JAYARAJ KRISHNAMOORTHI vs MR NITHI KUMAR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 663 OF 2023 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 639 OF 2023 (MV-I)
IN MFA No. 663/2023
BETWEEN:
MR.JAYARAJ KRISHNAMOORTHI,
S/O KRISHNA MOORTHI PEJATHAYA,
AGED ABOUT 23 YEARS,
R/AT D.NO.3/165/4-2,
DURGAPRASAD COMPOUND,
BEHIND T.M.SHENOY SALES CORPORATION,
KULAI, MANGALURU TALUK,
D.K.DISTRICT - 575 019.
…APPELLANT
(BY MS.POOJA, ADVOCATE FOR
SRI. RAVISHANKAR SHASTRY G., ADVOCATE)
AND:
1. MR. NITHIN KUMAR,
S/O K. SHIVARAMA SHETTY,
MAJOR,
R/AT H.NO.1-104, C. JANANI KONDADI
Digitally Signed By:
K B GEETHA
- 2 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
KUDI-82, HIRIYADKA,
UDUPI, UDUPI DISTRICT - 576 113.
2. DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
BHARATH BUILDING,
P M RAO ROAD,
MANGALURU TALUK,
D.K.DISTRICT - 575 001.
…RESPONDENTS
(BY SMT. GEETHARAJ, ADVOCATE FOR R2;
SRI ATHMANANDA R., ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.09.2022 PASSED IN MVC
NO.649/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND CJM, MACT, MANGALURU D.K., PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 639/2023'
BETWEEN:
1. MR. YASHAVANTH H.,
S/O SAVITHRI BAI,
AGED 25 YEARS,
R/AT NO.23-2-181/2,
SHANTHI JEEVAN APARTMENT G1,
ONIKERE LANE,
NEAR BHAGINI SAMAJA ASHRAMA JEPPU,
MANGALURU TALUK,
D.K.DISTRICT - 575 001.
...APPELLANT
Digitally Signed By:
K B GEETHA
- 3 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
(BY MS.POOJA, ADVOCATE FOR
SRI RAVISHANKAR SHASTRY G., ADVOCATE)
AND:
1. MR. NITHIN KUMAR,
S/O K. SHIVARAMA SHETTY,
MAJOR,
R/AT H.NO.1-104, C JANANI,
KONDADI KUDI - 82,
HIRIYADKA, UDUPI,
UDUPI DISTRICT - 576 113.
2. DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
BHARATH BUILDING,
PM ROAD, MANGALURU TALUK,
D.K. DISTRICT - 575 001.
...RESPONDENTS
(BY SMT. GEETHA RAJ, ADVOCATE FOR R2;
SRI ATHMANANDA R., ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 28.09.2022 PASSED
IN MVC NO.650/2019 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE AND CJM, MACT, MANGALURU D.K., PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
Digitally Signed By:
K B GEETHA
- 4 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
ORAL JUDGMENT
1. These are the appeals filed under Section
173(1) of Motor Vehicles Act, 1988 by the
appellant/claimant in MVC No.650/2019 and the
appellants/claimants challenging the judgment and award
dated 28.09.2022 passed in MVC No. 649/2019 on the file
of Principal Senior Civil Judge & CJM and MACT at
Mangaluru, DK. They have challenged the liability fastened
on the owner and also praying for enhancement of the
compensation awarded to the claimants.
2. The parties would be referred with their ranks,
as they were before the Tribunal for the sake of
convenience and clarity.
3. The claimant in both cases have filed the claim
petition under Section 166 of Motor Vehicles Act praying
for the compensation in respect of injuries suffered by
them in the road traffic accident that has taken place on
19.12.2018 at 12:40 p.m. involving the motorcycle
Digitally Signed By:
K B GEETHA
- 5 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
bearing registration No.KA-19EG-2578 and the bus
bearing registration No.KA-20D-4897 (in short, 'offending
vehicle') on Karnadu bypass, Kolnad, Mangaluru on NH-66
4. The claimant in MFA No.663/2023 was the
pillion rider and the claimant in MFA No.639/2023 was the
rider of the aforesaid motorbike. Their contention is that
when they were going on the road, the bus came from
behind and dashed against the motorcycle and due to the
impact; claimant in both cases have sustained grievous
injuries. They have taken treatment in hospital. The
claimant in MFA No.663/2023 was aged about 19 years,
rd
studying in 3 year BHRD at SDM College of Business
Management and the claimant in MFA No.639/2023 was
rd
aged about 21 years, studying in 3 year BHRD at SDM
College of Business Management. Thus, they claimed
compensation under different heads from respondent No.1
and 2 stating that they are the owner and insurer of the
offending bus.
