- 1 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4107 OF 2013 C/W MISCELLANEOUS FIRST APPEAL NO. 1256 OF 2013 IN MFA No. 4107/2013 BETWEEN: THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, SHARADA COMPLEX, 1ST FLOOR, OPP:KSRTC BUS STAND, CHITRADURGA REP: BY ITS REGIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, SUMANGALA COMPLEX 2ND FLOOR, LAMINGTON ROAD, HUBLI-580 020. …APPELLANT (BY SRI. SHANKARA REDDY C., ADVOCATE) AND: 1. SRI. HONNURSWAMY S/O RAMAMURTHY, AGED ABOUT 30 YEARS, R/AT AMAKUNDI, MOLAKALMUR TALUK, CHITRADURGA DISTRICT-577 535 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 2. H.C.THIPPESWAMY S/O CHOWDAPPA, AGED ABOUT 52 YEARS, R/AT HIREKEREHALLI, MOLAKALMAAURU TALUK, CHITRADURGA DISTRICT-577 535 …RESPONDENTS (BY SRI.GURUDATH, ADVOCATE FOR SMT.SPOORTHY HEGDE NAGARAJA, ADVOCATE FOR R1 R2- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.11.2012 PASSED IN MVC NO.439/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT-6, CHITRADURGA, AWARDING A COMPENSATION OF RS.5,81,300/-WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 1256/2013 BETWEEN: HONNURASWAMY S/O RAMAMURTHY AGE: 30 YEARS, R/O AMAKUNDI, MOLAKALMUR TALUK CHAITRADURGA DISTRICT, NOW R/O GOPALAPURA ROAD CHITRADURGA TOWN-577 501 ...APPELLANT (BY SRI. B.L.KUMAR, ADVOCATE) AND: 1. H.C.THIPPESWAMY S/O CHOWDAPPA AGE: 52 YEARS OWNER OF THE MOTOR CYCLE REG. KA-16/Q-7860 R/O HIREKEREHALLI, - 3 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 MOLAKALMURU TALUK CHITRADURGA DISTRICT-575 501 2. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO LTD BRANCH OFFICE, SHARADA COMPLEX, 1ST FLOOR, OPP: KSRTC BUS STAND, CHITRADURGA-577 501 ...RESPONDENTS (BY SRI. C.SHANKARA REDDY, ADVOCATE FOR R2 NOTICE TO R2 IS DISPENSED WITH V/O/D: 11/01/2026) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 07.11.2012 PASSED IN MVC NO.439/2011 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-6, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.439/2011 dated 07.11.2012 passed by the II Additional Senior Civil Judge and Addl. MACT-VI, Chitradurga, both the claimant as well as the insurance company are before this Court. 2. The claimant's appeal is MFA.No.1256/2013 filed seeking enhancement of the compensation. The insurance company's appeal is MFA.No.4107/2013 filed questioning the - 4 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 involvement of the vehicle and questioning the liability of the insurance company. 3. The claim petition is filed seeking compensation of an amount of Rs.18,00,000/- for the injuries sustained by the claimant in the road traffic accident that took place on 01.10.2010. It is the case of the claimant that on 01.10.2010 at about 03.30 p.m., when the petitioner and the 1strespondent were moving on a motorcycle from Kudligi towards their village, the 1st respondent being the rider of the vehicle drove the same in a rash and negligent manner with high speed and toppled down the motorcycle on the left side of the road. As a result, petitioner who is a pillion rider fell down and sustained severe injuries on his left leg. Immediately he was shifted to the VIMS Hospital, Bellary wherein he has obtained treatment as an inpatient from 01.10.2010 to 06.10.2010. On the advice of the doctors, he was referred for higher treatment to Bhagawan Mahaveer Jain Hospital, Bangalore wherein he has obtained treatment as an inpatient for 5 days. During the course of the treatment, his left leg was amputated above the knee. When the petitioner has given a complaint to the police and the same - 5 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 was not registered, he has filed a private complaint before the Magistrate. Basing on that, the crime was registered and police after conducting the investigation has filed the charge sheet. The Tribunal has held that the accident had taken place because of the rash and negligent driving of the driver of the offending vehicle. The Tribunal has awarded the compensation as per the table given below: Sl. No Heads Compensation Awarded by the Tribunal 1. Loss of future income due to disability Rs.4,08,000/- 2. Pain and suffering Rs.30,000/- 3. Towards uncomfortable, inconvenience, and loss of future amenities Rs.30,000/- 4. Towards future traveling and conveyance expenses Rs.10,000/ - 5. Towards Conveyance attendant charges and diet etc. Rs.05,000/- 6. Towards discomfort in marital life Rs.10,000/- 7. Towards medical expenses Rs.63,300/- 8. Towards purchasing artificial limb Rs.25,000/- TOTAL Rs.5,81,300/- 4. Learned counsel appearing for the Insurance Company submits that the complaint is given 6 months after the accident and no medical records are placed to substantiate their case, - 6 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 which creates any amount of doubt on the involvement of the vehicle and this aspect was not considered by the Tribunal. It is submitted that on all counts the compensation that is awarded by the Tribunal is on higher side, the same needs to be reduced. 5. Learned counsel appearing for the respondent/claimant submits that in all the medical records there is mention about the RTA. Though the medical records states that it is an RTA, just because they have not forwarded the same to the police that cannot be reason to disbelieve the case of the petitioner. It is submitted that the Tribunal has rightly held that the offending vehicle is involved in the accident and coming to the compensation he has relied on the Judgment passed by the Apex Court in the case of Mohd.Sabeer@Shabir Hussain Vs. Regional ManagerU.P. State Road Transport Corporation arising out of SLP (civil) No. 481-482/2019, at paragraph No.16 which read thus: “16. The Appellant herein has suffered permanent disability of 70% and has an amputated right lower limb amongst other injuries. The High Court has wrongly taken the view that the Appellant has only suffered 35% functional disability. The Appellant is not a salaried person but is self- - 7 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 employed who manages his business. For the Appellant to be able to augment his income, he is most definitely required to move around. The Appellant can also not drive on his own, which hinders his mobility further. This proves that the functional disability of the Appellant will severely impact his earning capacity, and the 35% functional disability calculated by the High Court is incorrect in the facts and circumstances of the case and in our view the loss of future earning capacity must be calculated at 60%.“ Further he submis that the Tribunal under the head of pain and suffering ought to have granted Rs.2,00,000/-towards loss of amenities ought to have granted Rs.2,00,000/- and towards disfigurement an amount of Rs.2,00,000/-. Even towards purchase of artificial limb amount granted by the tribunal is meager. It is submitted that on all counts the compensation needs to be enhanced. 6. Having heard the counsels on either side, perused the material on record. First coming to the insurance company’s appeal is concerned, no doubt the complaint is filed after 6 months of the accident and just because it is given after 6 months that itself is not a ground to dis-entitle the petitioner from claiming the compensation. It is a road traffic accident and the police after a full-fledged investigation has filed a - 8 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 charge sheet. In those circumstances this Court is of the view that the Tribunal was right in holding that the accident has taken place because of the involvement of the offending vehicle. 7. Coming to the compensation, the petitioner was working in a bar as a supplier and his left leg was amputated above the knee. This court has perused the judgment in case of Mohd.Sabeer@Shabir Hussain(referred Supra) and in the light of the same under the head of pain and suffering this Court is granting an amount of Rs.75,000/-. Coming to the loss of future income, as per the evidence of the doctor the disability is 85% the Tribunal has taken 50% in the light of the referred judgment, this Court is taking 75% as disability. The income is taken as Rs.5,500/- as his age is 27 years, 40% future prospects would come to Rs.2,200/- totally his income is Rs.7,700/- (Rs.5,500/- + Rs.2,200/-). Hence, towards loss of future income this Court is granting an amount of Rs.11,78,100/- (Rs.7,700/-x12x 17 x75/100). Then coming towards incidental expenses as the claimant was in hospital for 30 days, this Court is granting an amount of Rs.30,000/-. - 9 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 Towards loss of marriage prospects an amount of Rs.50,000/- is granted by this Court. Towards medical expenses the Tribunal has granted an amount of Rs.63,300/- hence this Court finds no reason to interfere with the same. Towards purchasing the artificial limb this Court is granting an amount of Rs.1,50,000/-. Towards loss of amenities this Court is granting an amount of Rs.1,00,000/-. 8. In the light of the law laid down by the Hon’ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1 , the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future income due to disability : Rs.4,08,000/- 11,78,100/- 2. Pain and suffering : Rs.30,000/- 75,000/- 3. Towards uncomfortable, inconvenience, and loss of future amenities : Rs.30,000/- 1,00,000/- 1(2014) 11 SCC 178 - 10 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 4. Towards future traveling and conveyance expenses : Rs.10,000/ - 00/- 5. Towards Conveyance attendant charges and diet etc. : Rs.05,000/- 30,000/- 6. Towards discomfort in marital life : Rs.10,000/- 50,000/- 7. Towards medical expenses : Rs.63,300/- 63,300/- 8. Towards purchasing artificial limb : Rs.25,000/- 1,50,000/- 9. Legal expenses : 00/- 10,000/- TOTAL : Rs.5,81,300/- Rs.16,56,400/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.16,56,400/-. i. Accordingly, the appeal filed by the claimant MFA.No.1256/2013 is partly allowed by enhancing the compensation from an amount of Rs.5,81,300/-to Rs.16,56,400/-. The appeal filed by the insurance company MFA.No.4107/2013 is dismissed. - 11 - HC-KAR NC: 2026:KHC:21338 MFA No. 4107 of 2013 C/W MFA No. 1256 of 2013 ii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. iii. The respondent No.1-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. iv. The amount in deposit shall be forthwith transferred to the Tribunal. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 19