- 1 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 5135 OF 2023(MV-I) BETWEEN: 1. SMT. SHIVAMANI P., D/O PUTTARANGE GOWDA, AGED ABOUT 66 YEARS, RESIDING AT No.1649, V BLOCK, SRI M. V. LAYOUT, ULLALA MAIN ROAD, ULLALA, BENGALURU 560056. …APPELLANT (BY SRI SUBRAMANI G. N., ADVOCATE) AND: 1. ABHISHEK N., S/O LATE NARAYANA R., AGED ABOUT 25 YEARS, No.504/2, 1ST CROSS, BHAKSHI GARDEN, COTTONPET, BENGALURU 560053. 2. GO DIGIT GENERAL INSURANCE COMPANY LTD., BY ITS MANAGER, ATLANTIS, 95, 4TH B CROSS ROAD, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 KORAMANGALA INDUSTRIAL LAYOUT, V BLOCK, BENGALURU 560095. …RESPONDENTS (BY SRI B.R. RAJASHEKARA REDDY, ADVOCATE FOR R1; SRI B. PRADEEP, ADVOCATE FOR SRI B.C. SHIVANNEGOWDA, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.05.2023 PASSED IN MVC No.3614/2021 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, SCCH-10 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION . THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The injured claimant is in appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'M.V. Act'), not being satisfied with the quantum of compensation awarded under the judgment and award dated 18.05.2023 in MVC No.3614/2021 on the file of the XIV Additional Small Causes Judge and MACT, Bengaluru, with a prayer for enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 2. Brief facts of the case are that the claimant-injured filed claim petition under Section 166 of M.V. Act claiming compensation for the injuries sustained in a road traffic accident that took place on 20.09.2020 involving Honda Activa bearing No.KA-02-KD-2972. It is stated that the claimant had spent Rs.5,00,000/- towards medical, conveyance, food and other incidental charges. It is also claimed that the claimant was earning a sum of Rs.20,000/- per month and was aged about 65 years as on the date of the accident. 2.1 In pursuance of notice, respondent No.1 remained ex parte. Respondent No.2-Insurer appeared before the Court and field objections. Respondent No.2 admitted the policy in respect of the offending motorcycle and stated that liability, if any, shall be subject to the terms and conditions mentioned in the policy. It is also contended that the rider of the motorcycle had no valid and effective licence as on the date of accident. Thus, prayed to dismiss the claim petition. 2.2 The claimant examined herself as PW.1 apart from examining PW.2- Doctor and in support of her case marked - 4 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 Exs.P1 to P12. Respondent No.2-Insurance Company examined RW.1 and marked Exs.R1 to R3. 2.3 The Tribunal appreciating the material on record awarded a total compensation of Rs.2,47,604/- on the following heads: Compensation Heads Compensation amount in Rs. 1. Loss of future earning capacity due to permanent disability 1,09,620.00 2. Towards Pain and Sufferings 40,000.00 3. Towards loss of amenities 25,000.00 4. Towards Medical expenses 57,984.00 5. Future medical expenses 15,000.00 Total 2,47,604.00 2.4 While granting the above compensation, Tribunal assessed the notional income of the claimant at Rs.14,500/- per month assessing 9% whole body disability. The claimant- appellant not being satisfied with the quantum of compensation is before this Court seeking enhancement of compensation. 3. Heard Sri G.N. Subramani, learned counsel for the appellant-claimant; Sri B.R. Rajashekara Reddy, learned - 5 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 counsel for respondent No.1 and Sri B. Pradeep, learned counsel for Sri B.C. Shivanna Gowda, learned counsel on record for respondent No.2-Insurance Company and perused the entire papers as well as the original records of the Tribunal. 4. Learned counsel for the appellant-claimant would submit that the Tribunal erred in assessing the whole body disability at 9% as against the whole body disability of 15.47% as deposed by the doctor. Further, learned counsel would submit that the doctor had deposed that the claimant has suffered 31% disability to a particular limb. Therefore, the assessment of Tribunal with regard to whole body disability ought to have been more than 9%. Learned counsel would further submit that the compensation awarded on other heads are also on the lower side and needs enhancement. 4.1 Learned counsel would submit that the Tribunal has failed to award proper compensation on the head 'loss of amenities'. It is his submission that no compensation is awarded on the head 'loss of income during laid-up period' and on the head 'attendant charges, conveyance, food and nourishment' etc. Learned counsel would submit that the claimant has stated that - 6 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 she had spent a total sum of Rs.1,73,000/- towards medical expenses. However, only a sum of Rs.57,984/- was awarded by the Tribunal, which is erroneous. Thus, learned counsel would pray for enhancement of compensation. 4.2 Learned counsel would further submit that the Tribunal also erred in fixing the liability on the owner of offending two wheeler, when the insurer admitted the policy in respect of offending vehicle and when the policy was in active currency as on the date of the accident. Learned counsel would submit that merely because charge sheet is filed against the rider of the motorcycle for the offence under Sections 189, 134 [A and B] and 187 of the M.V. Act, the claimant cannot be deprived of the compensation nor can the Insurance Company be exonerated from payment of compensation. Thus, he would pray for fixing the liability on the insurer or to direct the Insurance Company to pay compensation at the first instance with liberty to recover the same from the owner. Thus, he would pray for allowing the appeal. 5. Learned counsel for the Insurer would submit that the compensation awarded by the Tribunal is just and it needs no - 7 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 interference. Learned counsel would submit that the Tribunal has rightly assessed the whole body disability at 9% taking note of Doctor's evidence that claimant has suffered 31% disability to a particular limb. Further, learned counsel would submit that the claimant was inpatient only for two days and taking note of the nature of injuries, compensation awarded on other heads are reasonable and he would submit that no interference is needed on the quantum of compensation awarded by the Tribunal. 5.1 Further, learned counsel would submit that the Tribunal is justified in saddling the liability on the owner since charge sheet is filed against the rider of motorcycle and that without consent, if the injured vehicle is permitted to take part in a race or a trial of speed, the same would amount to violation of conditions of policy. As there is such a violation of conditions of policy, insurer would not be liable to indemnify the compensation. Thus, he would pray for dismissal of the appeal. 6. Having heard learned counsel for the parties and on perusal of entire material including Tribunal's record, the following points would arise for consideration; - 8 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 (i) Whether the claimant would be entitled for enhancement of compensation? (ii) Whether the Tribunal is justified in saddling liability on the owner? 6.1 The answer to the above two points is, in the 'affirmative' and 'negative' respectively for the following reasons. 7. The accident that took place on 20.09.2020 involving Honda Activa motorcycle bearing No.KA-02-KD-2972 and the injuries sustained by the claimant-appellant are not in dispute in this appeal. The claimant is before this Court claiming for enhancement as well as praying for saddling the liability on the insurer. 8. The claimant-appellant in terms of Ex.P.7-wound certificate has sustained the following injures; "1. Abrasion over back distal third of left forearm measuring 2cm x 1cm. 2. Abrasion over front middle third of left thigh measuring 2cm x 2cm. 3. Laceration present over the left medical malleolus measuring 1cm x1cm x bone deep with swelling, tenderness and deformity of left ankle. 4. Tenderness present over the left chest region." - 9 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 9. PW.2-Doctor has deposed that the claimant has suffered 31% disability to a particular limb and was of the opinion that the claimant has sustained whole body disability of 15.47%. The Tribunal taking note of doctor's evidence and entire material on record has rightly assessed the whole body disability at 9%, which needs no interference. 10. The claimant was aged 65 years as on the date of accident and she was a house wife. Taking note of the above facts, Tribunal has rightly assessed the notional monthly income of the injured claimant at Rs.14,500/- per month as per the income chart prepared by the Karnataka State Legal Services Authority for the year 2020. 11. Learned counsel contended that the claimant-appellant had undergone surgery, and since the accident was during COVID period, she was discharged within two days of surgery. After discharge from the hospital, the claimant had engaged services of an attendant at her residence and for that purpose, she had incurred expenses. Therefore, learned counsel would submit that the Tribunal ought to have granted compensation - 10 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 on the head 'attendant charges, food and nourishment and transportation etc'. The submission of learned counsel for the claimant-appellant appears to be reasonable as the accident had taken place during COVID period and same seems to be acceptable. Taking note of the same, we award a sum of Rs.20,000 towards 'attendant charges, food and nourishment, transportation etc'. 12. The Tribunal has granted a sum of Rs.25,000/- on the head 'loss of amenities'. Taking note of the injuries sustained, we enhance the same to 'Rs.40,000/-'. 13. The Tribunal has not awarded any compensation on the head 'loss of income during laid-up period'. Taking note of the injuries, we are of the opinion that the claimant would have taken three months to recover from the said injuries. Therefore, the loss of income for three months would be Rs.14,500/- x 3 =Rs.43,500. 14. Thus, the claimant-appellant would be entitled to the total modified compensation of Rs.3,26,104/-, as under; - 11 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 Compensation Heads Modified Compensation amount in Rs. 1. Loss of future earning capacity due to permanent disability 1,09,620.00 2. Towards Pain and Sufferings 40,000.00 3. Towards loss of amenities 40,000.00 4. Towards Medical expenses 57,984.00 5. Loss of income during laid-up period 43,500.00 6. Attendant charges, food and nourishment and transportation etc. 20,000.00 5. Future medical expenses 15,000.00 Total 3,26,104.00 15. The Tribunal has committed an error in directing payment of compensation by respondent No.1-owner merely on the ground that charge sheet under Section 189 of M.V. Act is filed against the rider of the motorcycle. It is an admitted fact that the insurer has admitted issuance of policy and said policy was in active currency as on the date of accident. When a valid insurance policy exists as on the date of accident, normally Insurance Company would be liable to indemnify the owner. In the instant case, it is not the case of the insurer that Policy was - 12 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 not a valid policy as on the date of accident. If charge sheet is filed against the rider of motorcycle under Section 189 of the M.V. Act, the owner would face the consequences of such offence. However, on the said ground, the insurer may not be liable to indemnify the owner, but the insurer would be liable to satisfy the award at the first instance and to recover the same from the owner. When valid policy exists, the injured claimant cannot be made to go behind the owner to satisfy the award. 16. In the above circumstances, the award of Tribunal directing the owner to pay compensation is modified with a direction to respondent No.2-Insurer to pay compensation at the first instance with liberty to recover the same from the owner of the two wheeler. 17. For the foregoing reasons, the following; (i) The appeal is allowed-in-part. (ii) The appellant-claimant is entitled to total compensation of 3,26,104/- along with interest at the rate of 6% per annum from the date of petition till realization, as against the compensation awarded by the Tribunal at 2,47,604/-. Thereby, - 13 - HC-KAR NC: 2026:KHC:4311-DB MFA No. 5135 of 2023 the appellant-claimant would be entitled to enhanced compensation of Rs.78,500/-. (iii) The enhanced compensation shall be deposited within four weeks. (iv) The judgment and award of the Tribunal in respect of deposit and release of the compensation amount payable to the appellant-claimant remains unaltered. SD/- (S.G.PANDIT) JUDGE SD/- (K. V. ARAVIND) JUDGE MV List No.: 2 Sl No.: 22