Karnataka High Court

Ravi vs The Manager on 1 April, 2025

                                           -1-
                                                        NC: 2025:KHC:13678
                                                     MFA No. 8543 of 2015
                                                 C/W MFA No. 7449 of 2015




                   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. 8543 OF 2015 (MV-I)
                                       C/W
                 MISCELLANEOUS FIRST APPEAL NO. 7449 OF 2015

            IN MFA No. 8543/2015

            BETWEEN:

                 THE BRANCH MANAGER
                 SHRIRAM GENERAL INSURANCE COMPANY LTD.,
                 S.N.S. CORNER BUILDING,
                 3RD FLOOR, OPP BOWRING HOSPITAL
                 SHIVAJINAGAR,
                 BANGALORE-560 027

                 NOW REPRESENTED BY
                 ITS MANAGER,
Digitally        M/S SHRIRAM GENERAL INSURANCE
signed by        COMPANY LTD.,
SUVARNA T        NO.5/4, 3RD FLOOR, S.V. ARCADE,
Location:        BILAKAHALLI MAIN ROAD,
HIGH             OFF BG ROAD, IIM POST,
COURT OF         BANGALORE-560 076
KARNATAKA                                                     ...APPELLANT
            (BY SRI.B.PRADEEP, ADVOCATE)

            AND:

            1.   RAVI
                 S/O NINGEGOWDA,
                 NOW AGED ABOUT 34 YEARS,
                 R/AT NO.187, 7TH MAIN,
                 NEAR KRISHNA BAKERY,
                 NARASIPURA LAYOUT,
                 VIDYARANYAPURA,
                               -2-
                                           NC: 2025:KHC:13678
                                        MFA No. 8543 of 2015
                                    C/W MFA No. 7449 of 2015



     BANGALORE-560 097

2.   SHABEER AHAMED
     S/O BASHEER AHAMED,
     1ST CROSS, BASAVANAGUDI,
     GUTHAL ROAD, MANDYA-571 401

3.   MR.MUNILINGACHAR
     S/O SIDDACHAR,
     KORBANAHLLI VILLAGE, R.DODDI POST,
     SOMANATHAPURA, KANAKAPURA,
     RAMANAGARA DISTRICT
                                              ...RESPONDENTS
(BY SRI.SHRIPAD V. SHASTRI, ADVOCATE FOR R1
    V/O/D 13/2/2022 NOTICE TO R2 D/W)

     THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:15.7.2015 PASSED IN MVC
NO.5518/2013 ON THE FILE OF THE 19TH ADDITIONAL SMALL
CAUSES JUDGE, MACT, BENGALURU, AWARDING A COMPENSATION
OF RS.3,66,342/- OUT OF WHICH HE IS ENTITLED FOR
COMPENSATION TO THE EXTENT OF 75% i.e. RS.2,47,756/- WITH
INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS
REALIZATION ON RS.2,17,756/- AS THE COMPENSATION AWARDED
TOWARDS FUTURE MEDICAL EXPENSES DOES NOT CARRY ANY
INTEREST.

IN MFA NO. 7449/2015

BETWEEN:

     RAVI
     S/O NINGEGOWDA,
     AGED ABOUT 34 YEARS,
     R/AT NO.187, 7TH MAIN,
     NEAR KRISHNA BAKERY
     NARASIPURA LAYOUT,
     VIDYARANYAPURAR
     BANGALORE-97
                                                 ...APPELLANT
(BY SRI. SHRIPAD V SHASTRI, ADVOCATE)

AND:

1.   THE MANAGER
     SHRIRAM GNERAL INSURANCE CO. LTD.,
                              -3-
                                            NC: 2025:KHC:13678
                                       MFA No. 8543 of 2015
                                   C/W MFA No. 7449 of 2015



     S.N.S. CORNER BUILDING,
     3RD FLOOR, OPP BOWRING HOSPITAL
     SHIVAJINAGAR,
     BANGALORE-27

2.   MR.SHABEER AHAMED
     S/O BASHEER AHAMED
     1ST CROSS, BASAVANAGUDI,
     GUTHAL ROAD, MANDYA-571 401

3.   MR. MUNILINGACHAR
     S/O SIDDACHAR,
     KORBANAHALLI VILLAGE
     R DODDI POST, SOMANATHAPURA,
     SATHANUR HOBLI, KANAKAPURA,
     RAMANAGARA DISTRICT-581 453
                                               ...RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R1
    R3- SERVED AND UNREPRESENTED
    V/O/D 27/1/2020- NOTICE TO R2 IS H/S)

    THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:15.07.2015 PASSED IN MVC
NO.5518/2013 ON THE FILE OF THE XIX ADDITIONAL SMALL
CAUSES JUDGE AND MACT, BENGALURU, PARTLY ALLOWING THE
CLAIM   PETITION  FOR   COMPENSATION    AND   SEEKING
ENHANCEMENT OF COMPENSATION.

     THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE SMT. JUSTICE LALITHA KANNEGANTI


                    ORAL JUDGMENT

Aggrieved by the judgment and award passed in

M.V.C.No.5518/2013 dated 15.07.2015 by the XIX Additional

Senior Civil Judge and Motor Accident Claims Tribunal,

Bangalore, both the Insurance Company and the claimant are

before this Court. The Insurance Company appeal is MFA.

NC: 2025:KHC:13678

No.8543/2015 and the claimant appeal is MFA.No.7449/2015.

The claim petition is filed seeking compensation of an amount

of Rs.6,00,000/- for the injuries sustained in the motor vehicle

accident.

2. It is the case of the claimant that on 20.09.2013 at

about 4:45 p.m., the claimant was proceeded by riding the

motorcycle. At that time a pick up van luggage auto rickshaw

came with high speed in a rash and negligent manner from the

opposite direction dashed to the motorcycle of the claimant.

As a result claimant fell down and sustained injuries, he was

taken to the hospital in an ambulance. After first aid he was

shifted to KIMS Hospital. The claimant spent huge amount for

treatment and other expenses. It is the case of the claimant

that he was working as a cashier at Ishwarya Bar and

Restaurant and earning Rs.6000/- per month and as per the

evidence of the doctor he had sustained 40% disability to the

limb and 12% to the whole body. The tribunal had taken

Rs.6000/- as income and the tribunal had granted an amount

of Rs.3,66,342/- as a compensation as per the table given

below:

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Sl. Heads Compensation No. Awarded

1. Pain and agony : Rs. 50,000/-

2. Medical Expenses : Rs. 54,462/-

3. Disability : Rs. 1,46,880/-

4. Loss of income : Rs. 30,000/-

5. Food & nourishment : Rs. 40,000/-

6. Attendant charges : Rs. 15,000/-

             Future medical          :
       7.                                Rs.          30,000/-
             expenses
             TOTAL                   : Rs.           3,66,342/-

3. When it comes to the liability, the tribunal has held

that the driver of the offending vehicle is having a license to

drive a LMV non-transport vehicle and he was driving a

transport vehicle as such insurance company is not liable to

pay the compensation and when it comes to the

compensation, it is said that there is a contributory negligence

on the part of the claimant as he was not having a driving

license and he has also contributed to the accident, the trial

Court had fixed the contributory negligence to an extent of

25% on the claimant and accordingly directed the insurance

company to pay 75% of Rs.3,66,342/- i.e., 2,47,756/-.

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4. Learned counsel appearing for the insurance company

submits that the tribunal had fixed the liability on the

insurance company in spite of the fact that the driver of the

offending vehicle was not having a valid driving license.

Further, it is submitted that the compensation that was

awarded by the tribunal is on the higher side.

5.Learned counsel appearing for the respondent/

claimant submits that the tribunal had not granted reasonable

compensation and there is no basis for fixing the contributory

negligence and it is submitted that the compensation that is

awarded is not just and reasonable.

6. Having heard the counsel on either side, perused the

material on record. Coming to the liability, the trial Court had

rightly held that the insurance company is liable to pay the

compensation. In the light of the law laid down by the Hon'ble

Apex Court in the case of Mukund Dewangan Vs. Oriental

Insurance Company Limited1 with regard to transport and

non-transport LMV license the Insurance Company is liable to

pay the compensation and no interference is called for.

AIR 2017 SC 3668

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7. Then coming to the contributory negligence, the trial

Court had framed the issue, there was no discussion, no

evidence just because the claimant is not having a driving

license, that itself cannot be a ground to come to the

conclusion that there is contributory negligence on part of the

claimant. This court has perused the order, absolutely except

framing the issues, the tribunal without any basis, without any

discussion had fixed the contributory negligence on the

claimant at 25%, without any findings. In view of the same,

the said findings of the tribunal needs to be set aside, and

then coming to the compensation learned counsel submits that

no amount is granted under the head of the loss of amenities .

Hence, this court is granting an amount of Rs.20,000/-

towards amenities. The compensation granted by the

tribunal on all other heads needs no interference.

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 ANOTHER, the claimant is entitled for an amount of

Rs.10,000/- towards Legal Expenses.

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9.The claimant is therefore, entitled to the compensation

under the following heads:

               Heads               Compensation       Compensation
                                    Awarded by         Awarded by
                                     Tribunal           this Court
1. Pain and agony            Rs.           50,000/-        50,000/-
2. Medical Expenses          Rs.           54,462/-        54,462/-
3. Disability                Rs.         1,46,880/-    1,46,880/-
4. Loss of income            Rs.           30,000/-        30,000/-
5. Food & nourishment        Rs.           40,000/-        40,000/-
6. Attendant charges         Rs.           15,000/-        15,000/-
       Future medical
7.                           Rs.           30,000/-        30,000/-
       expenses
8. Loss of amenities         Rs.               00/-        20,000/-
9. Legal expenses            Rs.               00/-        10,000/-
       TOTAL                 Rs.         3,66,342/-    3,96,342/-



 i.     Accordingly, the appeal filed by the claimant

        MFA.No.7449/2015      is     Partly      Allowed     by

enhancing the compensation from an amount of

Rs. 3,66,342/- to Rs. 3,96,342/-. The appeal of

the Insurance Company MFA No. 8543/2015 is

dismissed.

ii. The enhanced amount shall carry interest at 6%

per annum from the date of petition till the date of

realization.

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iii. Respondent-Insurance Company shall deposit the

said compensation amount with accrued interest

before the tribunal within a period of 8 (Eight)

weeks.