- 1 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101157 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 101158 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 101159 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 103874 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 103875 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 103876 OF 2015 (MV-I) IN MFA No. 101157/2015 BETWEEN: 1. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD SUJATHA COMPLEX, OPP. P.B. ROAD, HUBBALLI, NOW REPTD., BY ITS DEPUTY MANAGER, REGIONAL OFFICE, IIND FLOOR, ARIHANTH PLAZA, KUSUGAL ROAD, HUBBALLI-580023. …APPELLANT (BY SRI. GANGADHAR S HOSAKERI., ADV) AND: 1. MANJUNATH S/O. HALADAPPA, AGE: 45 YEARS, OCC:PHOTOGRAPHER AND AGRICULTURE, R/O: NALLUR VILLAGE IN TQ. CHANAGIRI, NOW AT RANEBENNUR, DIST: HAVERI. 2. SRI. R. KENCHAPPA S/O. DODDARAMAPPA, AGE:MAJOR, OCC:BUSINESS, R/O: NALLUR VILLAGE IN CHANNAGERI TALUK, DIST: DAVANAGERE (OWNER OF THE T.T.UNIT BEARING NO. KA-17/TA-383 & 384) …RESPONDENTS (BY SRI. M H PATIL, ADV FOR R1., NOTICE TO R2 IS SERVED) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S.173(1) OF MV ACT,1988, AGAINST THE JUDGMENT & AWARD DATED:13.01.2015, PASSED IN MVC.NO.205/2010, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, RANEBENNUR, AWARDING COMPENSATION OF Rs.1,30,000/- ALONG WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TIL ITS REALIZATION. IN MFA NO. 101158/2015 BETWEEN: 1. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD SUJATHA COMPLEX, OPP. P.B.ROAD, HUBBALLI, NOW REPTD., BY ITS DEPUTY MANAGER, REGIONAL OFFICE, IIND FLOOR, ARIHANTHA PLAZA, KUSUGAL ROAD, HUBBALLI-580 023. ... APPELLANT (BY SRI. GANGADHAR S HOSAKERI., ADV) AND: 1. KOTRAPPA S/O DUNDAPPA SAGARI, AGE: 59 YEARS, OCC:SECRETARY AND VILLAGE ASST. DEVELOPMENT OFFICER, HIREMALALI GRAM PANCHAYAT, R/O: NITUVALLI, DAVANGERE, NOW AT KURUBAGERI, RANEBENNUR, DIST: HAVERI. 2. SRI. R. KENCHAPPA S/O DODDARAMAPPA, AGE:MAJOR, OCC:BUSINESS, R/O: NALLUR VILLAGE IN CHANNAGERI TALUK, DIST: DAVANAGERE. (OWNER OF THE T.T.UNIT BEARING NO. KA-17/TA-383 & 384) ...RESPONDENTS (BY SRI. M H PATIL, ADV FOR R1 SRI. KARUNAKAR H., ADV FOR R2) - 3 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:13.01.2015, PASSED IN MVC NO.206/2010, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, AWARDING COMPENSATION OF Rs.9,500/- ALONG WITH THE INTEREST AT THE RATE OF 7% P.A FROM THE DATE OF PETITION TILL REALISATION. IN MFA NO. 101159/2015 BETWEEN: 1. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD SUJATHA COMPLEX, OPP. P.B. ROAD, HUBBALLI, NOW REPTD., BY ITS DEPUTY MANAGER, REGIONAL OFFICE, IIND FLOOR, ARIHANTHA PLAZA, KUSUGAL ROAD, HUBBALLI-580 023. ... APPELLANT (BY SRI. GANGADHAR S HOSAKERI., ADV) AND: 1. SRI. BORAPPA S/O PAPANNA MALLANNANAVAR, AGE: 60 YEARS, OCC: SECRETARY AND VILLAGE ASST. DEVELOPMENT OFFICER, R/O: HADEVU VILLAGE, TQ. HIREKERUR NOW AT KURUBAGERI, RANEBENNUR, DIST: HAVERI. 2. SRI. R. KENCHAPPA S/O DODDARAMAPPA, AGE: MAJOR, OCC:BUSINESS, R/O: NALLUR VILLAGE IN CHANNAGERI TALUK, DIST: DAVANAGERE (OWNER OF THE T.T.UNIT BEARING NO. KA-17/TA-383 & 384) ...RESPONDENTS (BY SRI. M H PATIL, ADV FOR R1, NOTICE TO R2 IS SERVED) - 4 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.01.2015 PASSED IN MVC NO.207/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, AWARDING THE COMPENSATION OF RS.49,000/-WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 103874/2015 BETWEEN: 1. MANJUNATHA S/O HALADAPPA AGE: 45 YEARS, OCC: PHOTOGRAPHER & AGRICULTURE, NOW NIL, R/O: NALLUR, TQ: CHANNAGIRI, NOW AT RANEBENNUR, DIST: HAVERI. ... APPELLANT (BY SRI. M H PATIL, ADV) AND: 1. SRI. R. KENCHAPPA S/O DODDARAMAPPA AGE: MAJOR, OCC: BUSINESS R/O: NALLUR, TQ: CHANNAGIRI DIST: DAVANAGERE. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP P.B ROAD, HUBBALLI. ...RESPONDENTS (BY SRI. GANGADHAR S HOSAKERI., ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.01.2015 PASSED IN MVC NO.205/2010 ON THE FILE OF THE PRINCIPAL SENIOR - 5 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 103875/2015 BETWEEN: 1. KOTRAPPA S/O DUNDAPPA SAGARI, AGE:60 YEARS, OCC:NOW NIL, R/O: NITUVALLI, DAVANGERE, NOW AT KURUBAGERI, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI. ... APPELLANT (BY SRI. M H PATIL, ADV) AND: 1. SRI. R. KENCHAPPA S/O DODDARAMAPPA, AGE:MAJOR, OCC:BUSINESS, R/O: NALLUR, TQ:CHANNAGERI, DIST: DAVANGERE. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP P B ROAD, HUBBALLI. ...RESPONDENTS (BY SRI. GANGADHAR S HOSAKERI., ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.01.2015 PASSED IN MVC NO.206/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 6 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS IN MFA NO. 103876/2015 BETWEEN: 1. BORAPPA S/O PAPANNA MALLANNANAVAR AGE: 60 YEARS, OCC: NOW NIL, R/O: HADEVU, TQ: HIREKERUR, NOW AT KURUBAGERI, RANEBENNUR TQ: RANEBENNUR, DIST: HAVERI ... APPELLANT (BY SRI. M H PATIL, ADV) AND: 1. SRI. R. KENCHAPPA S/O DODDARAMAPPA AGE: MAJOR, OCC: BUSINESS R/O: NALLUR, TQ: CHANNAGERI DIST: DAVANGERE. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., SUJATHA COMPLEX, OPP P.B. ROAD HUBBALLI ...RESPONDENTS (BY SRI. GANGADHAR S HOSAKERI., ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 13.01.2015 PASSED IN MVC NO.207/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, FTHE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI - 7 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS ORAL JUDGMENT These Miscellaneous First Appeals arise out of the common judgment and award dated 13.01.2015 passed in MVC Nos.205/2010, 206/2010 and 207/2010 by the learned Principal Senior civil Judge and Additional MACT, Ranebennur. 2. Brief facts leading rise to filing of these appeal are as follows: On 04.04.2009, at about 15:30 hours, the petitioner in MVC No.205/2010 was riding his motorcycle bearing registration No.KA.14/S-6462 along with the petitioners in MVC Nos.206/2010 and 207/2010, who were the pillion riders. At that time, the driver of the tractor-trailer bearing registration No.KA.17/TA-383-384 came in a rash and negligent manner and dashed to the motorcycle of the petitioners. As a result, the petitioners sustained grievous injuries and spent huge amount towards medical expenses. The petitioners filed claim petitions under Section 166 of the Motor Vehicles Act seeking compensation for the injuries - 8 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS sustained in the road traffic accident. Accordingly, prays to allow the claim petitions. 3. The owner of the tractor-trailer filed a statement of objections denying the averments made in the claim petition and contended that the driver of the offending vehicle was possessing a valid and effective driving licence as of the date of the accident and the vehicle was insured with the insurance company. Hence, prays to dismiss the claim petitions against the owner of the tractor. 4. The insurance company filed a statement of objections denying the averments made in the claim petitions and denied the existence of the insurance policy as of the date of the accident. It is contended that the driver of the tractor was not possessing a valid and effective driving licence as of the date of the accident. Hence, prays to dismiss the claim petitions against the insurance company. 5. The Tribunal based on the pleadings of the parties, framed separate issues and common evidence was recorded. - 9 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS 6. The petitioner in MVC No.205/2010, 206/2010 and 207/2010 were examined as PWs.1 to PW-3, examined the doctor as PW.4 and marked 31 documents as Exs.P-1 to P-31. In rebuttal, the respondents examined 3 witnesses as RWs.1 to 3 and marked 20 documents as Exs.R-1 to R-20. 7. The Tribunal after assessing the verbal and documentary evidence, allowed the claim petitions in part with costs and held that the petitioner in MVC No.205/2010, 206/2010 and 207/2010 are entitled to compensation of Rs.1,30,000/-, Rs.9,500/- and Rs.49,000/- respectively along with interest at 7% per annum from the date of petition till realization of the amount and held that the owner and the insurance company of the tractor are jointly and severally liable to pay the compensation and directed the insurance company to deposit the compensation amount. 8. The insurance company challenging the liability filed the appeals in MFA Nos.101157/2015, 101158/2015 and 101159/2015 and the petitioners being dissatisfied with the quantum of compensation awarded by the Tribunal filed - 10 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS appeals in MFA Nos.13874/2015, 103875/2015 and 103876/2015. 9. Since these appeals arise out of the same accident, they are taken together to avoid repetition of facts. 10. Heard the arguments of the learned counsel for the insurance company and the learned counsel for the petitioners. 11. Learned counsel for the insurance company submits that the rider of the motorcycle has also contributed to the accident. He submits that the said aspect was not considered by the Tribunal and committed an error in fastening the entire liability on the owner and the insurance company of the offending vehicle. He also submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference by this Court. Hence, on these grounds, he prays to allow the appeals filed by the insurance company and dismiss the appeals filed by the petitioners. - 11 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS 12. Per contra, learned counsel for the petitioners submits that the rider of the motorcycle has not contributed for the cause of the accident and no charge sheet is filed against the rider of the motorcycle. The Tribunal has rightly held that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. He also submits that the compensation awarded by the Tribunal is on the lower side. Hence, on these grounds prays to allow the appeals filed by the petitioners and to dismiss the appeals filed by the insurance company. 13. Perused the records and considered the submissions of the learned counsel for the parties. 14. The point that would arise for consideration is regarding the liability and the quantum of compensation. 15. There is no dispute regarding the occurrence of the accident and the injuries suffered by the petitioners in a road traffic accideint. The petitioners to substantiate their claim, have produced certified copy of the charge sheet marked as Ex.P-22, which discloses that the accident - 12 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS occurred due to the rash and negligent driving of the driver of the offending vehicle. No charge sheet is filed against the rider of the motorcycle. Further, the insurance company has not examined any eyewitness to establish that the rider of the motorcycle has also contributed to the cause of the accident. In the absence of material evidence, the Tribunal was justified in recording a finding that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The Tribunal has rightly saddled the liability jointly and severally and directed the insurance company to indemnify the owner of the offending vehicle. 16. In view of the above discussion, I answer on the point regarding the liability against the insurance company. 17. Regarding quantum of compensation: The Tribunal considering the entire evidence on record and the medical records produced by the petitioners has rightly awarded the compensation of Rs.1,30,000/-, Rs.9,500/- and Rs.49,000/- which do not call for interference by this Court. The Tribunal considering that the petitioner in MVC - 13 - HC-KAR NC: 2025:KHC-D:12848 MFA No. 101157 of 2015 C/W MFA No. 101158 of 2015 MFA No. 101159 of 2015 AND 3 OTHERS No.206/2010 has not made any efforts to obtain any disability certificate and that in MVC No.207/2010, the petitioner continued in service even after the accident has rightly awarded the compensation. 18. In view of the same, the point on quantum is answered accordingly. 19. In view of the above discussion, I proceed to pass the following: ORDER i. MFA Nos.101157/2015, 101158/2015, 101159/2015, 13874/2015, 103875/2015 and 103876/2015, are dismissed. ii. The impugned common judgment and award passed by the Tribunal is hereby confirmed. The Office is directed to transmit the amount in deposit and the TCR to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB