- 1 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1845 OF 2024(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.1503 OF 2024(MV-I) IN MFA NO.1845/2024: BETWEEN: 1. SMT. KAMAKSHI @ KAMAKSHAMMA AGED ABOUT 38 YEARS W/O. LATE NAGARAJAPPA 2. KUMARI SHRUTHI AGED ABOUT 18 YEARS D/O. LATE NAGARAJAPPA 3. MASTER GOWTHAM NAYAK K. N. AGED ABOUT 15 YEARS S/O. LATE NAGARAJAPPA 4. SMT. THIPPAKKA AGED ABOUT 68 YEARS W/O. ADIMURTHAPPA APPELLANT NO.3 IS SINCE MINOR REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE APPELLANT NO.1 HEREIN ALL ARE RESIDENTS OF KATANAKALLU VILLAGE NAGARAGERE HOBLI Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 GOWRIBIDANUR CHIKKABALLAPURA-561 208 …APPELLANTS (BY SRI NAGARAJA REDDY D., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD. NO.28, UNITY BUILDING ANNEX. P. KALINGA RAO ROAD (MISSION ROAD) BENGALURU-560 027 REP. BY ITS MANAGER 2. ZOOM CAR INDIA PVT. LTD. 2ND FLOOR, TOWER “B” DIAMOND DISTRICT HAL AIRPORT ROAD BENGALURU-560 017 REP. BY ITS MANAGER 3. SRI AMJAD AGED ABOUT 72 YEARS S/O. BABA JAN R/AT CHIKKAJALA BENGALURU NORTH TALUK BENGALURU-562 157 …RESPONDENTS (BY SMT. GEETHA R., ADVOCATE FOR R-1; SRI VENKATASWAMY T. GOWDA, ADVOCATE FOR R-3; VIDE ORDER DATED 27/02/2026, NOTICE TO R-2 IS H/S.) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.09.2023 PASSED IN MVC NO.42/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT, GOWRIBIDANUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 IN MFA NO.1503/2024: BETWEEN: SRI K. C. RAVIKUMAR AGED ABOUT 37 YEARS S/O. CHINNAPPA R/AT NO.159, KATANAKALLU VILLAGE NAGARAGERE HOBLI, GORIBIDANURU CHIKKABALLAPURA DISTRICT-561 208 ...APPELLANT (BY SRI NAGARAJA REDDY D., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD. NO.28, UNITY BUILDING ANNEX. P. KALINGA RAO ROAD (MISSION ROAD) BENGALURU-560 027 REP. BY ITS MANAGER 2. ZOOM CAR INDIA PVT. LTD. 2ND FLOOR, TOWER “B” DIAMOND DISTRICT HAL AIRPORT ROAD BENGALURU-560 017 REP. BY ITS MANAGER 3. SRI AMJAD AGED ABOUT 72 YEARS S/O. BABA JAN R/AT CHIKKAJALA BENGALURU NORTH TALUK BENGALURU-562 157 ...RESPONDENTS (BY SMT. GEETHA R., ADVOCATE FOR R-1; SRI VENKATASWAMY T. GOWDA, ADVOCATE FOR R-3; VIDE ORDER DATED 27/02/2026, NOTICE TO R-2 IS H/S.) - 4 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2023 PASSED IN MVC NO.43/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT, GOWRIBIDANUR, 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 IN MFA NO.1845/2024: The Tribunal passed a common award in MVC Nos. 42/2017 and 43/2017 dated 30.09.2023 passed by the Senior Civil Judge and JMFC & Addl. MACT, Gowribidanur. MFA No.1845/2024 is filed by the claimants against MVC No. 42/2017. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The case of the appellants is that one Nagarajappa, son of Adimurthyappa (deceased), met with an accident on - 5 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 08.12.2016 and died subsequently. His wife, children and parents filed claim petition, claiming compensation of Rs.35,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.14,96,250/- with interest at the rate of 6% p.a. from date of petition till realisation. 4. Aggrieved by the said award, he preferred an appeal and stated that Nagarajappa was doing real estate business and was earning Rs.15,000/- per month. But the Tribunal has taken his income as Rs.8,750/- which is on lower side. The future prospects is to be granted at the rate of 40%, but it was not considered and the amount granted under other heads are meager. Therefore, requested for enhancement of the compensation. 5. Though it is stated that Nagarajappa was earning Rs.15,000/- per month, claimants have not filed any income proof, as he met with an accident in the year 2016, his notional income is to be taken as Rs.9,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 37 years and the multiplier taken is 15. He is entitled for 40% towards future prospects and 1/4th is to be deducted - 6 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 towards personal expenses. Hence, loss of dependency is calculated as Rs.13,300(9,500+40%)x12x15–¼ = Rs.17,95,500/-(23,94,000-5,98,500). Further, petitioner No.1/wife is entitled for Rs.48,000/- towards spousal consortium. Peritioner Nos.2 and 3 are entitled for parental consortium of Rs.48,000/- by each of them. Also, the petitioner Nos.4 and 5 are entitled for filial consortium of Rs.48,000/- by each of them. They are also entitled for an amount of Rs.36,000/- under the conventional heads. 6. As there was no valid driving licence, the Tribunal directed the owner of the vehicle to pay the compensation amount. However, in such circumstances, this Court finds it appropriate to invoke the principle of “pay and recovery,” in view of the judgment of the Supreme Court in Pappu & Others v. Vinod Kumar Lamba & Another reported in (2018) 3 SCC 308. Therefore, Insurance Company is directed to deposit the entire compensation. 