- 1 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4719 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4720 OF 2017 (MV-I) IN MFA No. 4719/2017: BETWEEN: SADANANDA PRABHU S/O ANANTHA PRABHU AGED ABOUT 57 YEARS, R/AT ANAGARABETTU HOUSE, MUDARU VILLAGE, BAJAJOGLI POST, KARKALA TALUK UDUPI DISTRICT-576 225. …APPELLANT (BY SRI. ASHWATH C M., ADVOCATE) AND: 1. THE MANAGING DIRECTOR HANUMAN TRANSPORT CORP. PVT. LTD., NO.76, BADAGUBETTA , UDUPI UDUPI DISTRICT-576 101. 2. LOKA NAIKA S/O DEVAIAH NAIKA, AGED ABOUT 36 YEARS, DRIVER OF HANUMAN TRANSPORT CORP. PVT. LTD., MAISAVALLI VILLAGE, BENNAVALLI POST, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 SHIMOGA DISTRICT-577 211. 3. THE BRANCH MANAGER, M/S ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, VISHNU PRAKASH II FLOOR, COURT ROAD UDUPI-576 101. …RESPONDENTS (BY SRI. ASHOK N. NAYAK., ADVOCATE FOR R3, R1 AND R2-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.01.2017 PASSED IN MVC NO.89/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AND ADDITIONAL MACT-14, THIRTHAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4720/2017: BETWEEN: JAGADISH PRABHU S/O LATE DEVANANDA PRABHU AGED ABOUT 39 YEARS, R/AT KADARI, BAJAGOLI POST, KARKALA TALUK, UDUPI DISTRICT-576 225. ...APPELLANT (BY SRI. ASHWATH C M., ADVOCATE) AND: 1. THE MANAGING DIRECTOR HANUMAN TRANSPORT CORP. PVT. LTD., NO.76, BADAGUBETTA , UDUPI UDUPI DISTRICT-576 101. - 3 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 2. THE BRANCH MANAGER M/S ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, ‘VISHNU PRAKASH’ II FLOOR, COURT ROAD UDUPI-576 101. 3. LOKA NAIKA S/O DEVAIAH NAIKA AGED ABOUT 36 YEARS, DRIVER OF HANUMAN TRANSPORT CORP. PVT. LTD., MAISAVALLI VILLAGE, BENNAVALLI POST SHIMOGA DISTRICT-577 211. ...RESPONDENTS (BY SRI. ASHOK N. NAYAK., ADVOCATE FOR R2, R1-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 18.01.2017 PASSED IN MVC NO.91/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., ADDITIONAL MACT-14, THIRTHAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 ORAL JUDGMENT Heard the arguments of both sides. 2. The Court of the Senior Civil Judge and JMFC and Additional MACT-14, Thirthahalli passed a common award in MVC No. 91 of 2013 and MVC No. 89 of 2013 dated 18.01.2017. 3. Facts of the case are that, on 07.04.2007, rider and pillion rider of the motor bike bearing registration No.KA/20-R- 5092 were proceeding towards Thirthahalli from Karkala. At that time, a Mini Bus bearing registration No.KA/20-AR-3598 came from Thirthahalli side in a rash and negligent manner and dashed to the motor bike. Both rider and pillion rider of the motor bike sustained grievous injuries. Hence, they filed two applications claiming compensation. 4. The pillion rider of the motor bike filed MVC No.91 of 2013 claiming compensation of Rs.5,00,000/-. The Tribunal considered the entire evidence on record and granted Rs.1,08,000/- with interest at the rate of 6% per annum from - 5 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 date of petition till deposit. The rider of the motor bike also filed MVC No.89 of 2013 claiming compensation of Rs.5,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.34,200/- with interest at the rate of 6% from the date of petition till deposit. 5. Aggrieved by the said order, MFA No.4719 of 2017 is filed against the award of the Tribunal in MVC No.89 of 2013. It is stated that the Tribunal has granted inadequate compensation and the amounts granted by the Tribunal under the other heads are meagre. The petitioner was admitted as an inpatient for 5 days and advised bed rest for 3 months. The Tribunal has taken his income as Rs.3,000/- per month, though he was earning Rs.10,000/- per month in the year 2007. 6. Petitioner in this case has stated that he was doing business and earning Rs.10,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2007, this Court finds that it is just and reasonable to take his notional income as Rs.4,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. - 6 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 7. The petitioner sustained the following injuries as per Exhibit P5 wound certificate, out of which, the third injury is grievous in nature. ‘Abrasion over left ankle and contusion and injury at the frontal part of the brain.’ 8. The petitioner was admitted as an inpatient for 5 days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds that it is just and reasonable to grant an amount of Rs.30,000/- for pain and suffering, Rs.15,000/- for loss of amenities, Rs.15,000/- for transportation and extra nourishment. He spent Rs.11,200/- for medical expenses and tribunal granted said amount for medical expenses and this Court confirmed the same. Petitioner might not have attended any other work at least for a period of two months and therefore, he is entitled for Rs.8,000/- under the head loss of income during laid-up period. Thus, in all, the claimant is entitled for the compensation of Rs.79,200/- with interest at 6% per annum as against Rs.34,200/- awarded by the Tribunal. - 7 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Medical expenses 11,200/- 2. Pain and Suffering 30,000/- 3. Loss of amenities 15,000/- 4. Transportation and extra nourishment 15,000/- 5. Loss of earning during the laid up period 8,000/- Total 79,200/- 10. MFA No.4720 of 2017 is filed against the award of the Tribunal in MVC 91 of 2013. In this appeal, it is stated that the Tribunal granted meagre amounts under the other heads. He was admitted as an inpatient for 15 days. He incurred Rs.44,772/- towards medical expenses and he was advised the bed rest. The Tribunal has taken his income as Rs.3,000/- per month and the disability assessed is 7% permanent disability. - 8 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 He was aged 29 years and working as a driver. Therefore, requested for enhancement of the compensation. 