- 1 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2426 OF 2020 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 119 OF 2020 IN MFA No. 2426/2020 BETWEEN: MOHD. IRFAN S/O SHAKE IMAM AGED ABOUT 53 YEARS, R/O NO. 3944, CHANDAGALU BADAVANE, 1ST CROSS, SHANKAR NAGARA, MANDYA DIST 571401. …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. B B RAVI S/O BASAVEGOWDA, MAJOR R/at DUMBI NILAYA, 3RD MAIN, 9TH CROSS, CARMEL MATHA ROAD, HEMAVATHI NAGARA KRISHNA NAGARA HASSAN CITY 573201. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 2. THE DIVSIIONAL MANGER NATIONAL INSURANCE CO LTD., SRI JANJUNATHESHWARA COMPLEX BUS STAND ROAD, HASSAN 573201 …RESPONDENTS (BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R-2; V/O/D 17.06.22 NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2019 PASSED IN MVC NO.337/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA. IN MFA NO. 119/2020 BETWEEN: THE DIVISIONAL MANAGER, M/S NATIONAL INSURANCE CO. LTD., SRI MANJUNATHESHWARA COMPLEX, BUS STAND ROAD, HASSAN. THROUGH ITS REGIONAL OFFICE, NATIONAL INSURANCE CO. LTD., NO.144, SUBHARAM COMPLEX, M.G.ROAD, BENGALURU - 560 001. REP BY ITS ASSISTANT MANAGER. ...APPELLANT (BY SRI. SEETHA RAMA RAO B.C. AND SRI. ANUP SEETHARAM RAO, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 AND : 1. MR. MOHAMMED IRFAN, AGED ABOUT 52 YEARS, S/O MR.SHAKE IMAM R/AT NO.3944, CHANDGALU BADAVANE, 1ST CROSS, SHANKAR NAGARA, MANDYA DISTRICT - 571 401. 2. SRI.B.R.RAVI MAJOR IN AGE, S/O BASAVEGOWDA, R/AT 'DUMBI NILAYA', 3RD MAIN, 9TH CROSS, CARMEL MATHA ROAD, HEMAVATHI NAGARA, KRISHNA NAGARA, HASSAN CITY, HASSAN DISTRICT 573 201. (OWNER OF THE ESCORT CRANE NO.HR-38-C-2893) ...RESPONDENTS (BY SRI.SREENIVASAN M.Y., ADVOCATE FOR R-1; R-2 IS SD AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2019 PASSED IN MVC NO. 337/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA. - 4 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 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 appeals are directed against the judgment and award passed in MVC No.337/2017 dated 01.08.2019 by the II Additional Senior Civil Judge and MACT, Mandya (hereinafter referred to as 'the Tribunal') whereby the Tribunal partly allowed the claim petition filed by the claimant and awarded global compensation of Rs.1,40,000/- with 6% interest. 2. The factual matrix of the case is that, on 07.06.2016 at about 6.30 p.m., the claimant, who is the appellant in MFA No.2426/2020, was sitting on his motorcycle bearing Reg.No.KA-11-U-4907 on the left side of the Bengaluru–Mysuru Road near the old MVG Bakery. At that time, an Escort Crane bearing Reg.No.HR-38-C- 2893, driven in a rash and negligent manner, came from - 5 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 behind and dashed against the rear portion of the claimant's motorcycle. As a result, the claimant sustained injuries and was admitted to the hospital, where he underwent treatment. Thereafter, he filed a claim petition before the Tribunal. 3. Upon appreciation of the oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded compensation as stated supra. Aggrieved by the said judgment and award, the claimant preferred MFA No.2426/2020 seeking enhancement of compensation, while the Insurance Company filed MFA No.119/2020 challenging the findings on negligence as well as its liability to satisfy the award. 4. Heard the learned counsel for the Insurance Company so also the learned counsel for claimant in both the appeals. 5. Learned counsel for the Insurance Company, apart from urging several other contentions, primarily - 6 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 contended that the accident occurred on a National Highway where the claimant had parked his motorcycle. It is an admitted fact that the claimant was sitting on the motorcycle on the highway at the time of the accident. In such circumstances, it was contended that the claimant had also contributed to the occurrence of the accident. According to the learned counsel, the Tribunal ought to have attributed contributory negligence to the claimant, who was the rider of the motorcycle. It was further contended that the Tribunal erred in fastening the liability on the Insurance Company despite the fact that the driver of the offending vehicle did not possess a valid driving licence at the time of the accident. On these grounds, he prays to allow the appeal. 6. Per contra, learned counsel for the claimants in MFA No.119/2020 contended that the Tribunal on meticulous appreciation of evidence on record has rightly passed the impugned award which does not call for interference. According to him, the F.I.R. was registered - 7 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 and the charge sheet was filed against the driver of the Escort Crane, and the same was not challenged by the Insurance Company. Nevertheless, the Insurance Company failed to examine the driver of the offending vehicle to substantiate its plea that the accident occurred due to the negligence of the claimant, who was riding the motorcycle. However, learned counsel fairly submitted that, in view of not having valid driving licence by the driver of the offending vehicle at the time of the accident, this Court may pass an order directing the Insurance Company to pay the compensation and recover the same from the owner of the offending vehicle. He further contended that the Tribunal has awarded meager compensation without properly appreciating the evidence on record. Accordingly, he prays to allow the appeal in MFA No.2426/2020 and dismiss the appeal in MFA No.119/2020. - 8 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 7. I have given my anxious consideration both on the submission made by the learned counsel for both parties in both the appeals. 8. As could be gathered from records, the accident in question and the coverage of insurance policy for the offending vehicle are not in dispute. The contention urged by the learned counsel for the Insurance Company is that the accident occurred due to the equal negligence of the claimant, as he had parked his motorcycle on the National Highway. I have carefully examined the F.I.R, the complaint, the spot sketch, and the charge sheet. Admittedly, the F.I.R. was registered against the driver of the offending vehicle, and after investigation, the charge sheet was also laid against him. Ex.P.3, the spot mahazar, depicts that the accident occurred on the extreme left side of the one-way National Highway. It is also evident from the material on record that the offending vehicle dashed against the rear portion of the claimant's motorcycle. In - 9 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 such circumstances, it could be presumed that the driver of the offending vehicle has to take sufficient care. The motorcycle was quite visible to the driver of the offending vehicle, and if he driven the vehicle with due care and caution, he could have avoided the accident. The spot sketch further indicates that sufficient space was available on the road for the offending vehicle to pass safely. Under such circumstances, I am of the considered opinion that the contention of the learned counsel for the Insurance Company that the claimant was guilty of contributory negligence cannot be accepted. Insofar as the contention of the learned counsel for the Insurance Company that the driver of the offending vehicle had a valid driving licence is concerned, the same is not seriously disputed by the learned counsel for the claimant. The driver of the offending vehicle also failed to produce any material to establish that the driver possessed a valid and effective driving licence as on the date of the accident. In such circumstances, in view of the law laid down by the Hon'ble - 10 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 Apex Court in the case of PAPPU AND OTHERS VS VINODKUMAR LAMBA, reported in (2018) 3 SCC 208 order of pay and recovery is required to be passed. Since the claimant has failed to examine the Doctor and also there is no disability caused due to the accident, the Tribunal globally awarded compensation of Rs.1,40,000/-. I have carefully examined the medical bills, the wound certificate at Ex.P.5, and the other documents available on record. Upon overall appreciation of the evidence, I am of the considered view that the compensation awarded by the Tribunal is on the lower side and requires enhancement. Accordingly, an additional global compensation of Rs.60,000/- is awarded. However, the claimant shall not be entitled to interest on the enhanced compensation of Rs.60,000/-. 9. Accordingly, appeal filed by the claimant in MFA No.2426/2020 is allowed in-part and the appeal filed by the Insurance Company in MFA No.119/2020 is dismissed. - 11 - HC-KAR NC: 2026:KHC:35650 MFA No. 2426 of 2020 C/W MFA No. 119 of 2020 The Insurance Company shall make good the compensation and is at liberty to recover the same from the owner of the offending vehicle. Amount if any deposited by the Insurance Company shall be transmitted to the Tribunal. Interest granted by the Tribunal for Rs.1,40,000/- is unaltered. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 2