- 1 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24873 OF 2012 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, NOW REP. BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI RAJASHEKHAR S.ARANI, ADVOCATE) AND: 1. SHRI MEHABOOB S/O. JAINULLA KAMAL, AGE: 33 YEARS, OCC: DRIVER, (NOW NIL), R/O: H.NO.332, LAXMI GALLI UCHAGAON, TQ: AND DIST: BELAGAVI. 2. 2A. SHRI ABDULSATTAR IMAMSAB MULLA, BY HIS LEGAL HEIRS, SHRI MOHAMMAD SHAFFI S/O. ABDUL SATTAR MULLA, AGE: MAJOR, OCC: BUSINESS, R/O: NO.1336, NINGAPOUR GALLI, KHANAPUR TQ. KHANAPUR DIST. BELAGAVI. 3. SHRI BABAJAN ABDUL SATTAR MULLA, AGE: MAJOR, OCC: BUSINESS, R/O: NO.1336, NINGAPOUR GALLI, KHANAPUR TQ. KHANAPUR DIST. BELAGAVI. …RESPONDENTS (BY SRI S.R. KAMATE, ADVOCATE FOR R1; NOTICE TO R2 (A) AND R2 (B) ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 07-06-2012 PASSED IN MVC NO.2536/2011 ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the Insurance Company challenging the judgment and award dated 07.06.2012, passed in MVC No.2536/2011, by the Court of III Additional Senior Civil Judge and Additional MACT, Belgaum (for short, ‘Tribunal’). 2. The claimant, on 18.04.2002, while proceeding as passenger in passenger tempo bearing registration No.KA- 22/A-299 as a driver, who was coming from Kudremani to Belgaum, by driving vehicle keeping under his control, dashed to the road side tree. Thus, the accident is caused due to self negligence of claimant. Therefore, filed claim petition under Section 163-A of the Motor Vehicle Act, 1988 (hereinafter referred to as the ‘MV Act’). 3. The Tribunal has awarded compensation under various heads, which reads as follows: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 10,000 2. Medical expenses and other incidental expenses. 25,000 3. Loss of income during laid up period. 3,000 Total: 38,000 - 3 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 4. The learned counsel for the appellant submitted that the claimant himself has dashed the vehicle to road side tree. Thus, the compensation could not have been awarded, by placing reliance on the judgment of the Hon’ble Supreme Court in the case RAMKHILADI AND ANOTHER Vs. UNITED INSURANCE COMPANY AND ANOTHER1. 5. The Hon’ble Supreme Court in the case of UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUNIL KUMAR AND ANOTHER2, has held that there is no defence to the insurer to raise plea of negligence. Therefore, held that the claim made under Section 163-A in the facts and circumstances involved in the case is maintainable. 6. This Court in the very similar facts and circumstance in MFA No.25311/2010 dated 21.09.2021 in the case of Shri.Gururaj @ Muttu V/s Shri. Santhoshkumar has held in detail that the claim is maintainable, even though in the case of self-negligence. Therefore, when the Insurance Company is not permitted to take defence of any negligence, 1 (2020) 2 SCC 550 2 (2019) 12 SCC 398 - 4 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 the claim made by the claimant under Section 163-A is maintainable. 7. However, when the claim is made under Section 163-A, the maximum compensation under the head of medical expenses would be Rs.5,000/- only. But in the present case, the Tribunal has awarded Rs.25,000/- towards medical expenses and other incidental expenses, which is incorrect. Therefore, the claimant is entitled for compensation towards medical expenses and other incidental expenses at Rs.5,000/- only. The compensation awarded under other heads is just and proper. Hence, the same is kept intact. 8. Thus, the claimant is entitled for total compensation under various heads as under: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards pain and suffering 10,000/- 2. Towards Medical expenses & other incidental expenses 5,000/- 3. Towards loss of income during laid- up period 3,000/- Total Compensation 18,000/- 9. Therefore, the claimant is entitled for total compensation of Rs.18,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as - 5 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 against Rs.38,000/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 07.07.2012, passed by the III Addl. Senior Civil Judge and Addl. M.A.C.T, Belgaum, in MVC No.2536/2011 stands modified. iii. The claimant is entitled for total compensation of Rs.18,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.38,000/- awarded by the tribunal. iv. The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 6 - NC: 2025:KHC-D:4077 MFA No. 24873 of 2012 v. If any excess amount deposited, the same shall be refunded to the insurance company. vi. Send a copy of this judgment to the trial Court. vii. No order as to costs. viii. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP para 1 to 5 RKM para 6 to end List No.: 1 Sl No.: 56