- 1 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 834 OF 2015(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.2446 OF 2015(MV-I) IN MFA No. 834/2015: BETWEEN: SRI SHIVAPRASAD @ PRASAD S/O THIMMAIAH, AGED ABOUT 28 YEARS, R/AT VASANTH NAGAR, UDUVALLI (P), HIRIYURU TALUK, PRESENT ADDRESS: PRASHANTH NAGAR, OMKARAPPA, NEAR DHANAMATNAHALLI GATE, KOLAR TALUK, KOLAR. …APPELLANT [BY SRI JAGADEESH H T., ADVOCATE (PH)] AND: 1. M/S PRASHANTH CRUSHERS PVT LTD., NO.56, MADIHALA (V) & (P), VEMAGAL HOBLI, S/O C.K. MADAIAH, KOLAR TALUK, KOLAR DISTRICT. GRD List No.: 1 Sl No.: 16 Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 2. I.C.I.C.I. LOMBARD GENERAL INSURANCE CO. LTD., ORIENTAL INSURANCE CO.LTD., NO.89, SVR COMPLEX, II CROSS, HOSUR MAIN ROAD, MADIWALA, BANGALORE - 560 068. 3. I C I C I LOMBARD GENERAL INSURANCE CO. LTD., ZENITH HOUSE, KESHAVARAO, KHADYA MARG, OPP: RACE COURSE, MAHALAKSHMI, MUMBAI - 400 034, (POLICY VALID FROM 30.04.2011 TO 29.04.2012) …RESPONDENTS [BY SRI LAKSHMI NARASAPPA, ADVOCATE FOR SRI A.M.VENKATESH, ADVOCATE FOR R2 & R3 (PH); V/O DTD 24.02.2015 NOTICE TO R1 IS DISPENSED WITH] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.12.2014 PASSED IN MVC NO.173/2013 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2446/2015: BETWEEN: M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LIMTED, NO.89, 2ND FLOOR, S.V.R. COMPLEX, - 3 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 HOSUR MAIN ROAD, MADIVALA, BENGALURU - 560 068. REP BY ITS MANAGER - LEGAL. ...APPELLANT [BY SRI K.S.LAKSHMI NARASAPPA, ADVOCATE FOR SRI A M VENKATESH, ADVOCATE (PH)] AND: 1. SRI SHIVAPRASAD @ PRASAD S/O THIMMAIAH, AGED ABOUT 28 YEARS, R/AT VASANTHNAGAR, UDUVALLI (P) HIRIYUR TALUK, CHITRADURGA DISTRICT- 573 114. PRESENT ADDRESS: PRASHANTH CRUSHER, NEAR DHANAMATNAHALLI GATE, KOLAR TALUK, KOLAR - 563 101. 2. M/S PRASHANTH CRUSHERS PVT LTD., NO.56, MADIHALA (V) & (P) VEMAGAL (HOBLI), KOLAR TALUK KOLAR DISTRICT - 563 101. ...RESPONDENTS (BY SRI H T JAGADEESH, ADVOCATE FOR R1; NOTICE TO R2 - SERVED & UNREPRESENTED] THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.12.2014 PASSED IN MVC NO.173/2013 ON THE FILE OF THE 9TH ADDITIONAL SMALL CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, - 4 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 MEMBER, MACT-7, BANGALORE, AWARDING A COMPENSATION OF RS.5,76,360/- WITH INTEREST @ 6% P.A (EXCLUDING FUTURE MEDICAL EXPENSES OF RUPEES.20,000/-) FROM THE DATE OF THE PETITION TILL THE DATE OF PAYMENT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 02.12.2014 passed by IX Addl. Small Causes & Addl. MACT, Bengaluru (SCCH-7) ('Tribunal') in MVC no.173/2013, these appeals are filed. MFA no.2446/2015 is by insurer challenging award on ground of hoisting false claim against insurer, while MFA no.834/2015 is by claimant for enhancement of compensation. 2. Brief facts leading to these appeals as stated are that a claim petition was filed under Section 166 of Motor Vehicles Act, 1988 ('MV Act') stating that at 7:30 pm on 07.12.2011, when driver of Tipper Lorry no.KA-07/9382 reversed it suddenly without signal, it dashed against - 5 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 Shivaprasad @ Prasad working as Supervisor in Prashanth Crushers Pvt. Ltd., causing grievous injuries. Despite treatment at RL Jalappa Hospital, Kolar, NIMHANS and Mahaveer Jain Hospitals at Bengaluru, he did not recover fully and sustained loss of earning capacity and as such entitled for compensation from insurer of Lorry. 3. On appearance, respondent no.1 - owner did not file objections. Only insurer filed objections denying occurrence of accident involving insured vehicle, disputing age occupation, disability sustained and loss of earning capacity of claimant and also alleging violation of terms and conditions of policy. 4. Based on pleadings, tribunal framed following: ISSUES: 1. Whether this Tribunal has no territorial jurisdiction to try this petition? 2. Whether the petitioner proves that the accident occurred due to rash and negligent driving of the Tipper Lorry bearing Reg.no.KA-07- 9382 by its driver and in the said accident, the petitioner sustained injuries? 3. Whether the petitioner is entitled for compensation? If so, how much and from whom? - 6 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 4. What order or award? 