining grievous injuries. Thereafter, he was shifted to Venlock Hospital - 3 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 and from there to D.G. Hospital. Later, the claimant filed claim petition claiming compensation for the injuries sustained by him in the accident. 3. The Tribunal, on assessment of oral and documentary evidence, dismissed the claim petition filed by the claimant. Challenge to the same is lis before this Court. 4. Heard learned counsel Sri Harish Babu K.N. for the appellant and learned counsel Sri Krishna Kishore for respondent No.2-Insurance Company. 5. Apart from urging several contentions, learned counsel for the claimant primarily contended that the Tribunal has grossly erred in dismissing the claim petition solely on the ground that the claimant has failed to produce the MLC register before the Tribunal in order to establish the history of accident. According to him, the claimant has produced wound certificate at Ex.P7, which clearly depicts that the injuries caused were due to road traffic accident. Additionally, the claimant also produced FIR, complaint, spot mahazar, sketch, IMV report and charge sheet as per Exs.P1 to P6. All these documents clearly - 4 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 depict that the accident occurred due to the rash and negligent riding of the offending motorcycle bearing registration No.KA- 51/EU-5967. The Police also laid charge sheet against the rider of the said motorcycle. In such circumstances, there is no reason for the Tribunal to discard these documents only for the reason that the MLC register was not produced. Accordingly, he prays to allow the appeal by awarding just compensation. 6. Per contra, learned counsel for the Insurance Company by supporting the impugned judgment contended that the Tribunal, on meticulous examination of the evidence available on record, has rightly dismissed the claim petition. Further, he would contend that if the claimant had suffered injuries due to accident and that he was immediately after the incident, was shifted to Venlock Hospital and from there to D.G. Hospital, the history of accident would have been mentioned in the MLC register. As such, in order to prove the history of the accident, the claimant would have produced the MLC register before the Tribunal, however, he has failed to produce the same. In such circumstance, the Tribunal is justified in - 5 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 dismissing the claim petition. Accordingly, he prays to dismiss the appeal. 7. I have given my anxious consideration to the submission made by learned counsel for the respective parties and perused the impugned judgment and other documents made available before this Court. 8. As could be gathered from records, the accident in question occurred on 17.07.2018 at about 8.00 p.m. near Kamath Hotel, Bull Temple Road. At the time of the accident, the claimant was travelling as a pillion rider. While the rider was taking the motorcycle out of the parking lot near the hotel, the offending vehicle came in a rash and negligent manner and dashed against them, resulting in the claimant sustaining injuries. Immediately after the accident, the claimant was shifted to Venlock Hospital and from there to D.G. Hospital. On the next day i.e., 18.07.2018, a complaint came to be lodged by the complainant/claimant at D.G. Hospital in the presence of the Doctor-PW.2. The said complaint bears the seal and signature of the Doctor. On the strength of said complaint, FIR - 6 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 came to be registered against the rider of the offending vehicle. Subsequently, the Police investigated the case and laid charge sheet against the rider of the offending vehicle. The said charge sheet has not been seriously challenged by the Insurance Company. 9. No doubt, the claimant has not placed the MLC register before the Tribunal, however, Ex.P7-wound certificate produced by the claimant clearly depicts that the accident occurred on 17.07.2018 and on the same day, at about 10.20 p.m., the claimant visited the hospital with the history of road traffic accident. On careful perusal of Ex.P7-wound certificate coupled with Ex.P2-complaint lodged by the claimant, which was recorded in the hospital, I am of the considered view that that the Tribunal has erred by holding that the claim petition is a frivolous one, since the claimant has failed to produce MLC register. Hence, the impugned judgment passed by the Tribunal is liable to be set-aside and the same is set aside. 10. As regards award of compensation, I have perused the evidence of Doctor-PW.2 and the wound certificate. The same depicts that the claimant has suffered following injuries: - 7 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 i. Fracture of third lower tibia ii. Swelling and tenderness present over right lower limb at lower 1/3rd ii. Abrasion present over right medial malleolus. 11. Since the Doctor has assessed the permanent disability at 25% to the right lower limb and 8% to the whole body, having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it just and appropriate to assess the disability at 8%. 12. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 13. As the claimant was aged 18 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,16,000/- (12,500 x 12 x 18 x 8%) towards 'loss of future income'. - 8 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 14. Having regard to the hospitalization and treatment taken by the claimant, I deem it just and appropriate to treat the laid up period as three months. Consequently, the claimant would be entitled to a sum of Rs.37,500/- towards 'loss of income during the laid up period' (Rs.12,500 X 3 months) and Rs.10,000/- towards 'conveyance, food and nourishment and attendant charges'. 15. Since the claimant suffered fractural injuries, I deem it just and appropriate to award Rs.20,000/- towards 'future medical expenses'. 16. Having regard to the injuries suffered and having regard to the lasting effects of the same on the claimant, I deem it just and appropriate to award a sum of Rs.40,000/- towards 'pain and suffering' and a sum of Rs.30,000/- towards loss of 'amenities'. 17. Having perused Ex.P12 - medical bills produced by the claimant, I deem it just and appropriate to award a sum of Rs.85,041/-, towards 'medical expenses'. - 9 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 18. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads Amount in (Rs.) 1. Towards pain and suffering 40,000 2. Towards loss of amenities 30,000 3. Towards nourishment, conveyance and attendant charges 10,000 4. Towards medical expenses 85,041 5. Towards loss of future income 2,16,000 6. Towards loss of income during laid up period 37,500 7. Towards future medical expenses 20,000 Total 4,38,541 19. Thus, the claimant is held entitled to the total compensation of Rs.4,38,541/- along with interest at the rate of 6% per annum from the date of petition till its realization. 20. A perusal of evidence of RW.1, charge sheet and Exs.R1 and R2 i.e., the notice issued under Section 133 of - 10 - HC-KAR CNR: KAHC010369072020 NC: 2026:KHC:36592 MFA No. 5233 of 2020 Motor Vehicles Act and the reply given by the claimant respectively, depict that 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 - (2018) 3 SCC 208, the Insurance Company is directed to deposit the compensation amount, together with accrued interest, within a period of six weeks from the date of receipt of a certified copy of this judgment and thereafter, shall recover the said amount from the insured in accordance with law. The appeal is accordingly allowed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 37