- 1 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8460 OF 2017 (MV-) C/W MISCELLANEOUS FIRST APPEAL NO. 6969 OF 2017 (MV-I) IN MFA No. 8460/2017: BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED KRISHNA PRASAD BUILDING, MAIN ROAD, PUTTUR TALUK. ALSO AT THE ORIENTAL INSURANCE COMPANY LIMITED TP HUB, REGIONAL OFFICE, LEO SHOPPING COMPLEX, NO 44/46, RESIDENCY ROAD CROSS BENGALURU-560 025 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI. ASHOK N PATIL., ADVOCATE) AND: 1. MR ABOOBAKKAR G K AGED ABOUT 46 YEARS, S/O LATE HASSAN BEARY, R/AT KALANJA HOUSE, KALANJA VILLAGE AND POST SULLIA TALUK D K-574 239. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 2. MR MALATHI K S/O LATE K GOPALA KRISHNA BHAT, OFFICE AT SHIVASHANKAR MOTOR SERVICE PALACE ROAD, VITTALA KASABA VILLAGE BANTWAL TALUK D K-574 243. …RESPONDENTS (BY SRI. G RAVISHANKAR., ADVOCATE FOR R1, SRI. SHASHIKANTHA PRASAD, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 29.06.2017 PASSED IN MVC NO.240/2014 ON THE FILE OF THE MACT AND I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU,D.K, AWARDING COMPENSATION OF RS.2,08,500/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 6969/2017: BETWEEN: MR ABOOBAKKAR G K S/O LATE HASSAN BEARY, AGED ABOUT 47 YEARS, R/AT KALANJA HOUSE, KALANJA VILLAGE & POST, SULLIA TALUK, D.K.DISTRICT-574 230 ...APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MRS MALATHI K S/O LATE K GOPALA KRISHNA BHAT, MAJOR, - 3 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 OFFICE AT SHIVASHANKAR MOTOR SERVICE PALACE ROAD, VITTAL KASAB VILLAGE, BANTWAL TALUK, D.K.DISTRICT-574 219. 2. THE ORIENTAL INSURANCE CO. LTD., KRISHNA PRASAD BUILDING MAIN ROAD, PUTTUR TALUK, D.K.DISTRICT- PIN-574 201 REPRESENTED BY ITS BRANCH MANAGER ...RESPONDENTS (BY SRI. ASHOK N PATIL., ADVOCATE FOR R2, R1 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2017 PASSED IN MVC NO. 240/2014 ON THE FILE OF THE MACT AND I ADDL. SENIOR CIVIL JUDGE, MANGALURU., D.K. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS HAVING BEEN HEARD AND RESERVED ON 12.08.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 CAV JUDGMENT The III Additional Senior Civil Judge and Member, MACT, Mangaluru, D.K., passed an award in MVC No.240 of 2014 on 29.06.2017. The injured claimant met with an accident on 12.12.2013 and filed claim petition claiming compensation of Rs.4,00,000/- with interest. The Tribunal considering the entire evidence on record granted an amount of Rs.2,08,500/- with interest of the rate of 6% per annum from date of petition till realisation. 2. Aggrieved by the said order, the Insurance company has preferred MFA No.8460 of 2017 and contended that, on 12.12.2013 at about 08.30 p.m., the claimant was travelling along with others as a bus conductor in a bus bearing registration No.KA-19-B-7355. When the bus reached near Punacha Village of Bantwal Taluk, the driver driven it in a rash and negligent manner with high speed and dashed to the road side tree. As a result, the claimant sustained injuries. It is contended that the driver of the bus is having driving licence to drive LMV transport and PSV bus from 29.03.2000 to 02.08.2008. But, in the year 2008, his driving licence was - 5 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 suspended from 02.06.2008 to 01.08.2008 and the renewal of the driving licence was done on 30.06.2015 till valid up to 11.06.2018. Accident occurred on 12.12.2013. As on the date of accident, the driver was not having driving licence to drive the offending vehicle. But the Tribunal erred in fixing the liability on the insurance company on the ground that police have not filed any charge sheet against him under Section 3 r/w 181 of the IMV Act. The Tribunal erred in fixing the liability against the insurance company in view of violation of the terms and conditions of the policy. Therefore, requested this Court to set aside the order. 3. The petitioner-claimant also filed M.F.A. No.6969 of 2017 and mainly contained that he sustained grievous injuries and took treatment as an inpatient from 12.12.2013 to 18.12.2013 and he was inpatient for 7 days and took follow-up treatment. He attended hospital for 10 times by paying Rs.1,500/- per visit. But the tribunal granted only Rs.5,000/- under incidental expenses, which is on lower side. Petitioner was bus conductor and earning Rs.10,000/- per month and was aged 47 years. PW2 and PW3 doctors assessed the disability as - 6 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 16.5% to the left foot. But the tribunal has taken income of the petitioner as Rs.9,000/- and disability as 8% which is on lower side and the amounts granted under the other heads are also meagre. