- 1 - HC-KAR CNR: KAHC010387132020 NC: 2026:KHC:40265 MFA No. 5937 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5937 OF 2021 (MV-I) BETWEEN: MOHINUDDIN (MOINNUDDIN), S/O LATE ABDUL BASHEER, AGED ABOUT 53 YEARS, NOW AGED ABOUT 53 YEARS R/A IMADADIYA MOHALLA, FORT, KUNIGAL TOWN, TUMKUR DISTRICT. …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. KHADAR SHARIFF P., S/O SYED DASTAGIR, MAJOR, R/A IMADADIYA MOHALLA, FORT, KUNIGAL TOWN, TUMKUR DISTRICT-572130. 2. THE MANAGER, UNITED INDIA INSURANCE CO., LTD., MICRO OFFICE, NO.823-763, OPP. MUNICIPAL OFIFCE, NEAR CANARA BANK, B.M.ROAD, KUNIGAL-572130. …RESPONDENTS (BY SRI. MANJUNATHA A.C., ADVOCATE; SMT.HARINI SHIVANAND, ADVOCATE FOR R-2) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010387132020 NC: 2026:KHC:40265 MFA No. 5937 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.07.2019 PASSED IN MVC NO.7633/2017 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER, MACT, BENGALURU (SCCH-5). THIS APPEAL, COMING ON FOR FINAL HEARING, 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.1,77,000/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded total compensation of Rs.1,77,000/- under pecuniary and non pecuniary heads with interest at 9% per annum. 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it - 3 - HC-KAR CNR: KAHC010387132020 NC: 2026:KHC:40265 MFA No. 5937 of 2021 appropriate that instead of enhancing the sum under each heads, it would be just and appropriate to award additional compensation of Rs.75,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.1,77,000/-. Thus, the claimant is held entitled to the total compensation of Rs.2,52,000/- as against Rs.1,77,000/-. However, no interest is awarded in respect of global compensation of Rs.75,000/-. 5. The Tribunal saddled entire liability on the owner of the offending Auto-rickshaw bearing Reg.No.KA-06-B-1202. The offending Auto-rickshaw, is a passenger vehicle, since the passengers are covered under the Act policy, the Tribunal erred while exonerating the Insurance Company from the liability. The Co-ordinate Bench of this Court in MFA No.3015/2020, clarified the said position of law. The relevant paragraph of the said judgment reads as under: "Re-liability: The offending vehicle is an Auto-rickshaw bearing Registration No.KA-42-A-2614 and it is a transport vehicle. Since the passengers are covered under the act policy, the Tribunal has erred in exonerating the Insurance Company from the - 4 - HC-KAR CNR: KAHC010387132020 NC: 2026:KHC:40265 MFA No. 5937 of 2021 liability. Since the offending vehicle is covered with valid insurance policy, the Insurance Company has to pay the compensation. Therefore, the Insurance Company is liable to pay the compensation." 6. Placing reliance on the above finding of the Co- ordinate Bench and also it is not in dispute that the passengers are covered under the policy, I am of the considered view that the Insurance Company is liable to pay the compensation. Accordingly, the order of the Tribunal is modified. 7. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 8. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 10