Digitally Signed By:
K B GEETHA
- 6 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
5. After service of notice, respondent No.1 has
appeared through his counsel, but not contested the
petition.
6. Respondent No.2 filed the objection statement
wherein he denied the contention of the claimant in both
cases in toto and further contended that the driver of the
bus did not possess valid and effective licence. It has
taken further contention that the premium cheque dated
21.06.2018 issued by the respondent No.1 became
dishonoured and thus the policy automatically cancelled
and it was intimated to the respondent No.1. The policy
became void abinitio . Thus, respondent No.2 - the
Insurance Company is not liable to pay the compensation.
7. After framing issues, recording evidence and
hearing arguments of both sides, the Tribunal came to the
conclusion that the policy in question was not in force
because the cheque issued towards premium became
dishonoured.
Digitally Signed By:
K B GEETHA
- 7 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
8. It further held that the claimant in MFA
No.663/2023 is entitled for the total compensation of
` 3,74,000/- under following heads:
1 Pain and suffering ` 60,000.00
Attendant charges, food and
2
`
3,900.00
conveyance charges
3 Medical expenditure ` 2,87,605.61
Loss of income during
4
` 12,500.00
treatment
Loss of amenities and nutrition
5
` 10,000.00
food
` 3,74,005.61
Total
rounded off to
`
3,74,000/-
9. It further held that the claimant in MFA
No.639/2023 is entitled for global compensation of
` 25,000/-.
10. Not satisfied with the said compensation and
not satisfied with fastening liability on the owner alone,
the claimant in both cases is before this Court.
11. Heard arguments of both sides.
Digitally Signed By:
K B GEETHA
- 8 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
12. The learned counsel for the appellant
Sri Ravishankar Shastry G., would submit that there is no
material produced by respondent No.2 to show that the
dishonour of cheque was intimated to the respondent No.1
and thus its liability cannot be absolved.
13. The learned counsel would further submit that
the claimant in MFA No.639/2023 has sustained 2
fractured injuries and thus the compensation of only
` 25,000/- awarded by the Tribunal is on lower side and it
shall be enhanced.
14. The learned counsel would further submit that
the claimant in MFA No.663/2023 has suffered severe
head injury and was in-patient in the hospital initially for
13 days and then for 4 days and there was severe
grievous injuries to him. The compensation awarded by
Tribunal on all heads is on lower side and hence prayed for
enhancement of compensation in both the cases.
15. The learned counsel for respondent No.2
Smt. Geetha Raj would submit that respondent No.2 has
Digitally Signed By:
K B GEETHA
- 9 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
produced all relevant materials before the Tribunal to
show that the cheque issued by the claimant was
dishonoured and it was intimated to the respondent No.1
by issuing notice and even after service of said notice, the
respondent No.1 has not made any efforts to pay the
premium. When the premium itself is not paid by the
respondent No.1, there is no contractual liability on
respondent No.2. Hence, absolving liability of respondent
No.2 by the Tribunal is proper and requires no
interference.
16. The learned counsel for respondent No.1
Sri Athmananda R., would submit that the respondent
No.2 has only produced copy of notice with postal receipt
and not produced postal acknowledgment to show that the
notice of dishonour is served upon respondent No.1 and
thus the policy in question still holds good. Hence,
absolving liability of respondent No.2 by the Tribunal is not
proper.
Digitally Signed By:
K B GEETHA
- 10 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
17. The learned counsel for respondent No.1 would
further submit that the compensation awarded by the
Tribunal in both cases is just and reasonable and requires
no interference.