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. There is no dispute regarding the accident that occurred on 12.12.2013. Petitioner was a bus conductor. He met with an accident and sustained injuries while he was travelling in a bus bearing No.KA-19-B-7355 on the date of accident. Charge sheet is filed against the driver of the bus. Though petitioner has stated that he was earning Rs.10,000/- per month, he has not filed any document to prove his occupation or income. Tribunal already presumed that he was working as a conductor, and he has not filed any income proof. Therefore, this Court finds it reasonable to take his notional income as Rs.8,000/- per month as per the chart prepared by Karnataka State Legal Services Authority, as he met with an - 7 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 accident in the year 2013. But he continued his employment even after the accident. As such, he is not granted any amount under the head loss of future earning capacity. 6. The petitioner was admitted in the hospital as an inpatient for 7 days. He filed Exhibit P3 wound certificate, Exhibit P9 discharge summary and Exhibit P10 disability certificate and also examined doctor who is an Associate Professor of Surgery, who stated that petitioner sustained following injuries: “sustained multiple laceration both the feet with open fracture proximal phalanx left great toe. Treated as an inpatient from 12.12.2013 to 18.12.2013 by way of wound debridement, primary suturing and reduction of fracture with Pop. Clinical and radiological examination and X-ray left foot shows bony ankylosis of left great toe flexion and extension of left toe limited and painful 5 degree to 10 degree. Climbing staircase and swatting is painful and limited. Long standing is painful. Permanent disability of about 16.5%.” 7. The doctor assessed the permanent disability as 16.5% to the left limb. It is further stated that petitioner may find it difficult to do both manual and physical work. Therefore, - 8 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 considering the occupation of the petitioner, nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner has not filed any leave record to show that he could not attend the duties for a particular period due to the injuries sustained in the accident. Tribunal granted Rs.40,000/- towards medical expenses and the said amount is confirmed. The total compensation reduced to Rs.1,50,000/- as against Rs.2,08,500/- granted by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Medical expenses 40,000/- 2. Pain and Suffering 50,000/- 3. Loss of amenities 30,000/- 4. Transportation, extra nourishment and attendant charges 30,000/- Total 1,50,000/- - 9 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 9. The insurance company has mainly contended that the driver of the vehicle was not having valid driving licence at the time of the accident. It was suspended and later, he renewed it. It is not a case where there is no driving licence to the driver. Admittedly, he was the driver of the bus. But, his driving licence was suspended during that period. However, he was permitted to drive the vehicle even when his driving licence was under suspension. Therefore, the insurance company cannot be exonerated on that ground. Insurance company is directed to deposit Rs.1,50,000/- with interest at the rate of 6% within one month from the date of the order. 10. In the result, the following order is passed: (i) MFA No. 6969 of 2017 filed for enhancement is dismissed and MFA No.8460 of 2017 is allowed in part. (ii) The total compensation is reduced to Rs.1,50,000/- from Rs.2,08,500/- awarded by the Tribunal. (iii) The claimant is entitled for the total compensation of Rs.1,50,000/- with interest at 6% per annum from the date of petition till the date of realization. - 10 - HC-KAR CNR: KAHC010460142017 NC: 2026:KHC:46802 MFA No. 8460 of 2017 C/W MFA No. 6969 of 2017 (iv) Insurance company might have deposited 50% of amount and therefore, they are directed to pay the balance amount with interest at the rate of 6% within one month from the date of the order. (v) Amount in deposit is to be transferred to the Tribunal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 42