- 1 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2852 OF 2022(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.4146 OF 2021(MV-I) IN MFA No. 2852/2022 BETWEEN: SURESHA AGED ABOUT 39 YEARS, COOLIE, S/O HANUMAJJA @ HANUMANTHAPPA, R/O HALASINAMARADAHALLI VILLAGE, KADUR TALUK-577 648 CHIKKAMAGALURU DISTRICT. …APPELLANT (BY SRI. PRAKASHA H.C, ADVOCATE) AND: 1. SATHISH NAIK AGED 34 YEARS, APC 199, LAKKAVALLI POLICE STATION, S/O SHANKARANAIK, LAKKAVALLI, TARIKERE TALUK-577128 2. SUPERINTENDENT OF POLICE S.P OFFICE, CHIKKAMAGALURU-577101 OWNER OF THE POLICE JEEP Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 3. KARNATAKA GOVERNMENT INS. DEPARTMENT (KGID) MOTOR BRANCH, BENGALURU-560 001 INSURER OF THE POLICE JEEP …RESPONDENTS (BY SRI. V. SESHU, AGA FOR R3, VIDE ORDER DATED 13/03/2023, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2020 PASSED IN MVC NO.3/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4146/2021 BETWEEN: KARNATAKA GOVERNMENT INS DEPARTMENT (KGID) MOTOR BRANCH BENGALURU-560 001 INSURER OF THE POLICE JEEP BEARING REGN.NO KA18/G-789 UNDER POLICY NO 527644 VALID FROM 22-08-2015 TO 21-08-2016 ...APPELLANT (BY SRI. V SESHU, AGA) AND: 1. SURESHA AGED ABOUT 38 YEARS COLLIE, S/O HANUMAJJA @ HANUMANTHAKKA R/AT HALASINAMARADAHALLI VILLAGE KADUR TALUK, CHIKMAGALURU DISTRICT 2. SATHISH NAIK AGED ABOUT 33 YEARS - 3 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 APC 1999, LAKKAVALLI POLICE STATION S/O SHAKRANAIK, LAKKAVALLI TARIKERE TALUK 3. THE SUPERINTENDENT OF POLICE S.P OFFICE CHIKKAMAGALURU-577 101 ...RESPONDENTS (NOTICE TO R1 AND R3 ARE SERVED AND UNREPRESENTED, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2020 PASSED IN MVC NO.3/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALURU, THE AWARDING COMPENSATION OF RS.4,37,197/-WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT These two appeals are directed against the judgment and award dated 05.02.2020 passed in MVC No.3/2018 on the file of Senior Civil Judge and M.A.C.T., at Kadur, Chikkamagalur District (for short 'the Tribunal), whereby the Tribunal partly allowed the claim petition filed by the claimant and awarded total compensation of Rs.4,37,197/- with interest at the rate of 7% per annum to the claimant. - 4 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 2. The brief facts of the case are, on 10.05.2016 at about 07:15 p.m., when the claimant was proceeding in his TVS XL motorcycle bearing registration No.KA-18/K-7069 from Kadur towards Sakharayapattna on the left side of K.M. road, NH-173, at that time, the Police jeep bearing registration No.KA-18/G/0789 came from opposite direction in a rash and negligent manner and dashed the motorcycle of the claimant. As a result, the claimant fell down and sustained injuries on his both legs and other parts of the body. Immediately, he was shifted to Government Hospital, Kadur and provided first aid. Thereafter, he was shifted to Venlock Hospital, Mangaluru for higher treatment. Later, he filed claim petition before the Tribunal claiming compensation for the injuries he sustained in the accident. 3. The Tribunal, upon assessment of oral and documentary evidence, partly allowed the claim petition and awarded compensation as stated supra. The said award is challenged by the claimant in MFA No.2852/2022 and by the State in MFA No.4146/2021. - 5 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 4. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Medical expenses 48,597 2. Future loss of income 2,70,000 3. Loss of income during laid up period 38,600 4. Conveyance charges 20,000 5. Pain and suffering 50,000 6. Food, nourishment and attendant charges Sub-Total 4,47,197 Less: 10,000/- for not holding DL by the petitioner 10,000 Total 4,37,197 5. Apart from urging several contentions, learned AGA appearing for the State contended that the Tribunal has grossly erred while saddling the entire negligence on the driver of the offending jeep. By placing reliance on Ex.P3-spot mahazar and sketch, he contended that the claimant came from opposite in a wrong direction in National Highway and dashed against the offending jeep and the accident was caused on the extreme left side of the road. In such circumstances, the Tribunal ought to have fixed some negligence on the rider of - 6 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 motorcycle/claimant. He also contended that the Tribunal, with the testimony of PW.2-Doctor, has wrongly assessed the disability at 25% solely placing reliance on Ex.P6-Disability Certificate. He further contended that the Tribunal has awarded exorbitant compensation under all heads and has also erred in awarding 7% interest on the compensation amount to the claimant. Accordingly, he prays to allow the appeal filed by the State and to dismiss the appeal by the claimant. 