- 1 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103396 OF 2015 (MV-) BETWEEN: 1. SHRI. WASIM S/O GOUSS MULLA AGE:30 YEARS, OCC: MASONARY WORK (NOW NIL), R/O:MUSLIM GALLI, KAKATI, TQ: & DIST:BELAGAVI …APPELLANT (BY SRI. B.M. PATIL, ADV) AND: 1. SHRI. SUNIL S/O SHIVAJI CHAVAN AGE: MAJOR, OCC: BUSINESS R/O:AT/POST: KHEDE, MUNGUSWADI TQ: AJARA, DT:KOLHAPUR (OWNER OF MOTOR CYCLE NO.MH-09/CS-3284) 2. UNITE INDIA INSURANCE CO. LIMITED THROUGH ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI (INSURER OF MOTOR CYCLE BEARING REG NO.MH-09/CS-3284 POLICY NO.1603063113P106510708 VALID FROM 8.1.2014 TO 7.1.2015) 3. SHRI. JABBAR ABDUL RAHIM MULLA AGE:MAJOR, OCC:BUSINESS R/O:MUSLIM GALLI, KAKATI, TQ: & DIST: BELAGAVI (OWNER OF MOTOR CYCLE NO. MH-09/BS-5542) 4. UNITED INDIA INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI (INSURER OF MOTOR CYCLE BEARING REG NO.MH-09/BS-5542 POLICY NO.1603063113PP104596320 VALID FROM 12.10.2013 TO 11.10.2014) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 …RESPONDENTS (BY SRI. RAJASHEKAR S. ARANI, ADV FOR R2, NOTICE TO R3 IS DISPENSED WITH, NOTICE TO R1 & R4 ARE SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.04.2015, PASSED IN MVC NO.802/2014 ON THE FILE OF THE IX ADDL. DISTRICT & SESSIONS JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the appellant-claimant, challenging the judgment and award dated 24.04.2015 passed in MVC No.802/2014 by the IX Additional District and Sessions Judge, and Additional MACT, Belagavi. 2. Brief facts, leading rise to the filing of this appeal, are as follows: - 3 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 3. On 16.03.2014, at 18.15 hours, the petitioner was proceeding on the motorcycle bearing Reg.No.MH- 09/BS-5542 from Gadahinglaj to Ajara. When he came near new petrol pump of Koulage village, the rider of the motorcycle bearing Reg.No.MH-09/CS-3284 came from opposite direction, in a rash and negligent manner, and dashed to the motorcycle of the petitioner. Due to the said impact, the petitioner fell and sustained grievous injuries. The petitioner filed a claim petition under Section 166 of the M.V.Act, claiming compensation for the injuries sustained by him in a road traffic accident. 4. The owners of both motorcycles appeared through the counsel, but did not file the statement of objections. 5. Respondent Nos. 2 and 4-the Insurance Company filed a statement of objections denying the averments made in the claim petition. It is contended that the riders of the motorcycles did not possess a valid and - 4 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 effective driving license as of the date of accident. Hence, prays to dismiss the claim petition against the Insurance Company. 6. The pillion rider also filed the claim petition. The Tribunal, clubbed both claim petitions, and based on the pleadings of the parties, framed the separate relevant issues. 7. The petitioner, to substantiate his case, examined himself as P.W.1, examined the doctor as P.W.3, and marked 63 documents as Exs.P1 to P63. On the other hand, the respondents have not led oral or documentary evidence. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs, and awarded compensation of Rs.2,58,000/- with interest at the rate of 9% p.a. from the date of the petition till realisation. It is held that Respondent Nos. 1 and 2, being the owner and the insurer of the motor cycle - 5 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 bearing Reg.No.MH-09/CS-3284 are jointly and severally liable to pay the compensation to the petitioner. 8. The petitioner, aggrieved by the quantum of compensation awarded in MVC No.802/2014, filed this Miscellaneous First Appeal. 9. Heard the learned counsel for the petitioner and the learned counsel for the Insurance Company. 10. The learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side, and prays to allow the appeal. 11. Per contra, the learned counsel for the Insurance Company 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 dismiss the appeal. 12. Perused the records, and considered the submissions made by the learned counsel for the parties. - 6 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 13. The point, that would arise for consideration is regarding the quantum of compensation. 14. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioner in a road traffic accident. The Tribunal was justified in recording a finding that the accident occurred due to the rash and negligent riding of the rider of the offending motorcycle bearing Reg.No.MH-09/CS-3284. Reg. Quantum of compensation: 15. It is contended that the petitioner was working as a mason, and was earning Rs.10,000/- p.m. To prove his income, the petitioner has not produced any income proof. However, the Tribunal has taken Rs.7,000/- p.m., which is on the lower side. In the absence of proof of income, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka State Legal Services Authority. The accident occurred in 2014, and the notional income of the petitioner is taken at Rs.7,500/- p.m. The - 7 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 petitioner was aged 29 years old as of the date of the accident. The appropriate multiplier applicable to the age group is ‘17’. To prove the disability, the petitioner examined the doctor as P.W.3. He opined that the petitioner has sustained disability to the extent of 40%. However, the Tribunal has assessed the permanent disability to the whole body at 10%, which is on the lower side. Considering the evidence of the doctor, and the medical records, this court is of the opinion that the percentage of disability assessed by the Tribunal is on the lower side. This court re-asses the permanent disability to the whole body at 15%. 16. Thus, this court on re-assessment of the entire evidence on record, awards the following compensation: Sl. No. Heads of compensation Compensation awarded in Rs. By the Tribunal By this Court 3 Pain and suffering 30,000/- 50,000/- 4 Loss of income during the laid up period 21,000/- 22,500/- (Rs.7,500 x 3) 5 Loss of future earning due to disability 1,42,800/- 2,29,500/- (Rs.7,500/- x12x17x15%) 6 Los of life expectancy 10,000/- -- - 8 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 Medical expenses 34,000/- 34,000/- Conveyance and nourishment and attendant charges 5,000/- 15,000/- 7 Loss of amenities 15,000/- 25,000/- Total : Rounded off to 2,57,800/- 2,58,000/- 3,76,000/- Enhanced compensation 1,18,000/- 17. In view of the above discussion, I proceed to pass the following: ORDER (i) The Appeal is allowed in part. (ii) The impugned judgment and the award passed by the Tribunal is hereby, modified. (iii) The petitioner is entitled to a total compensation of Rs.3,76,000/- as against Rs.2,58,000/- awarded by the Tribunal with interest at 9% per annum from the date of petition till realisation of the amount. (iv) The Insurance Company is directed to deposit the enhanced compensation with accrued interest within 8 weeks from the date of receipt of a copy of this judgment. - 9 - HC-KAR NC: 2025:KHC-D:12292 MFA No. 103396 of 2015 (v) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 13