- 1 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100520 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.100519 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO.100521 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO.100522 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO.100523 OF 2021 (MV-I) IN MFA NO.100520/2021 BETWEEN: SMT. KUSUMAVVA W/O. BASAPPA CHINNIKATTI, AGE. 51 YEARS, OCC. NIL, R/O. TADAS, TQ. BYADGI, DIST. HAVERI-581110. …APPELLANT (BY SRI. NAGARAJ J.APPANNANAVAR, ADVOCATE) AND: 1. SRI. SADATH W/O. USMANSAB SANNAMANI, AGE. MAJOR, OCC. BUSINESS, R/O. HAUNSHABAVI, TQ. HIREKERUR, DIST. HAVERI-581115. (OWNER OF THE MAXI CAB MAHINDRA KA-27/4804) 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP, RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, STATE RAJASTHAN-302022. …RESPONDENTS (BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R2; NOTICE TO 1 IS SERVED) Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, PRAYING TO 1. MODIFY BY ENHANCING THE AMOUNT OF COMPENSATION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI IN MVC NO.508/2014 DATED 28.07.2018 AND ALLOW THE APPEAL. 2. SET ASIDE THE JUDGMENT AND AWARD DATED 28.07.2018 PASSED IN MVC NO.508/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI, IN SO FAR AS FASTENED THE LIABILITY ON THE 1ST RESPONDENT IS CONCERNED, BY FIXING THE LIABILITY ON 2ND RESPONDENT INSURANCE COMPANY, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100519/2021 BETWEEN: SMT. PARAVVA W/O. SHIVAPUTRAPPA AKKUR @ ADIVER, AGE. 61 YEARS, OCC. NIL, R/O. MUTTUR, TQ. BYADAGI, DIST. HAVERI-581110. ...APPELLANT (BY SRI. NAGARAJ J.APPANNANAVAR, ADVOCATE) AND: 1. SRI. SADATH W/O. USMANSAB SANNAMANI, AGE. MAJOR, OCC. BUSINESS, R/O. HAUNSHABAVI, TQ. HIREKERUR, DIST. HAVERI-581115. (OWNER OF THE MAXI CAR MAHINDRA KA-27/4804) 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP, RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, STATE RAJASTHAN-302022. ...RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO - 3 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 1. MODIFY BY ENHANCING THE AMOUNT OF COMPENSATION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI IN MVC NO.511/2014 DATED 28.07.2018 AND ALLOW THE APPEAL. 2. SET ASIDE THE JUDGMENT AND AWARD DATED 28.07.2018 PASSED IN MVC NO.511/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI, IN SO FAR AS FASTENED THE LIABILITY ON THE 1ST RESPONDENT IS CONCERNED, BY FIXING THE LIABILITY ON 2ND RESPONDENT INSURANCE COMPANY, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100521/2021 BETWEEN: MOHANKUMAR S/O. NEELAKANTAPPA KAMMAR, AGE. 32 YEARS, OCC. NIL, R/O. TADAS, TQ. BYADAGI, DIST. HAVERI-581110. ...APPELLANT (BY SRI. NAGARAJ J.APPANNANAVAR, ADVOCATE) AND: 1. SRI. SADATH W/O. USMANSAB SANNAMANI, AGE. MAJOR, OCC. BUSINESS, R/O. HAUNSHABAVI, TQ. HIREKERUR, DIST. HAVERI-581115. (OWNER OF MAXI CAB MAHINDRA KA-27/4804) 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP, RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, STATE RAJASTHAN-302022. ...RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO 1. MODIFY BY ENHANCING THE AMOUNT OF COMPENSATION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC - 4 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 AND MACT, BYADGI IN MVC NO.510/2014 DATED 28.07.2018 AND ALLOW THE APPEAL. 2. SET ASIDE THE JUDGMENT AND AWARD DATED 28.07.2018 PASSED IN MVC NO.510/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI, IN SO FAR AS FASTENED THE LIABILITY ON THE 1ST RESPONDENT IS CONCERNED, BY FIXING THE LIABILITY ON 2ND RESPONDENT INSURANCE COMPANY, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100522/2021 BETWEEN: SMT. PUTTAVVA W/O. SHIVAPPA BANNIHATTI, AGE. 46 YEARS, OCC. NIL, R/O. TADAS, TQ. BYADGI, DIST. HAVERI-581110. ...APPELLANT (BY SRI. NAGARAJ J.APPANNANAVAR, ADVOCATE) AND: 1. SRI. SADATH W/O. USMANSAB SANNAMANI, AGE. MAJOR, OCC. BUSINESS, R/O. HAUNSHABAVI, TQ. HIREKERUR, DIST. HAVERI-581115. (OWNER OF THE MAXI CAB MAHINDRA KA-27/4804) 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP, RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, STATE RAJASTHAN-302022. ...RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO 1. MODIFY BY ENHANCING THE AMOUNT OF COMPENSATION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI IN MVC NO.509/2014 DATED 28.07.2018 AND ALLOW THE APPEAL. 