- 1 - MFA No.6210 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6210/2024(MV-I) BETWEEN: ANANDA K.T., S/O THAMME GOWDA, AGED ABOUT 58 YEARS, R/AT AKARADIKODU, HONNETHALA POST, AGUMBE HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577 411. …APPELLANT (BY SRI. ASHWATH C.M., ADVOCATE) AND: 1. CHANDRAPPA H.T., S/O GOVINDA, AGED ABOUT 38 YEARS, R/AT KENDALABYLU, KENDALABYLU POST-577 411 THIRTHAHALLI TALUK, (OWNER CUM DRIVER OF MOTOR BIKE BEARING REG.NO.KA-14-EP-2040) 2. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., NEAR KOPPA CIRCLE, THIRTHAHALLI BRANCH, THIRTHAHALLI, SHIVAMOGGA DISTRICT-577 432 (INSURER OF MOTOR BIKE BEARING REG.NO.KA-14-EP-2040) (POLICY NO.473190/31/2019/1839 - 2 - MFA No.6210 of 2024 …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2, R1-SERVED) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.07.2024 PASSED IN MVC NO.818/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, THIRTHAHALLI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 20.01.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 16.07.2024 passed in MVC No.818/2019 on the file of the Senior Civil Judge and JMFC and A.M.A.C.T., Thirthahalli, for enhancing the compensation. 2. The injured/claimant met with an accident on 15.12.2018 and filed claim petition, claiming compensation of Rs.22 lakhs. The Tribunal considering the entire - 3 - MFA No.6210 of 2024 evidence on record, granted an amount of Rs.1,49,558/- at the rate of 9% p.a., from date of petition till deposit, jointly and severally to the petitioner. 3. Aggrieved by the said award, he preferred an appeal and mainly contended that on 15.12.2018, he left Guddekeri bus stop to his village in his Hero motorbike bearing Reg.No. KA-14 EK-9247, along with his daughter. When he was proceeding in a normal speed on the left side of the road and reached at Kendalabylu road at Shirnahalli cross a motorbike bearing Reg No.KA.EP.2940/Honda Unicorn came from opposite direction in a rash and negligent manner and dashed his bike. As a result, he and his daughter fell down and sustained grievous injuries. Immediately they were shifted to JC Hospital and then shifted to KMC Hospital, Manipal for further treatment. He has spent huge medical expenses and filed claim petition against respondent Nos.1 and 2, claiming compensation. The amount awarded by the Tribunal under the head pain and suffering is. His - 4 - MFA No.6210 of 2024 daughter took treatment as per evidence of PW1 and CW1, as an inpatient for a total period of 24 days in two spells and attended for review and follow-up treatment for several times which is 160 kms far from the residence. But the Tribunal granted only Rs.11,000/- towards incidental charges, which is insufficient. Loss of income during the treatment was considered for 2 months as Rs.20,000/- and it should be not be less than 3 months. 4. Further, the Tribunal has not granted any amount under the loss of amenities and not added future prospects at the rate of 10% to his income while calculating loss of future income due to disability. Ex.P5 is the spot mahazar. It reveals that respondent No.1 who came on the right side of the road in a rash negligent manner dashed the bike of the petitioner. But the Tribunal without verifying the same, fixed 50% of contributory negligence on the part of the petitioner and it is to be modified. 5. The manner of accident shows that on 15.12.2018, petitioner left the bus stop in his village and - 5 - MFA No.6210 of 2024 proceeded in his motorbike along with his daughter. She came after completion of her night duty from BPO, Rural Sources, Thirthahalli, while they were proceeding in a motorbike bearing No.KA/14-EK-9247/Hero motor bike with a normal speed on the left side of the road, another motorbike bearing reg.No.KA.EP.2940/Honda Unicorn bike came from opposite direction driven by respondent No.1 in a rash and negligent manner and dashed their bike and as a result both of them fell down and sustained injuries. Immediately they were shifted to JC Hospital, Thirthahalli, as the injuries were severe, the doctor advised them to shift to KMC Hospital, Manipal. Thus, he was admitted as inpatient from 15.12.2018 to 25.12.2018 and again he was readmitted on 4-02-2019 and discharged on 09-02- 2019. The petitioner was working as a coolie and also doing dairy farming and earning Rs.35,000/- per month, but he has not filed any income proof. 6. The respondent No.1 is the owner cum driver of motorbike and respondent No.2 is the insurer of the - 6 - MFA No.6210 of 2024 motorbike. Respondent No.1 appeared before the court and filed objections. He denied his negligence and stated that he is the rider, as well as owner of the bike and he got valid driving license. He insured his vehicle with respondent No.2/Insurance company vide policy bearing No.473190/31/2019/1839. 7. Insurance Company/respondent No.2 took an objection that petitioner had no valid driving license and he has driven the vehicle in a rash and negligent manner and the insurer of the vehicle belonging to the petitioner is also necessary party. 