6. Per contra, learned counsel for the claimant contended that the Tribunal has rightly appreciated the evidence on record and saddled the entire negligence on the driver of the offending jeep. He contended that the offending jeep belongs to Police Department, as such, on the behest of the Police, Ex.P3-sketch was prepared by the jurisdictional Police by showing the wrong place of accident. By placing reliance on evidence of RW.1-driver of jeep, he contended that RW.1 categorically admitted in his cross-examination that the accident was caused 6-7 feet towards the eastern side of the road. He also further contented that the motorcycle was rode by the claimant on the extreme left side of the road. As such, - 7 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 reliance cannot be placed on Ex.P3-spot mahazar and sketch. He also contended that, though charge sheet has been filed against the claimant, in the criminal case, he has been acquitted. Further, he also contended that the Tribunal is justified in taking the income of the claimant so also the disability and the Tribunal is not justified in awarding meager compensation under all the heads. Accordingly, he prays to allow the appeal filed by the claimant by dismissing the appeal filed by the State. 7. I have given my anxious consideration to the submission made by learned counsel for the respective parties and perused the impugned judgment and award so also the other documents made available before this Court. 8. In the instant case, the occurrence of accident and the injuries sustained by the claimant in the said accident are not in dispute. Though it is contented by the learned Additional Government Advocate that the accident was caused solely due to the negligence of the claimant, on perusal of evidence of RW.1-driver of the jeep, there is a clear admission in his evidence that the accident was caused 6-7 feet on the eastern - 8 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 side of the road. However, at the time of accident, the claimant was riding the motorcycle on the extreme left side of the road. Further, in the sketch, it is shown that the accident was caused on the left side of the road. It is submitted by the learned counsel for the claimant that in the criminal case registered against the claimant, he was acquitted by the Tribunal. Further, on perusal of Ex.P3, it could be presumed that there is no occasion that the rider of the motorcycle to ride the same on the extreme right side of the road, as shown in the sketch. In such circumstances, I am of the considered view that the Tribunal is justified in holding that the accident was caused on the negligence of the driver of the offending jeep. 9. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 25% to the whole body. I have perused the evidence of PW.2-Doctor and disability certificate. The same depict that the claimant has sustained disability to the extent of 75% non progressive. Having regard to the injuries sustained by the claimant and on perusal of the evidence of PW.2-Doctor, Ex.P6-Disability certificate and - 9 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 medical records, I am of the considered view that the disability of the claimant assessed by the Tribunal at 25% is just and proper. 10. The Tribunal has determined the monthly income of the claimant at Rs.6,000/-. 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 2016, would be Rs.9,500/-. 11. As the claimant was aged 40 years and the disability is assessed at 25%, a multiplier of '15' would have to be applied and further 30% requires to be added towards future prospects. Consequently, the claimant would be entitled to a sum of Rs.5,55,750/- (Rs.9,500 + 30% x 12 x 15 x 25%) towards 'loss of future income'. 12. In view of the nature of the injuries suffered and length of stay in the hospital by the claimant, it would be appropriate to take the laid up period as seven months. Thus, - 10 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 the amount of Rs.38,600/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.66,500/- (9,500 X 7 months) and Rs.2,00,000/- towards 'conveyance charges and food, nourishment and attendant charges', as against the sum of Rs.20,000/- awarded by the Tribunal. 13. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.50,000/- towards ‘loss of amenities’. 14. The sum awarded as ‘medical expenses’ at Rs.48,597/-, being based on documentary evidence, do not call for modification and hence confirmed. 15. The Tribunal has also erred in awarding 7% interest for the compensation instead of 6%. In view of the judgment of the Division Bench of this Court in MFA No.5896/2018 dated 24.08.2020, the interest awarded by the Tribunal is modified and the claimant is entitled for the interest at the rate of 6% per annum instead of 7%. - 11 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 16. 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. Medical expenses 48,597 48,597 2. Future loss of income 2,70,000 5,55,750 3. Loss of income during laid up period 38,600 66,500 4. Conveyance charges, food, nourishment and attendant charges 40,000 2,00,000 5. Pain and suffering 50,000 1,00,000 6. Loss of amenities - 50,000 Sub-Total 4,47,197 10,20,847 Less: 10,000/- for not holding DL by the petitioner 10,000 10,000 Total 4,37,197 10,10,847 17. Thus, the claimant is held entitled to the total compensation of Rs.10,10,847/- as against Rs.4,37,197/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. - 12 - HC-KAR CNR: KAHC010146192022 NC: 2026:KHC:40469 MFA No. 2852 of 2022 C/W MFA No. 4146 of 2021 18. 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. The appeals are accordingly disposed of. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The amount in deposit, if any, shall be transmitted to the Tribunal for disbursement in terms of the award. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 10