5. To establish contentions, claimant examined himself, Dr.Aniruddh and another as PWs.1 to 3 and got marked Exs.P1 to P20. Insurer examined its official as RW.1 and got marked Exs.R1 to R3. 6. On consideration, tribunal answered issue no.1 in negative, issue no.2 in affirmative and issues no.3 and 4 by assessing compensation of Rs.5,76,360/- with interest at 6% p.a. and holding respondent no.2 - insurer liable to pay same. Aggrieved thereby these appeals are filed. 7. Sri KS Lakshmi Narasappa, learned counsel appearing for Sri AM Venkatesh, advocate for insurer submitted that impugned award warranted interference on ground of false involvement of insured vehicle for purposes of claim. It was submitted, even as per claimant accident occurred on 05.12.2011 but Ex.P2 - Complaint was filed only on 21.12.2011 after 16 days. Further, in history of injuries column in Ex.P6 - Wound Certificate, injuries were stated to be caused due to - 7 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 'fall in bathroom'. Even Ex.R3 - MLC Register Extract of RL Jalappa Hospital, Kolar, reflected same. It was submitted, false involvement of insured vehicle was specifically pleaded and official of insurer examined who reiterate same in his deposition. Hence, Tribunal erred in holding liable and prayed for allowing appeal. 8. On other hand, Sri HT Jagadeesh, learned counsel for claimant/appellant in MFA no.834/2015, opposed insurer’s appeal. It was submitted, due to claimant suffering head injury and being under treatment, there was some delay in filing complaint. But same would not be fatal since hospital had forwarded MLC intimation to Police. It was submitted that entry about injuries caused due to fall in bathroom was due to error and immediately after realizing same, hospital had issued Ex.P16 intimation to Police to said effect. Hence, no error was committed by tribunal. On said ground sought for dismissal of insurer’s appeal. - 8 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 9. In support of appeal for enhancement of compensation, it was submitted claimant sustained grievous head injury in accident resulting in loss of earning capacity. To substantiate same, claimant not only examined himself but also Dr.Aniruddh, who had treated him as PWs.1 and 2. Referring to certificate issued by him at Ex.P11, PW.2 stated that claimant sustained disability of 85%. Without justification or proper reasoning, loss of earning capacity was scaled down to 25% by Tribunal, which was erroneous. It was further submitted, as per Ex.P10 – Salary Certificate, claimant’s monthly income was Rs.12,000/-, therefore Tribunal erred in taking it at Rs.9,000/- and sought enhancement. It was submitted, compensation awarded towards pain and suffering, loss of amenities and loss of income during laid up period were inadequate and sought enhancement. 10. Heard learned counsel, perused impugned award and record. - 9 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 11. Points that arise for consideration are: i. Whether Tribunal erred in holding insurer liable to pay compensation? ii. Whether claimant is entitled for enhancement of compensation as prayed? Point no.(i): 12. Hon'ble Supreme Court in case of NWKRTC v. Gourabai, reported in (2009) 15 SCC 165 has held doctors would not mention something incorrect in hospital records. As rightly pointed out, Exs.P6, P16 and R3 mention history of injuries as due to fall in bathroom. Though, claimant seeks to rely on Ex.P16 to contend that there was subsequent intimation sent to Police by RL Jalappa Hospital stating that there was possibility of history of injuries stated being fake and injuries were likely to be due to RTA, same is dated 03.02.2012 and without stating basis for same. But, claimants did not examine person who sent such intimation. That apart claimants did not plead said explanation. Hence, Tribunal erred in accepting Ex.P16, consequently, there would be erosion of basis for - 10 - HC-KAR CNR: KAHC010153492015 NC: 2026:KHC:48302 MFA No. 834 of 2015 C/W MFA No. 2446 of 2015 fastening liability on insurer. Point no.(i) is answered in affirmative. Point no.(ii): 13. In view of findings on point no.(i), point no.(ii) is rendered academic and answered as such. 14. Consequently, following: ORDER i. MFA no.834/2015 filed by claimant is dismissed. ii. MFA no.2446/2015 filed by insurer is allowed. iii. Amount in deposit ordered to be refunded to appellant - insurer electronically. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 16