- 1 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4471 OF 2024 (MV-I) BETWEEN: SRI. NAGARAJU S/O VENKATAGIRI GOWDA AGED ABOUT 39 YEARS RESIDING AT P RAMAPURA VILLAGE TUGUNI POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 561 205. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. M/S. ACE BIKE MISS. HASEEN TAJ SALEEM W/O SALEM AHAMMED, MAJOR (AGE OF R-1 NOT KNOWN TO THE APPELLANT) RESIDING AT NO. 164, A.L. JUNAID 16TH MAIN ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 MAHADESHWARA LAYOUT BTM LAYOUT 2ND STAGE, BENGALURU - 560 076. 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., T.P. CLAIM HUB, 6TH FLOOR, KRISHI BHAVANA HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.C. SEETHARAMA RAO, ADVOCATE FOR R2; R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.06.2024 PASSED IN MVC NO.52/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANGARA, SIT AT KANAKAPURA, 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 MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 01.06.2024 passed by the Court of the II Additional District and Sessions Judge, Ramanagara, sit at Kanakapura (henceforth referred to as 'Tribunal') in M.V.C.No.52/2021. 3. The injured claimant, who is aged 36 years has met with an accident on 22.02.2020 and filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal after considering the entire evidence on record, has awarded the compensation of Rs.1,03,640/- along with interest at the rate of 6% per annum from the date of petition till the realization of the award amount. It is stated that the rider of the offending vehicle did not possess a valid driving licence on the date of the accident, as such, respondent No.1/the owner of the vehicle is directed to deposit the amount. - 4 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 4. The manner of the accident shows that on 22.02.2020, while the claimant and his father were returning on a motorcycle bearing No.KF-05-HD-3346, the vehicle bearing registration No.KF-51-AA-1374 came in a rash and negligent manner and dashed against the motorcycle. As a result, the claimant sustained severe injuries. The claimant was a pillion rider on the motorcycle bearing No.KA-05-HD-3346. The charge sheet was filed against the driver of the offending vehicle bearing registration No.KA-51-AA-1374. However, the rider of the offending vehicle did not posses valid driving licence at the time of the accident. 5. Aggrieved by the said judgment and award of the Tribunal order, the claimant has preferred this appeal and mainly contending that the claimant sustained grievous injuries and he was hospitalized for only one day as it was Covid-19. The compensation awarded under the other heads is meager. The doctor assessed the - 5 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 permanent physical disability to the whole body as 8%. Therefore, he prays for enhancement of compensation. 6. In the present case, the claimant has stated that he was doing coolie work and was earning an amount of Rs.15,000/- per month. But he has not filed any proof of income. As the accident had occurred in the year 2020, the Tribunal has rightly taken the notional income of the claimant as Rs.14,500/- per month as per chart prepared by the Karnataka State Legal Services Authority. He was aged 36 years and the multiplier is taken as ‘15’. 7. The appellant/claimant has sustained injuries such as auto amputed right 2nd toe swelling and tenderness over foot and fracture of 3rd proximal phalyn right and others parts of the body, which are grievous in nature. Learned counsel for the respondent stated that there is only amputation of toe of the second right leg and it will not affect his day to day activities but the Doctor assessed the disability wrongly. - 6 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 8. The appellant/claimant has examined a Doctor as PW.2. The Doctor-PW.2 in his evidence stated that the on scrutinization of the chief examination of the PW.2, the petitioner has sustained disability to the whole body to extent of 8%. Further, during the course of cross- examination nothing has been elicited from the mouth of the PW.2 to impeach the disability to an extent of 8% to the whole body disability. The observation of the Tribunal that the injury sustained by him will not affect his earning capacity is not on proper appreciation of facts. It is a case of amputation, this Court finds it reasonable to take the disability as 8%. Therefore, the ‘loss of future earning capacity due to disability’ is assessed as Rs.14,500 x 12 x 15 x 8% = Rs.2,00,800/-. 9. The Tribunal has granted an amount of Rs.25,000/- towards medical expenses and Rs.35,000/- towards transportation, extra nourishment and attendant charges as per the relevant medical records and the same is confirmed. - 7 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 10. The claimant was hospitalized for only one day during Covid-19 period. Considering the nature of injuries sustained, this Court finds that the claimant might not have attended his work at least for a period of three months. Hence, the compensation under the head of ‘loss of income during laid up period’ comes to Rs.43,500 (Rs.14,500 x 3). Further, this Court finds it reasonable to award Rs.50,000/- under the head of ‘pain and suffering’, Rs.25,000/- under the head ‘loss of amenities’. 11. Thus, in all, the claimant is entitled for the following compensation: SL. NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000 2. Medical Expenses 25,000 3. Loss of income during laid up period (Rs.14,500 x 3). 43,500 4. Loss of future earning capacity due to disability 14,500 x 12 x 15 x 8% 2,08,800 5. Loss of amenities 25,000 6. Transportation, Attendant, food and nourishment 35,000 - 8 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 charges Total 3,87,300 12. In view of the law laid down by the Hon’ble Supreme Court in PAPPU V. VINOD KUMAR LAMBA & ANR., (2018) 3 SCC 208, this Court finds it just and reasonable to invoke the principle of pay and recovery. Accordingly, the Insurance Company is directed to pay the compensation amount to the claimant in the first instance and shall thereafter be at liberty to recover the same from the owner of the offending vehicle in accordance with due process of law. 13. The Tribunal has awarded the compensation of Rs.1,03,640/- but the appellant/claimant is entitled to total compensation of Rs.3,87,300/-. *Insurance Company has not deposited any amount till today. 14. Accordingly, I proceed to pass the following: *Corrected vide Court order dtd:13.03.2026. - 9 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 01.06.2024 passed by the Court of the II Additional District and Sessions Judge, Ramanagara, sit at Kanakapura in M.V.C.No.52/2021 is hereby modified holding that the claimant is entitled for enhanced compensation of *Rs.3,87,300/- along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit. iii. As per the citation reported in the Pappu case, this Court finds it reasonable to invoke the principle of pay and recovery. Accordingly, the Insurance Company/ Respondent No.2 is directed to pay the *entire compensation of Rs.3,87,300/- along with interest at the rate of 6% per annum, within one month from the date of this judgment. *Corrected vide Court order dtd:13.03.2026. - 10 - HC-KAR NC: 2026:KHC:6922 MFA No. 4471 of 2024 iv. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. v. The Insurance company is at liberty to recover the same from the owner of the vehicle by due process of law. vi. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 90