Sri Rafiq Ahamad, v. Sri Karthika,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 7319 OF 2023 (MV-I)

BETWEEN:

¶1SRI RAFIQ AHAMAD S/O AMEER AGED ABOUT 57 YEARS DRIVER AT IRRIGATION DEPT R/O 'C' 21, IRRIGATION DEPARTMENT QUARTERS, BRP SHIVAMOGGA DISTRICT – 577 221. …APPELLANT (BY SRI. M V MAHESWARAPPA, ADVOCATE)

AND:

¶1SRI.KARTHIKA, S/O SELVAM AGED ABOUT 22 YEARS R/O 2ND CROSS, GOPISHETTY KOPPA, SHIVAMOGA CITY SHIVAMOGGA – 577 201.

by ANNAPURNA G Location: HIGH COURT OF KARNATAKA NC:(2025:KHC:49154( MFA(No.(7319(of(2023( ( , ,,HC-KAR( ( (

2., THE,BRANCH,MANAGER, IFFCO,TOKIO,GENERAL, INSURANCE,CO,LTD,,, OPP.,SHRUTHI,MOTORS,, SHANKAR,MUTT,ROAD,, SHIVAMOGGA,CITY,, SHIVAMOGGA,–,577,201., , …RESPONDENTS, (R1,IS,SERVED,AND,UNREPRESENTED;, ,,BY,SRI.,MALLIKARJUN,REDDY,,ADVOCATE,FOR, ,,,,,,,SRI.,B,PRADEEP,,ADVOCATE,FOR,R2), , , THIS, MFA, FILED, U/S, 173(1), OF, MV, ACT, AGAINST, THE, JUDGMENT,AND,AWARD,DATED,12.09.2023,,,PASSED,IN,MVC, NO.381/2022, ON, THE, FILE, OF, , THE, I, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, CJM, AND, MOTOR, ACCIDENTS, CLAIMS, TRIBUNAL,AT,SHIVAMOGGA,,,AND,ETC.,, , , THIS,APPEAL,,COMING,ON,FOR,ADMISSION,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,UMESH,M,ADIGA, , , ,

ORAL JUDGMENT

¶1The present appeal is filed by the appellant/claimant challenging the judgment and award dated

12.09.2023 in MVC.No.381/2022 passed by the 1st Additional Senior Civil Judge and CJM and MACT, at Shivamogga, for seeking enhancement of compensation.

¶2Though the appeal is slated for hearing on admission, with consent of learned advocates appearing for both sides, it is taken up for final disposal.

¶3For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

¶4The brief facts of the case are that, on 23.02.2022, the petitioner was travelling on a motorcycle bearing registration No.KA-14-TR-7103 from Gonibidu to BRP Shankarghatta Grama. On the way, he met with an accident due to the rash and negligent driving of

another motorcycle bearing registration No.KA-14-EW-4469 (for short, 'Offending Vehicle'). As a result, the claimant sustained fractures and other injuries. He has suffered permanent disability. With these reasons, he prays to award compensation.

¶5The fact of the accident is not in serious dispute. Similarly, injuries sustained by the claimant are also not disputed. This appeal is filed with two contentions that, the amount of compensation awarded is on the lower side and secondly, the Tribunal exonerated the insurer from its liability to pay the compensation on the ground that the rider of the offending vehicle did not have a valid and effective driving licence. The said finding is incorrect. In view of the law laid down by this Court as well as Hon'ble Apex Court, the insurer is liable to pay compensation to the third party with liberty to recover it from the owner of the vehicle.

¶6The learned counsel for respondent No.2 supports the impugned judgment and prays to dismiss the appeal.

¶7Heard the arguments and perused the records.

¶8The Tribunal has considered the nature of injuries, treatment taken etc., and awarded the following amount of compensation: Pain and suffering 50,000.00 Loss of laid up period Nil Medical Expenditure 1,28,000.00 Future Medical Expenditure 25,000.00 Loss of Future Income Nil Towards diet and conveyance 20,000.00 Loss of amenities 30,000.00 TOTAL 2,53,000.00

¶9The claimant is a Government Servant. Therefore, no amount of compensation is awarded under the head, loss of future earning capacity due to

permanent disability, as well as loss of income during the laid-up period.

¶10The claimant sustained a fracture of the right iliac bone and other injuries. Of course, he has not examined the medical practitioner who treated him to assess the permanent disability. The fracture of the iliac bone, certainly, will cause inconvenience in the day-to-day functioning of the petitioner. It may cause him difficulty to sit for a long period, stand, walk etc. According to the claimant, due to the said injuries, he was unable to do his regular work. He also sustained a fracture of the right foot according to his evidence.

¶11Considering these facts as well as less amount of compensation under the head of Loss of Amenities, the claimant is entitled to a global enhancement of Rs.50,000/- on all the heads. He is also entitled to interest on the said amount at the rate of 6% per

annum from the date of the claim petition till its realisation.

¶12Undisputedly, the rider of the offending vehicle had no valid licence at the time of the accident. The full bench of this Court, in the case of New India Assurance Company Limited vs. Yellavva and another1 relying on the judgment of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Swaran Singh and Others2 held that if the rider of the offending vehicle had no driving licence, then the insurer has to satisfy third-party liability and it is at liberty to recover the same from the owner of the vehicle. The same principle is also applicable to the facts of the present case.

¶13For the aforesaid discussions, I proceed to pass the following:

1 2020 ACJ 2560 2 (2004) 3 SCC 297

ORDER i. The appeal is allowed-in-part.

ii. The impugned judgment and award dated

12.09.2023 in MVC.No.381/2022 passed by the 1st Additional Senior Civil Judge and CJM and MACT, at Shivamogga, is hereby modified; iii. The appellant/claimant is entitled to enhanced global compensation of Rs.50,000/- along with interest at the rate of 6% per annum from the date of petition till realization. iv. Respondent No.2 is liable to pay the above said enhanced amount of compensation. v. Undisputedly, the offending vehicle was insured respondent No.2. Therefore, respondent No.2 is liable to pay the compensation awarded by the Tribunal as well as enhanced by this Court, with a

liberty to recover the same from owner of the vehicle in an appropriate proceedings. vi. Amount enhanced is marginal, therefore, entire enhanced amount is ordered to be released in favour of the claimant on due identification. vii. Draw award accordingly. Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal.

Sd/- (UMESH M ADIGA) JUDGE

UN List No.: 1 Sl No.: 33