18. Having heard arguments of both sides, verifying
the appeal papers and trial Court records, the points that
arises for consideration are:
i) "Whether absolving liability of respondent
No.2/ Insurance company by the Tribunal is
erroneous?
ii) Whether the claimant in both cases entitled
for enhancement of compensation?"
19. Findings of this Court on the above point No.1
is 'Negative' and point No.2 is 'Affirmative' for the
following:
REASONS
20. The facts established before the Tribunal are
that the claimant in MFA No.639/2023 was rider and the
claimant in MFA No.663/2023 was pillion rider of the
Digitally Signed By:
K B GEETHA
- 11 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
motor bike and they met with an accident with the
offending bus on 19.12.2018 at 12:40 noon. Because of
the accident, the claimant in both cases has sustained
grievous injuries.
21. Ex.P.5 - wound Certificate reveals that the
claimant in MFA No.639/2023 has sustained fracture of left
Clavicle bone, fracture in anterior and postero-lateral walls
in left maxillary sinus and spheroid sinus. He was aged
about 20 years as on the date of accident. He has
produced medical bills worth ` 1,945/-.
22. Considering these aspects, the Tribunal has
awarded global compensation of ` 25,000/-. However, the
claimant has sustained fracture of Clavicle bone and
fracture of nasal bones. Hence, the claimant is entitled for
additional global compensation of ` 25,000/-.
23. The claimant in MFA No.663/2023 has sustained
4 injuries. The doctor opined that they are grievous in
nature. He was inpatient in Srinivasa Hospital from
Digitally Signed By:
K B GEETHA
- 12 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
19.12.2018 to 31.12.2018. The doctor diagnosed the
following injuries to him:
•
LEFT FRONTAL CONTUSION WITH FRONTO
TEMPORO PARIETAL ACUTE SUB DURAL
HEMATOMA
•
LEFT OCCIPITAL EXTRADURAL HEMATOMA
(SUPRA AND INFRATENTRIAL - across transverse
sinus)
•
RIGHT TEMPORO OCCIPITAL ACUTE SUBDURAL
HEMATOMA
•
RIGHT TEMPORAL AND FRONTAL CONTUSIONS
24. The claimant was further admitted to the
hospital as in-patient from 31.01.2019 to 03.02.2019.
Thus, totally he was in-patient in the hospital for 17 days.
The compensation awarded by the Tribunal on some of the
heads is lower and some of the heads is high. Thus,
considering the wound Certificate, 2 discharge summaries
and other materials, this Court opines that the claimant is
entitled for additional global compensation of ` 25,000/-.
Hence, this Court passes the following:
Digitally Signed By:
K B GEETHA
- 13 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
ORDER
a. MFA No.663/2023 filed under Section
173(1) of Motor Vehicles Act, 1988 by
the claimant is allowed in part .
b. The Judgment and award dated
28.09.2022 passed in MVC No.649/2019
on the file of Principal Senior Civil Judge
& CJM and MACT at Mangaluru, DK is
modified holding that the claimant is
entitled for global compensation of
` 25,000/- in addition to the
compensation already granted by the
Tribunal.
c. MFA No.639/2023 filed under Section
173(1) of Motor Vehicles Act, 1988 by
the claimant is allowed in part .
d. The Judgment and award dated
28.09.2022 passed in MVC No.650/2019
on the file of Principal Senior Civil Judge
& CJM and MACT at Mangaluru, DK is
modified holding that the claimant is
entitled for global compensation of
Digitally Signed By:
K B GEETHA
- 14 -
HC-KAR
NC: 2026:KHC:60293
MFA No. 663 of 2023
C/W MFA No. 639 of 2023
CNR: KAHC010047202023
`
25,000/- in addition to the
compensation already granted by the
Tribunal.
e. The enhanced compensation in both cases
shall carry interest at 6% per annum
from date of petition till realisation.
f. Respondent No.1 alone is liable to pay the
compensation amount with accrued
interest before the Tribunal within a
period of eight weeks from the date of
receipt of certified copy of this judgment.
g. Draw modified award accordingly.
h. No order as to costs.
i. Registry to transmit the TCR to the
Tribunal forthwith.
Digitally Signed By:
K B GEETHA
(GEETHA K.B.)
JUDGE
LL
List No.: 1 Sl No.: 26