8. The complaint is given by daughter of the petitioner Anjitha under Ex.P3, in which she stated that her father was also negligent in driving the vehicle and the accident occurred due to the negligence of both the riders. But at Ex.P4/charge sheet which is filed against the rider of the motorcycle bearing Reg.No.KA-EP-2940 Honda Unicorn, in the FIR, it was revealed that the accident was head-on collision. But later, it was registered against the - 7 - MFA No.6210 of 2024 driver of the offending vehicle bearing reg.No.KA.EP.2940. Considering the said aspect, the Tribunal observed that there should be 30% contributory negligence to be fixed on the petitioner. But later, it was stated that 50% negligence is fixed on the petitioner due to rash and negligent driving and 50% negligence is fixed on the part of the first respondent as he has also sustained grievous injury in the said accident. Considering, the averments of the complaint, given by daughter of petitioner and other relevant factors and also manner of accident, this Court finds it reasonable that the negligence on the part of the petitioner is to be fixed at the rate of 30% and that of the rider of offending vehicle bearing reg.No.KA.EP.294 is to be fixed at 70%. 9. Further, as per Ex.P7/Wound Certificate petitioner sustained the following injuries; “1) Surgically sutured wound with intact sutures measuring 15 cm in length, was present over front and outer aspect of right leg and foot, starting at a point 4 cm below right knee, - 8 - MFA No.6210 of 2024 2) Right forearm swelling present. Bony crepitus deformity present. No neurovascular deficit. 3) Avulsed laceration, over an area of 9x 4 x muscle deep present over back of right hand, starting at a point, 3 cm below right wrist.” All the injuries are grievous in nature. Ex.P8 is discharge summary. As per Exs.P1 to Ex.P18, the petitioner incurred Rs.59,717/- towards medical expenses. He was aged 53 years as per Ex.P7 and Ex.P8, as on the date of accident. His monthly income was taken by the Tribunal as Rs.10,000/- and it was observed that he requires 2 months time for recovery and granted Rs.20,000/- under head, loss of income during treatment period. It was also stated that the petitioner suffered from disability to the extent of 35%. PW.2 who treated the petitioner, assessed the physical disability as 21% to the right lower limb and, except Ex.C4/Disability Certificate, no other documents are produced to show that she is suffering from disability of 35%. As per the evidence of PW2, the petitioner had undergone union of the right forearm fracture with implant - 9 - MFA No.6210 of 2024 insitu and there is non-union of left clavicle fracture. Further there is 33% loss of grip strength and 85% loss of pinch strength in the right upper limb and has significant difficulty in doing activity of daily living using right lower limb. PW2 stated that he suffered 21% to the right lower limb. Hence, 1/3rd of the same comes to 7%, but the Tribunal has taken 12%. 11. Further, the petitioner failed to produce any income proof. Therefore, as he met with an accident in the year 2018, his notional income is to be taken as Rs.12,500/-, as per the chart prepared by Karnataka State Legal Services Authority. Hence, loss of future earning capacity comes to Rs.12,500 X 12 X 11 X 7% = Rs.1,15,500. It was stated that he was hospitalized for a period of 11 days. Therefore, considering the nature of injuries, hospitalization, this court finds it reasonable to grant Rs.50,000/- towards pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for per transportation, extra nourishment and attendant - 10 - MFA No.6210 of 2024 charges. Further, he is also entitled for Rs.59,717/- for medical expenses and petitioner might not have attended any of the work at least for a period of 3 months. Therefore Rs.12,500 x 3 = Rs.37,500/- is granted towards loss of income during laid up period. 12. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.1,49,558/- to Rs.3,17,717/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,15,500. 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 37,500 6 Future medical expenses 59,717 Total 3,17,717 - 11 - MFA No.6210 of 2024 13. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 16.07.2024 passed in MVC No.818/2019 on the file of the Senior Civil Judge and JMFC and A.M.A.C.T., Thirthahalli, is modified. iii. The claimant is entitled to a sum of Rs. 3,17,717/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,49,558/- granted by the tribunal. iv. Respondent No.2/Insurance Company is directed to deposit 70% of the total amount along with the interest at the rate of 6% within one month from the date of this order. If at all Insurance Company has - 12 - MFA No.6210 of 2024 deposited awarded amount before the Tribunal, directed to deposit the balance amount with interest. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR