- 1 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 4463 OF 2020 (MV-I) BETWEEN: SRI .YOGESHA.M.C. S/O CHALUVEGOWDA, AGED ABOUT 39 YEARS, R/AT MARADI VILLAGE, KASABA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT, PRESENTLY R/AT C/O Y.K.VASUDEVA POST OFFICE BUILDING, 7TH MAIN ROAD, HEMAVATHI NAGARA, HASSAN-573 201. …APPELLANT (BY SRI. H.J.ANANDA., ADVOCATE) AND: 1. GIRISH.H.P. S/O PARAMESHVARAIH, MAJOR, R/AT ECHANURU VILLAGE AND POST, TIPTUR TALUK, TUMKUR DISTRICT-572 102. - 2 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 2. H.C.BHARATH S/O CHANDRASHEKAR, MAJOR, R/AT HOLENARASIPURA ROAD, WEST SIDE FACING, HASSAN-573 201. 3. MANAGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD., 2ND FLOOR, MYSORE TRADE CENTER, OPPOSITE KSRTC BUS STAND, MYSORE-570 001. …RESPONDENTS (BY SRI. B.PRADEEP., ADVOCATE FOR R3; R1-SERVED;R2-NOTICE DISPENSED WITH V/O DT.16.04.2024) *** THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 19.08.2020 PASSED IN MVC NO.206/2019 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 ORAL JUDGMENT 1. The present appeal seeks to challenge an award dated 19.08.2020, passed by the learned 5th Additional District and Sessions Court and Additional MACT at Hassan, in M.V.C.No.206/2019 [hereinafter referred to as the “Impugned Award”]. By the Impugned Order, a sum of ₹4,48,000/- has been awarded with interest at the rate of 9% per annum. 2. The brief facts are that the appellant/claimant was doing electrical contract work and had gone to Maradi Village on 24.06.2018 in his Scooter bearing No.KA-04/ HX-7969, for completing his work. At about 6:15 p.m., a Car bearing No.KA-41/N-8088 came from the opposite direction, which was stated to be driven in a rash and negligent manner and hit the Scooter of the appellant/ claimant. As a result, the appellant/claimant fell down and sustained grievous injuries to his face, left hand and right leg. The appellant/claimant was admitted in SSM Hospital, Hassan, for about 45 days. The appellant/claimant further - 4 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 claimed that because of the injuries sustained in the accident, he was not in a position to work as before. 3. A claim petition was filed by the appellant/claimant before the learned 5th Additional District and Sessions Court and Additional MACT at Hassan [hereinafter referred to as the “Tribunal”]. Respondent Nos.1 and 2 being the driver and owner of the vehicle did not appear before the Tribunal and were placed ex-parte. The claim petition was contested by the respondent No.3/Insurance Company. Several grounds were raised by the respondent No.3/ Insurance Company including that the policy conditions were violated. 4. On the basis of the pleadings, the following Issues were framed by the learned Tribunal: “1. Whether the petitioner proves that on 24.6.2018 at about 6.15 pm when petitioner was coming in Scooter No.KA 04 HX 7969 from Maradi Village, in Hassan Arkalgud Road, in front of ANP Hollow Bricks in Kattaya village, a Car belonging to Respondent No.1, bearing Reg.No.KA 41 N-8088 came from Hassan side and it was driven in rash and negligent manner by its driver and has dashed to the scooter of the Petitioner and caused accident, by which Petitioner sustained injuries? - 5 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 2. Whether Respondent no.3 proves that, it is not liable to pay compensation? 3. Whether the Petitioner is entitled for the compensation? If so to what amount and from whom? 4. What order or award?” 5. The learned Tribunal, after finding that the accident was caused by the rash and negligent driving of the Car bearing registration No.KA-41/N-8088 and based on the medical records and other documents produced by the appellant/claimant, granted the following compensation: Sl. No. Particulars Amount in ₹ 1 Pain and suffering 30,000/- 2 Medical expenses 1,51,000/- 3 Attendant charges 6,000/- 4 Food & nourishment 5,000/- 5 Loss of Income during laid up period 18,000/- 6 Loss of future earning (₹12,000/-x11%x12x15) 2,38,000/- 7 Loss of amenities - Total 4,48,000/- 5.1. In addition, it was also held that the respondent No.1/owner and respondent No.3/insurance company are - 6 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 jointly and severally liable to make payment of the awarded amount, in view of the fact that there was no breach of the Insurance Policy. 6. Learned counsel for the appellant/claimant, on instructions submits that the aforesaid compensation is acceptable to the appellant/claimant. 7. None appears for the respondent No.1, despite service. Notice to respondent No.2 is dispensed with by this Court by order dated 16.04.2024. 8. The learned counsel for the appellant/claimant and learned counsel for the respondent No.3/Insurance Company today have contended that they have reached an amicable settlement in the matter. 9. Learned counsel for the appellant/claimant submits that the notional income as taken by the Tribunal was taken at ₹12,000/- per month, however, since the accident occurred on 24.06.2018, the notational income should have been taken as ₹12,500/- per month. - 7 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 Secondly, he contends that the amount awarded by the Tribunal towards pain and suffering and attendant charges is on the lower side. 10. The learned counsel for the respondent No.3/ Insurance Company, on the other hand, on instructions, fairly concedes that, after evaluation of the amounts, an enhanced amount of ₹80,500/- as compensation would be paid by the Insurance Company, in the following manner: Sl. No. Particulars Amount in ₹ 1 Pain and suffering 50,000/- 2 Medical expenses 1,51,000/- 3 Attendant charges 10,000/- 4 Food & nourishment 5,000/- 5 Loss of Income during laid up period 25,000/- 6 Loss of future earning (₹12,500/-x11%x12x15) 2,47,500/- 7 Loss of amenities 40,000/- Total 5,28,500/- Less: awarded by Tribunal 4,48,000/- Enhanced compensation 80,500/- 11. In view of the settlement arrived at between the parties, this Court deems apposite to pass the following: - 8 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 ORDER (i) The appeal is disposed of as settled. (ii) The impugned Judgment and Award dated 19.08.2020, passed by the learned 5th Additional District and Sessions Court and Additional MACT at Hassan, in M.V.C.No.206/2019 is modified, enhancing the compensation of ₹80,500/-[Rupees Eighty Thousand Five Hundred] along with interest applicable thereon as awarded by the learned Tribunal. (iii) The Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the Tribunal, within a period of four weeks from the date of receipt of a copy of this judgment. (iv) On such deposit of compensation, the same shall be released in favour of the appellant/claimant. (v) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. - 9 - HC-KAR NC: 2026:KHC:6386 MFA No. 4463 of 2020 (vi) The Registry is directed to draw the modified Award accordingly. (vii) The Registry is directed to transmit a copy of this judgment to the concerned Tribunal, along with its records. (viii) No order as to costs. (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 6 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA