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Karnataka High Court
Reliance Gen. Ins. Co. Ltd vs Vishnu And Anr on 9 February, 2026
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NC: 2026:KHC-K:1176
MFA No. 201341 of 2022
C/W MFA No. 201787 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISC. FIRST APPEAL NO.201341 OF 2022 (MV-I)
C/W
MISC. FIRST APPEAL NO.201787 OF 2022 (MV-I)
IN MFA No.201341/2022:
BETWEEN:
VISHNU S/O LAXMAYYA,
AGE: 25 YEARS, OCC: LABOUR (NOW NIL),
R/O. H.NO.4-35, CHANDRIKI VILLAGE,
TQ. AND DIST.YADAGIRI.
...APPELLANT
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
Digitally signed by AND:
KHAJAAMEEN
MALAGHAN 1. ASHOK S/O CHANDRAPPA,
Location: HIGH AGE: 42 YEARS, OCC: OWNER OF AUTO
COURT OF BEARING REG.NO.KA-33/A-2144,
KARNATAKA
R/O. H.NO.4-35, CHANDRIKI VILLAGE,
TQ. AND DIST. YADAGIRI-585 203.
2. RELIANCE GENERAL INSURANCE CO. LTD.,
ASIAN PLAZA, NEAR TIMMAPURI CIRCLE,
KALABURAGI-585 102
THROUGH ITS MANAGER,
CLAIMS DEPARTMENT.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
R1 SERVED)
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NC: 2026:KHC-K:1176
MFA No. 201341 of 2022
C/W MFA No. 201787 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL, THE
JUDGMENT AND AWARD DATED 18.01.2022 PASSED IN
MVC.NO.276/2020 BY THE LEARNED MEMBER MACT-II AT
YADGIRI, MAY KINDLY BE MODIFIED BY ENHANCING THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION.
IN MFA NO.201787/2022:
BETWEEN:
RELIANCE GEN. INS. CO. LTD.,
ASIAN PLAZA,
NEAR TIMMAPURI CIRCLE, KALABURAGI,
THROUGH ITS MANAGER,
CLAIMS DEPARTMENT,
(NOW REPRESENTED BY,
AUTHORIZED SIGNATORY,
DESHPANDE NAGAR, HUBLI).
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. VISHNU S/O LAXMAYYA,
AGE: 25 YEARS, OCC: LABOUR (NOW NIL),
R/O. H.NO.4-35, CHANDRIKI VILLAGE,
GURUMUTKAL,
TQ. AND DIST. YADGIRI.
2. ASHOK S/O CHANDRAPPA,
AGE: 42 YEARS,
OCC: OWNER OF AUTO BEARING NO. KA-33/A-2144,
R/O: H.NO.4-35, CHANDRIKI VILLAGE,
TQ. AND DIST. YADGIRI
...RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE FOR R1;
V/O DTD. 17.12.2025 NOTICE TO R2 IS DISPENSED WITH)
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NC: 2026:KHC-K:1176
MFA No. 201341 of 2022
C/W MFA No. 201787 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 18.01.2022 IN MVC.NO.276/2020 PASSED BY
THE SENIOR CIVIL JUDGE AND MACT-II, AT YADGIRI.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
These appeals are arising out of the judgment and
award dated 18.01.2022 in MVC.No.276/2020 on the file
of the Member Motor Accident Claims Tribunal-II, Yadgiri
awarding compensation.
02. The relevant facts for adjudication of this
appeals are that, on 22.05.2020, the claimant and two
others were proceeding in a motorcycle bearing
Registration No.KA-33-U-0090 from Gurumitkal to
Chandriki village and when they reached near Alvi field, a
Auto bearing Registration No.KA-33-A-2144, dashed to the
motorcycle and on account of the same, the claimant has
sustained injuries. Hence, the claimant has filed
MVC.No.276/2020 seeking compensation.
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HC-KAR
03. The said claim petition was contested by the
respondent No.2 therein.
04. In order to establish his case, the claimant has
examined two witnesses as PW.1 and PW.2 and got
marked 11 documents as Exs.P.1 to P.11. On the other
hand, the respondent No.2 has examined one witness as
RW.1 and marked two documents as Exs.R1 and R2. The
Tribunal, after considering the material on record by its
judgment and award dated 18.01.2022, awarded
compensation of Rs.4,87,164/- with interest at the rate of
6% per annum from the date of the petition till realization.
05. Feeling aggrieved by the judgment and award
passed by the Tribunal on liability, the insurance company
has preferred MFA.No.201787/2022.
06. On the other hand, the claimant has preferred
MFA.No.201341/2022 seeking enhancement of
compensation.
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HC-KAR
07. I have heard Smt. Preeti Patil Melkundi, the
learned counsel appearing for the insurance company,
wherein it is contented that the driver of the offending
vehicle did not possess the valid driving license as on the
date of the accident. It is also argued that the owner of
the vehicle has been placed ex-parte before the Tribunal.
Therefore, sought for interference of this Court.
08. Per contra, Sri. Veeranagouda Malipatil, the
learned counsel appearing for the claimant argued for
enhancement of compensation.
09. In the light of the submission made by the
learned counsel appearing for the parties, it is not in
dispute as to the occurrence of accident on 22.05.2020, in
which the claimant sustained grievous injuries.
10. Insofar as the contention raised by the learned
counsel appearing for the insurance company, on careful
consideration of paragraph 11 of the impugned order
would makes it clear that the Tribunal has committed an
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HC-KAR
error in not considering the fact that the owner of the
vehicle in question was not contested the matter. On the
other hand, the said finding has been erroneously
negatived by the Tribunal.
11. In that view of the matter, taking into
consideration the fact that insurance company has
adduced evidence before the Tribunal and also the
respondent No.1 therein (owner of the vehicle in question)
has not pursued the claim petition and also following the
declaration of law made by the Hon'ble Supreme Court in
the case of Rama Bai vs M/s. Amit Minerals Through
in-charge officer / competent officer and another, in
Civil Appeal No.9669/2024, it is proper that the
insurance company be directed to satisfy the award and
thereafter recover the same from the owner of the vehicle.
12. Insofar as the enhancement of compensation is
concerned, after taking into consideration the evidence of
PW.2 and the injuries sustained by the claimant as per
Ex.P.6 and the disability certificate at Ex.P.8, the claimant
is entitled for enhancement of compensation.
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HC-KAR
13. Taking into consideration the year of accident is
2020 and following the notional income of the claimant as
per the guidelines of the Karnataka Legal Services
Authority, the monthly income of the claimant has to be
taken at Rs.13,750/-. After applying a appropriate
multiplier of 18, the claimant is entitled for Rs.4,45,500/-
(Rs.13,750/- x 12 x 15% x 18) towards loss of future
income. In that view of the matter, the award of
compensation regarding other heads has been reassessed
as follows.
Heads Amount
Loss of future earnings capacity Rs.4,45,500/-
Medical expenses Rs.38,364/-
Pain and suffering Rs.50,000/-
Attendant, conveyance charges, Rs.25,000/-
Food, nourishment
Laid up period Rs.41,250/-
Removal of implant Rs.20,000/-
Loss of amenities Rs.25,000/-
Total Rs.6,45,114/-
Less: awarded by Tribunal Rs.4,87,164/-
Enhancement Rs.1,57,950/-
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HC-KAR
14. Thus, the clamant is entitled for enhanced
compensation of Rs.1,57,950/- with interest at the rate
of 6% per annum from the date of petition till its
realization.
15. In the result, I pass the following:
ORDER
I. The appeal filed by the appellant/claimant in
MFA.No.201341/2022 is hereby allowed in part.
II. The appeal filed the appellant/Insurance
Company in MFA.No.201787/2022 is hereby
allowed in part.
III. The appellant/claimant is entitled for enhanced
compensation of Rs.1,57,950/- with interest at
the rate of 6% per annum from the date of
petition till the date of realization.
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HC-KAR
IV. The appellant - Insurance Company is directed
to pay the said compensation to the claimant
within a period six weeks from the date of
receipt of certified copy of this judgment and
thereafter, recover the same from the owner of
the vehicle in question.
V. The amount in deposit, if any, be transmitted to
the Tribunal.
Sd/-
(E.S.INDIRESH)
JUDGE
KJJ
List No.: 1 Sl No.: 5
CT:PK
