IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4278 OF 2024 (MV-I)

BETWEEN:

M/S UNITED INDIA INSURANCE CO. LTD BRANCH OFFICE, HASSAN P.B.NO. 114, 1^ST FLOOR REP. BY ITS DIVSIONAL MANAGER CRESENT COURT, K.M.ROAD CHIKKAMAGALURU TALUK-577 101 …APPELLANT (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE)

AND:

Digitally signed

1. MR.MANJUNATH C.E., by MEGHA MOHAN Location: HI GH S/O LATE ESHWARE GOWDA COURT OF KARNATAKA AGED ABOUT 47 YEARS AUTO DRIVER R/O CHIKKOLALE VILLAGE KABBINAHALLI POST CHIKKAMAGALURU-577 101

2. M.R VENKATESHA S/O LATE SHIVANNA AGED ABOUT 40 YEARS BARBER R/O KALLUDODDI BADAVANE CHIKKAMAGALURU-577 117

3. SRI.RANGANATHA S/O YELLAPPA AGED ABOUT 44 YEARS DHOBI, R/O ERAKANAHALLI DASARAHATTI, MUDIGERE KADUR TALUK- 577 550 …RESPONDENTS (R1 & R3 ARE SERVED NOTICE TO R2 IS DISPENSED WITH V/O/D 25/10/2024)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.04.2023 PASSED IN MVC NO. 68/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.6,60,300/- WITH INTEREST AT 6 PERCENT P.A. ON THE COMPENSATION AMOUNT OF RS.5,80,300 FROM THE DATE OF PETITION TILL REALIZATION.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

Aggrieved by the award passed in MVC.No.68/2022 dated

25.04.2023 by the II Addl. Senior Civil Judge & JMFC and MACT, Chikkamagaluru, the insurance company is before this Court.

2. 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 traffic accident. On 26.04.2020 at about 8:00 am, the claimant and his friend had been to coffee land of on a motorcycle Bajaj Discover, while returning at 10:00 am, near auto stand Kaludoddi Cross, the respondent No.1 being a driver of motorcycle Bajaj CT 100 has driven the motorcycle in a rash and negligent manner, dashed against the motorcycle in which the claimant was proceeding. Due to the said impact, the claimant fell down on the road and sustained fracture. Considering the injuries, the Tribunal had granted the compensation as per the table given below:

3. Though notice is served on all respondents, no vakalath is filed.

4. Learned counsel appearing for the appellant/Insurance Company submits the Tribunal had granted loss of future earning and when the evidence of the doctor is that the claimant is suffering with 27% disability to the limb, the Tribunal has taken 15% to the whole body. It is submitted that even after the accident the claimant is continuing with his work, hence there is no future loss of income and the tribunal ought to have considered it. It is further submitted that he was in the hospital for 19 days but the Tribunal had granted an amount of Rs.40,000/-. Further for the future medical expenses also the Tribunal had granted an amount of Rs.80,000/- and when it comes to loss of income during the laid up period the Tribunal had granted an amount of Rs.72,500/- which is on the higher side. It is submitted that on all the other heads also the amount granted by the Tribunal is on the higher side and needs to be reduced.

5.It is further submitted that as per Ex.R-2 as on the date of accident, Respondent No.1/driver had no valid driving license and hence insurance company is not liable to pay the compensation and tribunal had applied the principle of pay and recover.

6. Having heard the learned counsel appearing for the appellant/Insurance Company, perused the material on record. The submission of the learned counsel is that the claimant is working and it has no impact on his future income. This court is not able accept the submission of the learned counsel. The disability would definitely have an effect on his future income even if he is continuing with his work. Hence, as far as pain and suffering, medical exp