The High Court
Case Details
- 1 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4209 OF 2014 (MV-I) BETWEEN: H.V. KUMARSWAMY S/O VEERAPPA AGED ABOUT 54 YEARS, R/O IN FRONT OF CHURCH,COMPOUND, K.R.EXTENSION TIPTUR TOWN (BY SRI. JAGADEESH H.T., ADVOCATE) …APPELLANT AND: 1. S.S. NATARAJ S/O SIDDALINGAPPA, AGED ABOUT 44 YEARS, R/O HALESH INDUSTRIES HUNCHANAHATTI, ECIHNOOR POST, KASABA HOBLI, TIPTUR TALUK Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA 2. THE ORIENTAL INSURANCE COMPANY LIMITED, JAYADEVA HOSTEL BUILDING, B.H.ROAD, TIPTUR TOWN
Legal Reasoning
(BY SRI.B.S.UMESH, ADVOCATE FOR R2 R1- SERVED AND UNREPRESENTED) …RESPONDENTS THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.02.2014 PASSED IN MVC NO.58/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIV MACT, FOR TIPTUR, COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. PARTLY ALLOWING THE CLAIM PETITION THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 2 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in M.V.C.No.58/2010 dated 18.02.2014 by the Senior Civil Judge and XIV MACT, Tiptur, the appellant/claimant is before this Court seeking enhancement of the compensation and also questioning the liability. The claim petition was filed seeking compensation of an amount of Rs.5,00,000/- for the injuries sustained by the claimant in the road accident. 2. It is the case of the claimant that on 15.02.2006 at about 3:00 p.m., when the claimant was riding his two wheeler at Gurukula hostel road, K.R.Extension, Tiptur, at that point of time, one Yamaha crux bike being driven by its rider with high speed in a rash and negligent manner came from K.R.Extension park road and without applying indicator dashed to the bike and caused the accident. Due to the impact, the claimant sustained grievous injuries all over the body. Immediately, he was shifted to Ashirwad Clinic, Tiptur and on the advice of the doctor he took further treatment at Tumkur and Bangalore hospitals. - 3 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 3. The Tribunal had fastened the liability on the owner of the vehicle as the driver of the offending vehicle was not having a valid driving license. Then coming to the compensation, the Tribunal had granted the compensation as per the table given below: SL. No. 1. Heads Pain and suffering for fractured injuries Compensation Awarded : Rs. 30,000/- 2. Medical Expenses : Rs. 28,000/- 3. Extra nourishment, transportation and other incidental charges : Rs. 5,000/- 4. Attendant charges : Rs. 800/- TOTAL : Rs. 63,800/- 4. Learned counsel appearing for the appellant/claimant submits that the claimant had sustained severe injuries and the Tribunal had not granted a just and reasonable compensation. When it comes to the liability, he submits that even if the claimant is a third party to the insurance policy, as such, even if there is no driving license, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. He submits that when the doctor had - 4 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 deposed that there is disability, the Tribunal had not considered the same and nothing has been granted under the head of loss of income during the laid up period and the compensation that is granted is not reasonable. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the ground with regard to the no driving license and the liability of the Insurance Company, no such ground was taken by the claimant. It is submitted that when it comes to the loss of income during the laid up period, the Tribunal had given a finding with regard to the occupation that the claimant is a business man and nothing has been placed on record to show that the injuries had an impact on his earning. Further, it is submitted that the Tribunal had rightly not considered the disability as per the evidence of the doctor as the fractures are united. It is submitted that no enhancement is required and the Insurance Company has no liability to pay the compensation. 6. Having heard the learned counsels on either side, perused the entire material on record. First, coming to the aspect of liability, the driver of the offending vehicle is not - 5 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 having a valid driving license. The contention of the Insurance Company that such a ground was not taken by the claimant has no legs to stand as it is a legal ground which is available to the party and that can be raised at any time of the proceedings. In the light of the settled law in the case of National Insurance Company Limited Vs. Swaran Singh And Others 1, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 7. Coming to the compensation, as far as not considering the disability is concerned, the Tribunal had rightly passed the order. This Court has perused the evidence of the doctor. In those circumstances, the Tribunal had rightly not granted the compensation. Then coming to the pain and suffering, considering the grievous injuries, this Court is inclined to grant an amount of Rs.40,000/- and towards medical expenses, no interference is called for. Towards extra nourishment, transportation and other incidental expenses and attendant charges, considering the seven days of 1 (200 4 ) 3 SCC 29 7 - 6 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 hospitalization, this Court is granting an amount of Rs.7,000/-. The Tribunal had rightly held that the claimant is not entitled for compensation under the head of loss of income during the laid up period. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled to the compensation under the following heads: SL. No. 1. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court Pain and suffering for fractured injuries : Rs. 30,000/- 40,000/- 2. Medical Expenses : Rs. 28,000/- 28,000/- 3. 4. Extra nourishment, transportation and other incidental charges, attendant charges : Rs. 5,800/- 7,000/- Legal Expenses TOTAL Enhancement : Rs. : Rs. : Rs. 00/- 63,800/- 10,000/- 85,000/- 21,200/- 2 (2014) 11 SCC 178 - 7 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 10. Altogether, the claimant is entitled for compensation of an amount of Rs.85,000/-. 11. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.63,800/- to Rs.85,000/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. iii. The respondent No.2 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. No costs. - 8 - NC: 2025:KHC:13563 MFA No. 4209 of 2014 vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 8