- 1 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2740 OF 2025 (MV-I) BETWEEN: THE BRANCH MANAGER M/S. UNITED INDIA INSURANCE CO.LTD., B.H.ROAD, SHIVAMOGGA. REPT. BY ITS REGIONAL MANAGER. REGIONAL OFFICE, TP-HUB SHIMOGA, RUB BUILDING, AA CIRCLE, BH ROAD, SHIVAMOGGA - 577 201. …APPELLANT (BY SRI. SHANKARA REDDY C, ADVOCATE) AND: 1. SRI. AMITH G S S/O. SUDHEER. G.M, AGED ABOUT 24 YEARS, R/AT. GODUR VILLAGE, MALUR, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT. 2. SRI. SRINIVASA, S/O. KRISHNAPPA, AGED ABOUT 41 YEARS, R/AT. NEAR COUNTRY CLUB, VIDYANAGARA, SHIVAMOGGA CITY, SHIVAMOGGA DISTRICT. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 3. SRI. RAMACHANDRA, S/O. KRISHNAPPA, AGED ABOUT 44 YEARS, R/AT. AGRAHARA, GAJANOOR VILLAGE, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. SHRIPAD V. SHASTRY, ADVOCATE FOR R1; VIDE ORDER DATED 08.04.2026, NOTICE TO R2 AND R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2025 PASSED IN MVC NO.274/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, AND ADDITIONAL MACT-14, THIRTHAHALLI, AWARDING COMPENSATION OF RS. 6,80,165/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant-Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 16.01.2025 passed in MVC No.274/2020 on the file of the Senior Civil Judge and JMFC, Thirthahalli. - 3 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 2. Heard the arguments of both sides. The ranks of the parties shall be referred to as per their status before the Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 19.05.2019 and filed a claim petition claiming compensation of Rs.14,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.6,80,165/- with interest at the rate of 9% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the Insurance Company has preferred this appeal and mainly contended that the Tribunal ought to have dismissed the claim petition against the Insurance company with exemplary costs. It is contended that the owner of the vehicle has not produced the permit before the Court or in the office of respondent No.3, yet the Tribunal has fastened the liability on the Insurance Company without reserving the liberty to recover the same from the owner - 4 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 and it is contrary to the facts and circumstances of the case. 4. It is further contended that the Tribunal erred in taking the disability as 20% instead of 10% and granted Rs.4,75,200/- towards loss of future earnings due to permanent disability, which is on the higher side. The amounts granted under other heads are also on higher side and to be reduced marginally. It is contended that the interest is to be granted at the rate of 6% instead of 9% per annum. 5. Though the petitioner stated that he was doing agriculture and earning Rs.15,000/- per month, he has not produced any proof of income. As he met with an accident in the year 2019, his notional income is to be taken as Rs.14,000/- per month. The petitioner was aged 19 years and the relevant multiplier applicable is 18. 6. As per Ex.P7 and Ex.P8 - wound Certificates, the claimant has sustained ten injuries, out of which, - 5 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 injury Nos.4, 9 and 10 are grievous in nature and the remaining injuries are simple. PW2-doctor deposed that the claimant sustained the following injuries: i) L-3 fracture ii) Left fifth metatarsal fracture iii) Bilateral high condylar fracture of the mandible iv) Bylateral lung contusion v) Public Symphythasis strain PW2 further deposed that the spine injury was managed conservatively with a rigid lumbosacral corset. The left foot fifth metatarsal fracture was managed conservatively with a plaster cast. The mandible fracture was managed by the OMFS department. The petitioner is not able to squat, kneel down, sit cross-legged on the ground. He had pain in his left foot on standing for long duration and while walking long distance. The claimant was admitted in the hospital for a period of 21 days as per the discharge summary filed - 6 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 before the Court. The doctor assessed the disability as 13% permanent physical impairment to the spine and locomotor system and 16% permanent physical impairment in the lower limb. Taking one-third of the total 29% disability comes to 10%. Therefore, loss of future earning capacity comes to Rs.14,000/- x 12 x 18 x 10% = Rs.3,02,400/-. The Tribunal has granted Rs.73,965/- towards medical expenses as per the relevant medical records and it is confirmed. The Tribunal has also granted Rs.80,000/- for pain and suffering and Rs.30,000/- for loss of amenities and they are confirmed. Further, the petitioner is entitled for Rs.30,000/- towards transportation, extra nourishment and attendant charges. Considering the nature of injuries, the claimant might not have attended any other work atleast for a period of three months. Therefore, Rs.42,000/- (Rs.14,000 x 3) is granted under the head loss of income during laid up period. - 7 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 7. Thus in all, compensation awarded by this Court is as below: 8. Compensation is reduced from Rs.6,80,165/- to Rs.5,58,365/-. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 16.01.2025 passed in MVC No.274/2020, Particulars Amount in Rs. Loss of future earning capacity 3,02,400 Pain and suffering 80,000 Loss of amenities 30,000 Transportation, extra nourishment and attendant charges 30,000 Medical expenses 73,965 Loss of income during laid up period 42,000 Total 5,58,365 - 8 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 by Senior Civil Judge and JMFC, Thirthahalli, is modified; iii. The claimant is entitled to a sum of Rs.5,58,365/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.6,80,165/- granted by the tribunal. iv. Insurance Company has already deposited 50% of the awarded amount and also statutory amount of Rs.25,000/- before the Tribunal. Therefore, Insurance Company is directed to deposit the balance compensation along with the interest at the rate of 6% within one month from the date of this order. v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. - 9 - HC-KAR NC: 2026:KHC:19651 MFA No. 2740 of 2025 vi. I.A.No.2/2025 is closed in view of the disposal of the main appeal. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 19