- 1 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 100973 OF 2016 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 100391 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 100392 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 100972 OF 2016 IN M.F.A. NO.100973 OF 2016: BETWEEN: KARIYAPPA S/O. HANUMANTHAPPA, AGE: 26 YEARS, OCC: GOUNDI WORK, R/O: AGOLI, TQ: GANGAVATHI, DIST: KOPPAL. … APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE.) AND: 1. R. SIDDALINGPPA S/O. RAJAN, AGE: 34 YEARS, OCC: DRIVER-OF APE THREE WHEELER PASSENGER VEHICLE BEARING NO. KA-37/9966, R/O: GUNDAMMA CAMP, GANGAVATHI, DIST: KOPPAL. 2. DURUGAPPA S/O. PAMPANNA HARIJAN, AGE: 32 YEARS, OCC: BUSINESS AND OWNER OF APE THREE WHEELER PASSENGER VEHICLE BEARING NO. KA-37/9966, R/O: HAMPAS DURGA CAMP, GANGAVATHI, DIST: KOPPAL. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 3. THE GENERAL MANAGER, SRIRAMA GEN. INS. CO. LTD., S-5, 3RD FLOOR, MONARCH CHAMBER, INFRONTARY ROAD, SHIVAJI NAGAR, BENGALURU-560 001. … RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R3; R1 – SERVICE OF NOTICE DISPENSED WITH; R2 – SERVICE OF NOTICE HELD SUFFICIENT.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AND MODIFY THE JUDGMENT AND AWARD DATED 30.11.2015, PASSED IN M.V.C.NO.287/2012, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT GANGAVATHI AND ETC.,. IN M.F.A. NO.100391 OF 2016: BETWEEN: THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., S-5, 3RD FLOOR, MONARCH CHAMBER, INFRONTARY ROAD, SHIVAJI NAGAR, BENGALURU-560 001. NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY, SHRIRAM GENERAL INSURANCE CO. LIMITED, NO.5/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI, MAIN ROAD OFF. BENNURUGHATTA ROAD, IIMB POST, BENGALURU-560 076. … APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE.) AND: 1. KARIYAPPA S/O. HANUMANTAPPA, AGE: 26 YEARS, OCC: GOUNDI WORK, - 3 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 R/O: AGOLI, TALUK: GANGAVATHI, DIST: KOPPAL. 2. R. SIDDALINGAPPA S/O. RAJAN, AGE: 34 YEARS, OCC: DRIVER OF APE THREE WHEELER PASSENGER VEHICLE BEARING REGISTRATION NO.KA 37/9966, R/O: GUNDAMMA CAMP, GANGAVATHI, DIST: KOPPAL. 3. DURUGAPPA S/O. PAMPANNA HARIJAN, AGE: 28 YEARS, OCC: BUSINESS AND OWNER OF APE THREE WHEELER PASSENGER VEHICLE BEARING REGISTRATION NO.KA 37/9966, R/O: HAMPAS DURGA, TALUK: GANGAVATHI, DIST: KOPPAL. … RESPONDENTS (BY SRI M. AMAREGOUDA, ADVOCATE FOR R1; R2 AND R3 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 30.11.2015, PASSED IN MVC NO.287/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT GANGAVATHI AND ETC.,. IN M.F.A. NO.100392 OF 2016: BETWEEN: THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LIMITED, S-5, 3RD FLOOR, MONARCH CHAMBER, INFRONTARY ROAD, SHIVAJI NAGAR, BENGALURU-560 001. NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY, SHRIRAM GENERAL INSURANCE CO. LTD., NO.5/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD OFF. - 4 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 BENNURUGHATTA ROAD, IIMB POST, BENGALURU-560 076. … APPELLANT (BY SRI S.K. KAYAKAMATH, ADVOCATE.) AND: 1. NAREGOUDA S/O. NINGAPPA, AGE: 49 YEARS, OCC: AGRICULTURE AND MILK VENDING WORK, R/O: AGOLI, TALUK: GANGAVATHI, DIST: KOPPAL. 2. R. SIDDALINGAPPA S/O. RAJAN, AGE: 34 YEARS, OCCO: DRIVER OF APE THREE WHEELER PASSENGER VEHICLE BEARING REGISTRATION NO. KA 37/9966, R/O: GUNDAMMA CAMP, GANGAVATHI, DIST: KOPPAL. 3. DURUGAPPA S/O. PAMPANNA HARIJAN, AGE: 28 YEARS, OCC: BUSINESS AND OWNER OF APE THREE WHEELER PASSENGER VEHICLE BEARING REGISTRATION NO. KA 37/9966, R/O: HAMPAS DURGA, TALUK: GANGAVATHI, DIST: KOPPAL. … RESPONDENTS (BY SRI M. AMAREGOUDA, ADVOCATE FOR R1; R2 AND R3 – NOTICE SERVED.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.11.2015, PASSED IN MVC NO.290/2012, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT GANGAVATHI AND ETC.,. - 5 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 IN M.F.A. NO.100972 OF 2016: BETWEEN: NAREGOUDA S/O. NINGAPPA, AGE: 49 YEARS, OCC: AGRICULTURE AND MILK VENDING WORK, R/O: AGOLI, TQ: GANGAVATHI, DIST: KOPPAL. … APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE.) AND: 1. R. SIDDALINGAPPA S/O. RAJAN, AGE: 34 YEARS, OC: DRIVER OF APE THREE WHEELER PASSENGER VEHICLE BEARING NO. KA-37/9966, R/O: GUNDAMMA CAMP, GANGAVATHI, DIST: KOPPAL. 2. DURUGAPPA S/O. PAMPANNA HARIJAN, AGE: 32 YEARS, OCC: BUSINESS AND OWNER OF APE THREE WHEELER PASSENGER VEHICLE BEARING NO. KA-37/9966, R/O: HAMPAS DURGA CAMP, GANGAVATHI, DIST: KOPPAL. 3. THE GENERAL MANAGER, SRIRAMA GEN. INS. CO. LIMITED, S-5, 3RD FLOOR, MONARCH CHAMBER, INFRONTARY ROAD, SHIVAJI NAGAR, BENGALURU-560 001. … RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R3; R1 – NOTICE SERVED; R2 – SERVICE OF NOTICE HELD SUFFICIENT.