- 1 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8033/2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 305/2017 (MV-I) IN MFA No. 8033/2015 BETWEEN: THE MANAGER NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE AND BRANCH OFFICE, 1ST FLOOR, SRI MANJUNATHA COMPLEX BUS STAND ROAD, HASSAN. REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE, 144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE - 560 001. …APPELLANT (BY SRI. K N SRINIVASA .,ADVOCATE) AND: 1. SRI RANJIT S/O SRI RANGEGOWDA AGED ABOUT 23 YEARS, THEJURU KASABA HOBLI, HASSAN TALUK-577 203. 2. SRI LOKESH H M S/O MANJUNATHA H P AGED ABOUT 34 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 KOKKANAGHATTA VILLAGE HANUMANTHAPURA POST HASSAN TALUK & DISTRICT PIN-577 203. …RESPONDENTS (BY SRI. CHETHAN B., ADVOCATE FOR R1, R3-LOKESH H.M.-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED14.08.2015 PASSED IN MVC NO.1652/2012 ON THE FILE OF THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN, AWARDING COMPENSATION OF RS.1,94,544/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE REALIZTION. IN MFA NO. 305/2017 BETWEEN: SRI RANJITH S/O RANEGOWDA, AGED ABOUT 25 YEARS, R/AT THEJURA, KASABA HOBLI, HASSAN TALUK-573 201 HASSAN. ...APPELLANT (BY SRI. CHETHAN B.,ADVOCATE) AND: 1. LOKESH H M S/O MANUNATHA H.P. MAJOR, R/AT KOKKANAGHATTA VILLAGE, HANUMANTHAPURA POST, HASSAN TALUK-573 201 HASSAN 2. THE MANAGER - 3 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 NATIONAL INSURANCE CO. LTD., DIVISION OFFICE AND BRANCH OFFICE, 1ST FLOOR, SRI MANJUNATHA CO, BUS STAND ROAD, HASSAN-573 201 ...RESPONDENTS (BY SRI. K.N. SRINIVASA, ADVOCATE FOR R2, V/O DTD:19.04.2023 IN MFA NO.8033/2015 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED14.08.2015 PASSED IN MVC NO.1652/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.8033/2015 is filed by the Insurance Company and MFA No.305/2017 is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 14.08.2015 in MVC No.1652/2012 on the file of the Addl. Senior Civil Judge and Additional MACT, Hassan, for enhancing the compensation. - 4 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The petitioner met with an accident on 26.08.2012 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,94,544/- with interest and the rate of 6% p.a., from date of petition till realisation. 4. Aggrieved by the said order, Insurance Company preferred this appeal and mainly contended that immediately after the accident, claimant has taken treatment at Sanjeevani Co-operative Hospital and Medical Education and Research Institute, Hassan, and the said hospital issued MLC intimation to the Sub-Inspector of Shanti Nagara Police Station, in which the car and its number were mentioned and later it was deliberately altered to suit the claim of the first respondent and PW2 - 5 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 also admitted the said fact. As such, it is a case of fraud and suppression of fact, before the Tribunal. But the Tribunal erred in directing them to indemnify the insured by holding that the policy was issued in favour of Honda bike bearing Reg.No.KA-13-WA-8243. If the bike was involved in the accident as per Section 134 of the Motor Vehicles Act, 1988, it is the duty of the insured to inform about the accident to the Insurance Company, but no such intimation was given. Also, public money is involved with the Insurance Company and the frivolous cases are increasing on hand. Hence, requested this court to take suitable action to curb such activities. Further contended that the Tribunal erroneously directed them to pay Rs.1,94,544/- with interest at the rate of 6%. Against the same award, the claimants also filed another appeal in MFA No.305/2017 and contended that the Tribunal has not appreciated the permanent disability assessed by the doctor and the amount granted in other heads are meager and thus requested for enhancement of the compensation. - 6 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 5. The nature of accident shows that on 26.08.2013 while petitioner was waiting for the bus on NH-48, an Activa Honda bike bearing KA-13W-8243 came from Shanti Grama side in a rash and negligent manner with high speed and dashed him. As a result, he sustained grievous injuries and then was admitted to Sanjeevani Hospital. Operation was conducted by them. He took treatment there for 15 days as an inpatient and spent Rs.60,000/- for treatment. He was working in a bakery shop and earning Rs.10,000/- per month. 