2. SET ASIDE THE JUDGMENT AND AWARD DATED 28.07.2018 PASSED IN MVC NO.509/2014 ON - 5 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI, IN SO FAR AS FASTENED THE LIABILITY ON THE 1ST RESPONDENT IS CONCERNED, BY FIXING THE LIABILITY ON 2ND RESPONDENT INSURANCE COMPANY, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.100523/2021 BETWEEN: SMT. SAVANTHRAVVA @ SAVANTHRAMMA W/O. HANUMANTHAPPA DULIKOPPA, AGE. 71 YEARS, OCC. NIL, R/O. TADAS, TQ. BYADGI, DIST. HAVERI-581110. ...APPELLANT (BY SRI. NAGARAJ J.APPANNANAVAR, ADVOCATE) AND: 1. SRI. SADATH W/O. USMANSAB SANNAMANI, AGE. MAJOR, OCC. BUSINESS, R/O. HAUNSHABAVI, TQ. HIREKERUR, DIST. HAVERI-581115. (OWNER OF MAXI CAB MAHINDRA KA-27/4804) 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, EPIP, RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, STATE RAJASTHAN-302022. ...RESPONDENTS (BY SRI. N.C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO 1. MODIFY BY ENHANCING THE AMOUNT OF COMPENSATION PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI IN MVC NO.512/2014 DATED 28.07.2018 AND ALLOW THE APPEAL. 2. SET ASIDE THE JUDGMENT AND AWARD DATED 28.07.2018 PASSED IN MVC NO.512/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, BYADGI, IN SO FAR AS FASTENED THE LIABILITY ON THE 1ST RESPONDENT IS CONCERNED, BY FIXING THE LIABILITY ON 2ND - 6 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 RESPONDENT INSURANCE COMPANY, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.Nos.508 to 512 of 2014 by the Senior Civil Judge and JMFC and MACT, Byadgi, the claimants in all five claim petitions are before this Court seeking enhancement of the compensation by filing MFA.Nos.100520, 100522, 100521, 100519, 100523/2021 respectively. The Tribunal had disposed of all these claim petitions by way of a common order. Hence, this Court is also disposing of these appeals by way of a common order. MFA.No.100520/2021 arising out of MVC.No.508/2014 2. The Tribunal by the order impugned had granted the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 20,000/- 2. Loss of amenities and : Rs. 20,000/- - 7 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 future unhappiness 3. Loss of future earnings on account of permanent disability : Rs. 63,000/- 4. Medical expenses : Rs. 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 6. Incidental expenses : Rs. 10,000/- TOTAL : Rs. 1,28,000/- 3. Learned counsel appearing for the claimant submits that the liability is fastened on the owner of the vehicle as the driver of the offending vehicle was not having a valid driving license at the time of the accident. Further, the claimant had sustained fracture of L3 vertebra and the Tribunal under the head of pain and suffering had granted only an amount of Rs.20,000/-. When the disability is assessed at 7.5%, only Rs.20,000/- is granted towards loss of amenities. Coming to the loss of future earnings, on account of disability, the Tribunal had granted only an amount of Rs.63,000/-. Coming to the loss of income during laid up period and towards incidental expenses, only an amount of Rs.10,000/- each is awarded. Further, it is submitted that the Tribunal ought to have - 8 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 assessed the notional income of the claimant at Rs.7,000/- per month while determining the compensation. 4. Learned counsel appearing for the Insurance Company submits that, the Tribunal has rightly granted the compensation and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of liability, though the driver was not holding a valid driving licence at the time of the accident, as the claimant is a third party, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 6. Then coming to the aspect of quantum, considering the injuries that are sustained by the claimant, this Court deems it appropriate to enhance Rs.10,000/- under the head of pain and suffering which comes to Rs.30,000/-. Considering the disability at 8%, it is appropriate to enhance Rs.10,000/- towards loss of amenities, which comes to Rs.30,000/-. Coming to the head of loss of future earning capacity, by - 9 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 taking the notional income of the claimant at Rs.7,000/- per month, the claimant is entitled for Rs.94,080/- (Rs.7,000x12 x14x8/100). The Tribunal had rightly granted medical expenses at Rs.5,000/- and this Court is not interfering with the same. Then coming to the loss of income during laid up period, this Court is granting a sum of Rs.21,000/- (Rs.7,000x3 months). Coming to the incidental expenses, considering the hospitalization, this Court is granting an amount of Rs.20,000/-. 7. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 20,000/- 30,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 30,000/- 3. Loss of future earnings on account of permanent disability : Rs. 63,000/- 94,080/- 4. Medical expenses : Rs. 5,000/- 5,000/- 5. Compensation towards loss of : Rs. 10,000/- 21,000/- - 10 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 income during laid up period 6. Incidental expenses : Rs. 10,000/- 20,000/- TOTAL : Rs. 1,28,000/- 2,00,080/- 8. Altogether, the claimant is entitled for an amount of Rs.2,00,080/-. MFA.No.100522/2021 arising out of MVC.No.509/2014 9. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 20,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 3. Loss of future earnings on account of permanent disability : Rs. 56,250/- 4. Medical expenses : Rs. 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 6. Incidental expenses : Rs. 10,000/- TOTAL : Rs. 1,21,250/- 10. Learned counsel appearing for the claimant submits that the liability is fastened on the owner of the vehicle as the - 11 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 driver of the offending vehicle was not having a valid driving license at the time of the accident. Further, the claimant had sustained fracture of L3 vertebra and the Tribunal had granted only an amount of Rs.20,000/- towards pain and suffering. When the disability is assessed at 8%, only an amount of Rs.20,000/- is granted towards loss of amenities. Coming to the loss of future earnings, the Tribunal had taken the income of the claimant at Rs.5,000/- instead of an amount of Rs.7,000/-. It is submitted that the Tribunal had granted only an amount of Rs.10,000/- towards loss of income during laid up period and towards incidental expenses, only an amount of Rs.10,000/- is awarded. It is submitted that on all counts, the compensation needs to be enhanced. 11. Learned counsel appearing for the Insurance Company submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 12. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, though the driver was not holding a valid - 12 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 driving licence at the time of the accident, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 13. Coming to the compensation, considering the fracture sustained by the claimant, this Court is granting an mount of Rs.30,000/- under the head of pain and suffering. Considering the disability of 8%, this Court is granting an amount of Rs.30,000/- towards loss of amenities and future unhappiness. Considering the fact that this accident had taken place in the year 2013, this Court is taking the income of the claimant at Rs.7,000/- per month. Hence, towards loss of future earnings, this court is granting an amount of Rs.94,080/- (Rs.7,000x12x14x8/100). The Tribunal had rightly granted an amount of Rs.5,000/- towards medical expenses and no interference is called for. Towards loss of income during laid up period, for three months, this Court is granting an amount of Rs.21,000/- (Rs.7,000x3). Towards incidental expenses, this Court is granting an amount of Rs.20,000/-. - 13 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 14. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 20,000/- 30,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 30,000/- 3. Loss of future earnings on account of permanent disability : Rs. 56,250/- 94,080/- 4. Medical expenses : Rs. 5,000/- 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 21,000/- 6. Incidental expenses : Rs. 10,000/- 20,000/- TOTAL : Rs. 1,21,250/- 2,00,080/- 15. Altogether, the claimant is entitled for an amount of Rs.2,00,080/-. MFA.No.100521/2021 arising out of MVC.No.510/2014 16. The Tribunal had awarded the compensation as per the table given below: - 14 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 10,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 3. Loss of future earnings on account of permanent disability : Rs. 51,000/- 4. Medical expenses : Rs. 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 5,000/- 6. Incidental expenses : Rs. 10,000/- TOTAL : Rs. 1,01,000/- 17. Learned counsel appearing for the claimant submits that the liability is fastened on the owner of the vehicle as the driver of the offending vehicle was not having a valid driving license at the time of the accident. It is submitted that the claimant had sustained injury of dislocation of shoulder and under the head of pain and sufferings, the Tribunal had granted only an amount of Rs.10,000/-. Towards loss of amenities, considering the disability as 5%, the Tribunal had granted only an amount of Rs.20,000/-. Coming to the loss of future earnings, the Tribunal had taken the income at Rs.5,000/- and towards loss of income during laid up period also, an amount of Rs.5,000/- was granted which is not just and reasonable. - 15 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 18. Learned counsel appearing for the Insurance Company submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 19. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, though the driver was not holding a valid driving licence at the time of the accident, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 20. Coming to the compensation, considering the injury sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards pain and suffering. Towards loss of amenities, considering the disability at 6%, this Court is granting an amount of Rs.30,000/-. Considering the income of the claimant at Rs.7,000/- per month, towards loss of future earnings, this Court is granting an amount of Rs.85,680/- (Rs.7,000x12x17x6/100). The Tribunal had rightly granted an amount of Rs.5,000/- towards medical expenses and no interference is called for. Towards loss of income during laid - 16 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 up period, for three months, this Court is granting an amount of Rs.21,000/- (Rs.7,000x3). Towards incidental expenses, this Court is granting an amount of Rs.20,000/-. 21. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 10,000/- 30,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 30,000/- 3. Loss of future earnings on account of permanent disability : Rs. 51,000/- 85,680/- 4. Medical expenses : Rs. 5,000/- 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 5,000/- 21,000/- 6. Incidental expenses : Rs. 10,000/- 20,000/- TOTAL : Rs. 1,01,000/- 1,91,680/- 22. Altogether, the claimant is entitled for an amount of Rs.1,91,680/-. - 17 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 MFA.No.100519/2021 arising out of MVC.No.511/2014 23. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 20,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 3. Loss of future earnings on account of permanent disability : Rs. 41,250/- 4. Medical expenses : Rs. 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 6. Incidental expenses : Rs. 10,000/- TOTAL : Rs. 1,06,250/- 24. Learned counsel appearing for the claimant submits that the liability is fastened on the owner of the vehicle as the driver of the offending vehicle was not having a valid driving license at the time of the accident. It is submitted that the claimant had sustained fracture of patella bone and under the head of pain and suffering, the Tribunal had granted only an amount of Rs.20,000/-. The Tribunal had considered the disability at 6.25% which is on the lower side and granted an - 18 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 amount of Rs.20,000/- towards loss of amenities. The Tribunal had taken the income of the claimant at Rs.5,000/- per month instead of an amount of Rs.7,000/- per month and towards loss of income during laid up period, an amount of Rs.10,000/- was granted which is not just and reasonable. 25. Learned counsel appearing for the Insurance Company submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 26. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, though the driver was not holding a valid driving licence at the time of the accident, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 27. Coming to the compensation, considering the injury sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards pain and suffering. Towards loss of amenities, considering the disability at 8%, this Court is granting an amount of Rs.30,000/-. Considering the income of - 19 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 the claimant at Rs.7,000/- per month, towards loss of future earnings, this Court is granting an amount of Rs.73,920/- (Rs.7,000x12x11x8/100). The Tribunal had rightly granted an amount of Rs.5,000/- towards medical expenses and no interference is called for. Towards loss of income during laid up period, for three months, this Court is granting an amount of Rs.21,000/- (Rs.7,000x3). Towards incidental expenses, this Court is granting an amount of Rs.20,000/-. 28. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 20,000/- 30,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 30,000/- 3. Loss of future earnings on account of permanent disability : Rs. 41,250/- 73,920/- 4. Medical expenses : Rs. 5,000/- 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 21,000/- - 20 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 6. Incidental expenses : Rs. 10,000/- 20,000/- TOTAL : Rs. 1,06,250/- 1,79,920/- 29. Altogether, the claimant is entitled for an amount of Rs.1,79,920/-. MFA.No.100523/2021 arising out of MVC.No.512/2014 30. The Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 15,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 3. Loss of future earnings on account of permanent disability : Rs. 36,750/- 4. Medical expenses : Rs. 