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AND MODIFY THE JUDGMENT AND AWARD DATED 30.11.2015, PASSED IN MVC.NO.290/2012, ON THE - 6 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI AND ETC.,. THESE APPEALS COMING ON FOR FURTHER ARGUMENTS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) MFA No.100973/2016 and MFA No.100972/2016 are filed by the claimants challenging the judgment and award dated 30.11.2015, passed by the Senior Civil Judge and MACT, Gangavathi, in MVC No.287/2012 and MVC No.290/2012, seeking enhancement of compensation. Whereas, MFA No.100391/2016 and MFA No.100392/2016 are filed by the insurance company questioning liability fastened on it to pay compensation. 2. Heard the arguments addressed by the learned counsels appearing for respective parties and perused the trial Court records and the appeal papers. 3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the tribunal. - 7 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 4. It is the case of the claimants that on 29.06.2012 at about 09.00 a.m. the claimants were standing by the side of Vittalapur cross road waiting for bus to go to Gangavathi. At that time a three wheeler passenger auto came with a high speed and in a rash and negligent manner and dashed to the claimants due to which the claimants sustained injuries. Therefore, upon filing the claim petitions, the tribunal awarded compensation and has fastened liability to pay compensation on the insurance company of the auto rickshaw. 5. Learned counsel for the insurance company submitted that the auto rickshaw was having permit to ply on the Gangavathi City; beyond 16 kilometers the accident was caused. Therefore, there was deviation of road and accident is caused. Hence the insurance company is not liable to pay compensation. - 8 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 6. On the other hand, learned counsel for claimants submitted that the radius of permit limit is 30 kilometers from Gangavathi and 16 kilometers is within the permitted limit. Hence, there is no deviation of permit. Further, he also prayed to enhance the compensation. 7. Here, in the present case, the first ground urged by the learned counsel for insurance company is that beyond the permit limit the auto rickshaw had plied and caused the accident. The documents at Exs.R.4 to R.8 are the documents showing that there was a permit. The auto rickshaw had permit to ply within Gangavathi City having radius of 30 kilometers. As per the FIR, the place of accident is 16 kilometers from the police station, in which the case is registered. Therefore, there is no merit found in the contention taken by the insurance company. Therefore, the tribunal is correct in fastening liability on the insurance company of the auto rickshaw. - 9 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 8. Further, the second ground is, the auto rickshaw is a LMV (transport) vehicle. But the driver of the auto rickshaw was holding driving licence to drive LMV (non transport). The issue is squarely covered by the judgment of the Hon’ble Supreme Court in the case of MUKUND DEWANGAN VS. ORIENTAL INSURANCE COMPANY LIMITED1. Therefore on both these grounds the appeals filed by the insurance company are liable to be dismissed. REGARDING QUANTUM OF COMPENSATION: IN MFA No.100972/2016 (MVC No.290/2012): 9. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. Fracture of left clavicle. ii. Fracture of ribs and fracture public bone. iii. Mal-united fracture of public bone, left clavicle and both sides ribs. 1 (2017) 14 Supreme Court Cases 663 - 10 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 10. The tribunal has awarded compensation under various heads as under: 1. Loss of future income. 84,000/- 2. Pain and suffering. 25,000/- 3. Loss of amenities in life. 5,000/- 4. Loss of earning during treatment. 10,000/- 5. Diet, Nourishment, Attendants charges and conveyance. 5,000/- 6. Medical reimbursement. 57,444/- Total: 1,86,444/- 11. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 12. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.57,444/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.10,000/- towards incidental expenses like - 11 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 food, nourishment, traveling, attendant charges, etc., and Rs.19,500/- towards loss of income during laid up period for a period of 3 months, is awarded. 13. The doctor has stated that the claimant had suffered 20% of physical disability to the whole body, but the Tribunal has taken only 10% disability to the whole body, which is on lower side. Therefore, considering the evidence of the doctor, 13% functional disability is taken into consideration as the claimant had suffered fracture of left clavicle, fracture of ribs and fracture public bone and mal-united fracture of public bone, left clavicle and both sides ribs. 14. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 45 years at the time of accident. Therefore appropriate applicable multiplier is 14. Hence, loss of - 12 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 future income due to disability is hereby reassessed and quantified as Rs.1,41,960/- (Rs.6,500/- x 13% x 12 x 14). 15. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 30,000/- 2. Towards medical expenses. 57,444/- 3. Towards loss of amenities. 20,000/- 4. Towards loss of income during laid up period and medical treatment period. 19,500/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 10,000/- 6. Towards loss of future earning capacity. 1,41,960/- Total: 2,78,904/- 16. Therefore, the claimant is entitled for total compensation of Rs.2,78,904/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,86,444/- awarded by the Tribunal. The Insurance Company is directed to deposit - 13 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 the compensation within eight weeks from the date of receipt of a certified copy of this judgment. IN MFA NO.100973/2016 (MVC No.287/2012): 17. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: i. Fracture of right shoulder. ii. Fracture of right hip. iii. Mal-united fracture of right neck of femur and right neck of humerous. 18. The tribunal has awarded compensation under various heads as under: 1. Loss of future income. 1,08,000/- 2. Pain and suffering. 20,000/- 3. Loss of amenities in life. 5,000/- 4. Loss of earning during treatment. 10,000/- 5. Diet, Nourishment, attendants charges and conveyance. 5,000/- 6. Medical reimbursement, the petitioner has not produced any medical bills. ---- Total: 1,48,000/- - 14 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 19. Considering the nature of injuries sustained, compensation awarded by tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 20. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The claimant has not produced any documents regarding expenditure made towards medical expenses and hospital charges; therefore, compensation under the head medical expenses and hospital charges is not awarded. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.19,500/- towards loss of income during laid up period for a period of 3 months, is awarded. 21. The doctor has stated that the claimant had suffered 17 ½ % of physical disability to the whole body, but the Tribunal has taken only 10% of disability to the - 15 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 whole body, which is on lower side. Therefore, considering the evidence of the doctor, 15% of functional disability is taken into consideration as the claimant had suffered fracture of right shoulder, fracture of right hip and mal- united fracture of right neck of femur and right neck of humerous. 22. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 22 years at the time of accident. Therefore appropriate applicable multiplier is 18. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.2,10,600/- (Rs.6,500/- x 15% x 12 x 18). 23. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 30,000/- - 16 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 3. Towards loss of amenities. 20,000/- 4. Towards loss of income during laid up period and medical treatment period. 19,500/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 10,000/- 6. Towards loss of future earning capacity. 2,10,600/- Total: 2,90,100/- 24. Therefore, the claimant is entitled for total compensation of Rs.2,90,100/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,48,000/- 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. 25. In the result, I proceed to pass the following: ORDER i. The appeals filed by the Insurance Company in MFA Nos.100391 and 100392 of 2016 are dismissed. - 17 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 ii. The appeals field by the claimants in MFA Nos.100972 and 100973 of 2016 are allowed-in-part. iii. The judgment and award dated 30.11.2015 passed in MVC Nos.290 and 287 of 2012 on the file of Senior Civil Judge and MACT, Gangavathi, stands modified. iv. The claimant in MFA No.100972/2016 (MVC No.290/2012) is entitled for total compensation of Rs.2,78,904/- along with interest at the rate of 6% p.a. from the date of petition till its realization. v. The claimant in MFA No.100973/2016 (MVC No.287/2012) is entitled for total compensation of Rs.2,90,100/- along with interest at the rate of 6% p.a. from the date of petition till its realization. vi. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vii. Send back the trial Court records along with a copy of this judgment. - 18 - HC-KAR NC: 2025:KHC-D:8131 MFA No. 100973 of 2016 C/W MFA No. 100391 of 2016 MFA No. 100392 of 2016 MFA No. 100972 of 2016 viii. Amount in deposit made by the Insurance Company shall be transmitted to the Tribunal. ix. No order as to costs. x. Draw modified award accordingly. In view of disposal of the appeals, pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK-para 1 to 8. SRA-para 9 to end. CT:BCK LIST NO.: 1 SL NO.: 43