7. Thus in all, components awarded by this court are as below, - 7 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.14,96,250/- to Rs.20,23,500/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 30.09.2023 passed by the Senior Civil Judge and JMFC & Addl. MACT, Gowribidanur, is hereby modified. iii. The claimants are entitled for a sum of Rs.20,23,500/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.14,96,250/- granted by the tribunal. Sl. Nos. Particulars Amount in Rs. 1 Towards loss of dependency 17,95,500 2 Towards loss of consortium 1,92,000 3 Conventional heads 36,000 Total 20,23,500 - 8 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 iv. Petitioner Nos.4 and 5 are the parents of the deceased. However, it is brought to the notice of this Court that petitioner No. 4 has expired. Therefore, a sum of Rs. 3,00,000/- along with interest at the rate of 6% per annum is apportioned in favour of petitioner No. 5, and she is permitted to withdraw the entire amount along with the interest accrued thereon. v. Further, a sum of Rs. 6,00,000/- each, is apportioned in favour of the minor petitioner Nos.2 and 3 and the said amounts shall be kept in fixed deposit in any nationalised Bank until they attain the age of majority. vi. Petitioner No.1, the wife of deceased, is permitted to withdraw the remaining compensation amount along with the interest accrued on the same. IN MFA No.1503/2024 9. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 30.09.2023 passed by the Senior Civil Judge and JMFC & Addl. MACT, Gowribidanur. MFA - 9 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 No.1503/2024 is filed by the claimant against MVC No. 43/2017. 10. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. 11. Injured claimant met with an accident on the intervening night of 08.12.2016 and 09.12.2016 at about 1.30 a.m and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted Rs.5,21,000/- with interest at the rate of 6% p.a., from the date of petition till realisation. 12. Aggrieved by the said order, he preferred an appeal and mainly contended that he was in a hospital for a period of 10 days in two spells and they examined the doctor as PW3 and he assessed the disability of the particular limb as 46.71% and that of the whole body as 15.5%. However, the Tribunal erred in assessing the disability at 5%. The compensation awarded under other heads is also meagre. Therefore, enhancement of compensation is sought. - 10 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 13. The petitioner was working as a store assistant and he was aged 27 years and he filed Ex.P23/Salary certificate and Ex.P22/Pan card. Therefore, the Tribunal considering the said documents, has taken the income as Rs.12,500/- per month and it needs no interference. He was aged 27 years and the multiplier taken is 17. As per Ex.P15/wound certificate, he sustained fracture of femur. Exs.P16 and Ex.P17 are the discharge summaries. The petitioner also examined doctor as PW3 and he stated as follows; 1) The petitioner gets pain in the thigh and left hip after doing any strenuous work. 2) The petitioner cannot sit on the Indian Toilet. 3) He has difficulty to sit cross legged, 4) He gets paid in the left hip and thigh if he stands on his left lower limb only, 5) He has limping gait due to shortening of left lower limb, 6) Due to the above problems he has difficulty to do any type of work consistently.” 14. Further, PW.3 issued disability certificate under Ex.P24 and assessed the disability of the left lower limb as 46.7% and that of the whole body as 15.57%. - 11 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 15. Learned counsel for the respondent contended that he was only a store assistant and disability will not have much impact on his work and tribunal thus rightly considered the disability as 5% and it is to be confirmed. This Court finds it reasonable to rely upon the medical evidence regarding disability and finds it reasonable to take the disability as 1/3rd of 46.7% i.e., 16% as per the medical evidence. The loss of future earning capacity is calculated as Rs.12,500 x 12 x 17 x 16% =Rs.4,08,000. The petitioner incurred Rs.2,38,230/- towards medical expenses and the said amount is confirmed. Further, he was hospitalised for a period of 10 days. Considering the nature of injuries and period of hospitalization and other relevant factors, the amounts granted by tribunal towards pain and suffering of Rs.50,000/-, towards loss of amenities of Rs.25,000/-, Rs.5,000/- granted towards the transportation and Rs.75,000/- granted for loss of income during laid up period are just and reasonable and are confirmed. 16. As the liability was fastened on the owner of the vehicle, Insurance Company has not deposited any amount - 12 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 before the Trial Court. As it is a case of no driving licence, this Court finds it reasonable to invoke the principle of pay and recovery as per the citation reported in (2018) 3 SCC 308 in case of Pappu & Others v. Vinod Kumar Lamba & Another. 17. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.5,21,000/- to Rs.8,01,230/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 4,08,000 2 Towards medical expenses 2,38,230 3 Towards loss of earning during laid up period 75,000 4 Towards pain and suffering 50,000 5 Towards loss of amenities 25,000 6 Towards transportation 5,000 Total 8,01,230 - 13 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 18. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 30.09.2023 passed by the Senior Civil Judge and JMFC & Addl. MACT, Gowribidanur, is modified. iii. The claimant is entitled for a sum of Rs.8,01,230/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,21,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.2,80,230/- along with the interest at the rate of 6% within one month from the date of this order. - 14 - HC-KAR NC: 2026:KHC:15194 MFA No. 1845 of 2024 C/W MFA No. 1503 of 2024 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 43