11. It is stated that petitioner was aged 29 years working as a driver and he filed salary certificate under Exhibit P8 in which his salary is shown as Rs.6,000/- per month. But he has not examined the employer to prove the same. Therefore, as he met with an accident in the year 2007, this Court finds that it just and reasonable to take his notional income as Rs.4,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. The petitioner filed Exhibit P5 wound certificate and disability certificate under Exhibit P7 and also treatment certificate under Exhibit P6. He also examined doctor as CW1, who is an Associate Professor of Orthopaedics and he stated that petitioner sustained left proximal tibia fracture, which is grievous in nature. It is stated that it was difficult for petitioner for working, carrying weight, squatting and as such, the doctor assessed the disability as 7% to the left lower limb. It was suggested to the doctor in the cross-examination that fractures are united, but, he denied it. - 9 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 12. Considering the medical evidence on record, this court finds it reasonable to take one third of 7% disability, i.e. 2.3% disability, but this Court finds it is just and reasonable to take 3% for the purpose of calculation, as he was aged 29 years at the time of accident, the relevant multiplier is 17. The loss of future earning capacity comes to Rs.20,400/- (4,000 x12 x 17 x3%). Petitioner was admitted in the hospital for 15 days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds that it is just and reasonable to grant an amount of Rs.30,000/- for pain and suffering, Rs.15,000/- for loss of amenities, Rs.15,000/- for transportation and extra nourishment. The petitioner might not have attended any other work at least for 3 months. Therefore, Rs.12,000/- is granted under the head loss of income during laid up period. The Tribunal granted Rs.44,772/- towards medical expenses and the said amount is confirmed. Thus in all the claimant is entitled for the compensation of Rs.1,37,172/- with interest at 6% per annum as against Rs.1,08,000/- awarded by the Tribunal. - 10 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 13. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 24,480/- 2. Medical expenses 44,772/- 3. Pain and Suffering 30,000/- 4. Loss of amenities 15,000/- 5. Transportation, extra nourishment and attendant charges 15,000/- 6. Loss of earning during the laid up period 12,000/- Total 1,41,252/- 14. The manner of accident shows that, on 07.04.2007, petitioner in MVC No.89 of 2013 was riding the motor bike No.KA/20-R- 5092 along with the pillion rider, i.e. petitioner in MVC No.91 of 2013 on the left side of the road. At that time, a mini bus bearing registration No. KA/20-AR-3598 came from Tirthahalli side in a rash and negligent manner and dashed him. PW1 in the cross-examination stated that a bus driver gave complaint immediately after the accident. Though he took the bike to the tar road, the right side of the bus dashed him. Both the petitioners filed a private complaint against the driver of - 11 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 the bus alleging the negligence on the part of the bus driver. But, B report was filed in the private complaint in CC No.323 of 2007 and as the bike driver pleaded guilty, he was acquitted. The Tribunal relied upon the IMV report and stated that left side headlight of the bus damaged and left side of the bike is also damaged. The nature of damages shows that bike rider has come to the wrong side of the road and the bus was on its right side. As such, the rider of the bike was also negligent and accordingly, the Tribunal fixed the contributory negligence of the bike rider and the driver of the bus as 50% on each of them. This Court finds no reason to interfere with the contributory negligence fixed by the Tribunal. 15. It is contended that the rider of the motorcycle is not party to the proceedings. The complaint is filed against the Managing Director of the bus and insurance company of the bus. Therefore, as per the citation reported in 2015 (9) SCC 273 in case of Khenyei Vs. New India Assurance Co. Ltd., any one of the joint tort feasor can deposit the amount. Respondent No.2-insurance company is directed to deposit the - 12 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 compensation awarded by the Tribunal and the insurance company is at liberty to recover 50% of the compensation from the owner of the motor bike bearing No.KA/20-R- 5092 by due process of law. 16. I n the result, the following order is passed: (i) Both the appeals are allowed. (ii) The claimant in MFA No.4719 of 2017 is entitled for compensation of Rs.79,200/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The claimant in MFA No.4720 of 2017 is entitled for compensation of Rs.1,37,172/- with interest at 6% per annum from the date of petition till the date of realization. (iv) The respondent-insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount with interest at 6% per annum within one month from the date of this order. (v) On such deposit, the claimants are permitted to withdraw the entire amount along with the interest accrued on it. - 13 - HC-KAR CNR: KAHC010496502017 NC: 2026:KHC:42623 MFA No. 4719 of 2017 C/W MFA No. 4720 of 2017 (iv) The respondent-insurance company is at liberty to recover 50% of the compensation from the owner of the motor bike bearing No.KA/20-R- 5092 by due process of law. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 23