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 6. Incidental expenses : Rs. 10,000/- TOTAL : Rs. 96,750/- 31. Learned counsel appearing for the claimant submits that the liability is fastened on the owner of the vehicle as the driver of the offending vehicle was not having a valid driving - 21 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 license at the time of the accident. It is submitted that the claimant had sustained fracture of L3 and L4 vertebra and under the head of pain and suffering, the Tribunal had granted only an amount of Rs.15,000/-. The Tribunal had considered the disability at 8.75% which is on the lower side and granted an amount of Rs.20,000/- towards loss of amenities. The Tribunal had taken the income of the claimant at Rs.5,000/- per month instead of an amount of Rs.7,000/- per month and towards loss of income during laid up period, an amount of Rs.10,000/- was granted which is not just and reasonable. 32. Learned counsel appearing for the Insurance Company submits that the Tribunal had granted just and reasonable compensation and no enhancement is called for. 33. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of liability, though the driver was not holding a valid driving licence at the time of the accident, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. - 22 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 34. Coming to the compensation, considering the injury sustained by the claimant, this Court is granting an amount of Rs.30,000/- towards pain and suffering. Towards loss of amenities, considering the disability at 11%, this Court is granting an amount of Rs.30,000/-. Considering the income of the claimant at Rs.7,000/- per month, towards loss of future earnings, this Court is granting an amount of Rs.64,680/- (Rs.7,000x12x7x11/100). The Tribunal had rightly granted an amount of Rs.5,000/- towards medical expenses and no interference is called for. Towards loss of income during laid up period, for three months, this Court is granting an amount of Rs.21,000/- (Rs.7,000x3). Towards incidental expenses, this Court is granting an amount of Rs.20,000/-. 35. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 15,000/- 30,000/- 2. Loss of amenities and future unhappiness : Rs. 20,000/- 30,000/- - 23 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 3. Loss of future earnings on account of permanent disability : Rs. 36,750/- 64,680/- 4. Medical expenses : Rs. 5,000/- 5,000/- 5. Compensation towards loss of income during laid up period : Rs. 10,000/- 21,000/- 6. Incidental expenses : Rs. 10,000/- 20,000/- TOTAL : Rs. 96,750/- 1,70,680/- 36. Altogether, the claimant is entitled for an amount of Rs.1,70,680/-. 37. Accordingly, MFA.No.100520/2021 filed by the claimant in MVC.No.508/2014 is partly allowed by enhancing the compensation from an amount of Rs.1,28,000/- to Rs.2,00,080/-. 38. MFA.No.100522/2021 filed by the claimant in MVC.No.509/2014 is partly allowed by enhancing the compensation from an amount of Rs.1,21,250/- to Rs.2,00,080/-. 39. MFA.No.100521/2021 filed by the claimant in MVC.No.510/2014 is partly allowed by enhancing the - 24 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 compensation from an amount of Rs.1,01,000/- to Rs.1,91,680/-. 40. MFA.No.100519/2021 filed by the claimant in MVC.No.511/2014 is partly allowed by enhancing the compensation from an amount of Rs.1,06,250/- to Rs.1,79,920/-. 41. MFA.No.100523/2021 filed by the claimant in MVC.No.512/2014 is partly allowed by enhancing the compensation from an amount of Rs.96,750/- to 1,70,680/-. i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment and shall recover the same from the owner of the vehicle. On such deposit, the claimant is entitled to withdraw the entire amount. iii. The Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. - 25 - HC-KAR NC: 2026:KHC-D:2132 MFA No. 100520 of 2021 C/W MFA No. 100519 of 2021 MFA No. 100521 of 2021 MFA No. 100522 of 2021 MFA No. 100523 of 2021 iv. On 02.03.2023, delay of 749 days in filing MFA.Nos.100520, 100519, 100521 and 100522/2021 and delay of 718 days in filing MFA.No.100523/2021 is condoned by this Court, on the condition that the claimants will not be entitled for the interest. Hence, Insurance company is not liable to pay the interest for the delay period. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH-till para 8; MEG-from para 9; CT: UMD List No.: 2 Sl No.: 97