6. Learned counsel for the Insurance Company relied upon Ex.P3/intimation of doctor regarding MLC and stated that there was over-writing and alteration to the word ‘car’ and bike was inserted subsequently and the over-writing is marked at Ex.R1. It was observed that word ‘car’ was scratched and word bike was inserted. The registration number of the offending vehicle was also clear in the MLC intimation. The registration number of the offending vehicle is shown as KA-13-W-8243. - 7 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 7. Learned counsel for the claimant relied upon Ex.P13, original MLC and in the said document dated 26.08.2012 at 08.00 p. m., it was mentioned that when he was waiting for bus, suddenly a bike came from back and hit him. The counsel of the claimants contended that there is no over-writing in the MLC. Though there was over- writing, regarding the word ‘bike’, the vehicle number of the bike was rightly mentioned in the MLC extract as KA- 13-W-8243. Therefore, the argument of the Insurance Company that vehicle was implicated initially and car dashed the petitioner and later it was mentioned by him as bike and he scratched the word ‘car’ and implicated the ‘bike’ cannot be accepted. 8. The Tribunal also observed that the respondent No1./Lokesh H.M., son of Manjunath and H.M.Lokesh son of Manjunath are one and the same. At ex.R8, first page, the name of M. Lokesh was shown and he signed in page no.3 as Lokesh H. M., and thus the implication of the vehicle is ruled out. - 8 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 9. The petitioner met with an accident on 26.08.2012. Though he stated that he was working in a bakery shop and earning Rs.10,000/- per month he has not filed any income proof. As he met with an accident in the year 2012, his notional income is to be taken as Rs.7,000/-. He was aged 20 years and the multiplier is 18. The petitioner sustained following injuries; 1. Fracture tibia right leg. 2. Fracture fibula right leg. 3. B/L Abrasion over knee 3x2 c.m. 4. Contusion rt. side forehead 3x2 c.m. 5. Multiple abrasion low back. 6. Lacerated partial scalp 8x0.5 c.m (less). out of the above injuries (1) and (2) are grievous in nature and others are simple. The injured examined the doctor as PW2 and doctor assessed the disability as 20% of the right lower limb. The Tribunal has rightly taken it as 10%. Considering the two grievous injuries, this Court finds it reasonable to confirm the disability taken by the Tribunal. Further, the loss of future earning capacity comes = Rs.7,000 x 12 x 18 x 10% = Rs.1,51,200/-. The - 9 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 Tribunal granted Rs.35,544/- towards medical expenses and it is confirmed. He was hospitalized for a period of 8 days. Considering his occupation, period of hospitalisation, nature of injuries, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. He might not have attended any other work at least for a period of 3 months. Therefore, Rs.21,000/- is to be granted under the loss of income during laid-up period. PW2 doctor in his evidence suggested that he requires another surgery for removal of implants and estimated the cost of surgery as Rs.30,000/-. Therefore, this court finds it reasonable to grant an amount of Rs.20,000/- for future medical expenses. 10. Thus in all, components awarded by this court are as below, - 10 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 Hence, the compensation granted by tribunal is enhanced from Rs.1,94,544/- to Rs. 3,32,744/- along with interest at the rate of 6% p.a. 11. In the result, the following order is passed: ORDER i. MFA No.8033/2015 filed by the by the Insurance Company is hereby dismissed. ii. MFA No.305/2017 filed by the appellant/claimant is hereby partly allowed. Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,51,200 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 Food and nourishment 30,000 5 Loss of income during laid down period 21,000 6 Medical expenses 35,544 7 Future Medical expenses 20,000 Total 3,32,744 - 11 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 iii. The judgment and award dated 14.08.2015 in MVC No.1652/2012 on the file of the Additional Senior Civil Judge and Additional MACT, Hassan, is modified. iv. The claimants are entitled to a sum of Rs. 3,32,744/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 1,94,544/- granted by the tribunal. v. Insurance Company is directed to deposit the enhanced compensation of Rs.1,38,200/-, along with the interest at the rate of 6% within one month from the date of this order. vi. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. - 12 - HC-KAR NC: 2026:KHC:4114 MFA No. 8033 of 2015 C/W MFA No. 305 of 2017 vii. On 19.04.2023, the delay of 410 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 86