- 1 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103060 OF 2014 (MV-) BETWEEN: KUMAR @ RAJU S/O. NINGAPPA KOUJALAGI, AGE: 29 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. TERADAL, NOW AT KULAGOD, TQ: GOKAK, DIST: BELGAUM. …APPELALNT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. SRI. SHANTINATH @ SAGAR S/O. SUBHAS NANDAGANVI, AGE: 24 YEARS, OCC: BUSINESS, R/O. UGAR B.K.(PARAMESHWARWADI) TQ: ATHANI, DIST: BELGAUM. 2. SRI. AJIT S/O. BHUJAPPA NANDGANVI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. UGAR B.K.(PARAMESHWARWADI) TQ: ATHANI, DIST: BELGAUM. …RESPONDENTS (R1 AND R2-SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGEMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL JUDGE AND MACT GOKAK IN MVC NO.638/2013 DATED 28.07.2014 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.27 11:23:32 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT This appeal is filed by the petitioner challenging the judgment and award dated 28.07.2014 passed in M.V.C.No.638/2013 by the learned Principal Senior Civil Judge and Additional M.A.C.T., Gokak. 2. Brief facts leading rise to the filing of this appeal are as follows: On 16.01.2012, the petitioner was proceeding as a pillion rider on a motorcycle bearing registration No.KA- 22/L-8168. One Shankar Mahadev Niganur was riding the motorcycle. When they came near the accident spot, at that time, motorcycle bearing registration No.KA-23/Q-6393 came from the opposite direction at a high speed and dashed to the motorcycle of the petitioner. As a result, he sustained grievous injuries. Hence, he filed the claim petition under Section 166 of M.V. Act claiming compensation. Accordingly, prays to allow the claim petition. - 3 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 3. A notice was issued to the rider and owner of the motorcycle. Despite the service of a notice, they remained unrepresented, and placed exparte before the Tribunal. 4. The Tribunal, based on the pleadings of the parties, framed the relevant points. 5. The petitioner, to substantiate his case, examined himself as PW-1, examined the doctor as PW-2 and marked 109 documents as Exs.P-1 to P-109. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 28.07.2014 and awarded a compensation of Rs.85,000/- along with interest at the rate of 6% p.a. from the date of petition till realization, and held the respondents i.e., the rider and owner of the motorcycle jointly and severally liable to pay the compensation amount. - 4 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 7. The petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed this appeal. 8. Heard the arguments of the learned counsel for the petitioner. 9. A notice was issued to the respondents. Despite the service of notice, they remained unrepresented before this Court. 10. Learned counsel for the petitioner submits that the petitioner to prove the disability, examined the doctor as PW-2 who has assessed the disability of the petitioner to the extent of 80% to the whole body. He submits that that the Tribunal has committed an error in discarding the evidence of PW-2 on the ground that PW-2 did not give any satisfactory explanation as to why there were the mal- united fractures. He also submits that the compensation awarded by the Tribunal in on lower side. Hence, on these grounds, he prays to allow the appeal. - 5 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 11. Perused the records, and considered the submissions of the learned counsel for the petitioner. 12. The point that would arise for consideration is regarding the quantum of compensation. 13. There is no dispute regarding the occurrence of the accident, and the petitioner having sustained grievous injuries in the road traffic accident. To prove the accident, the petitioner produced a charge sheet marked as Ex.P-5, which is filed against the rider of the offending motorcycle and copy of FIR and complaint marked as Ex.P-1. The Tribunal considering Ex.P-5, has rightly held that the accident occurred due to the rash and negligent riding of the rider of the motorcycle. Regarding quantum of compensation: 14. The petitioner has contended that he has suffered a permanent disability and to prove the disability, examined the doctor as PW-2 who deposed that he has examined the petitioner clinically and radiologically and - 6 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 issued the disability certificate marked as Ex.P-108. The Tribunal has discarded the evidence of PW-2 on the ground that PW-2 did not give any satisfactory explanation as to why there is a mal-united fractures and also what are the tests he conducted in assessing the movement restriction is not stated. PW-2 is not a treated doctor. The Tribunal declined to grant the compensation under the head loss of future earning capacity. The disability certificate issued by PW-2 is without any basis. The Tribunal considering the evidence of PW-2 has rightly discarded the disability certificate issued by PW-2. Considering the nature of injuries suffered by the petitioner, this Court is of the opinion that the petitioner is entitled to a global compensation of Rs.2,00,000/- including the compensation awarded by the Tribunal. In view of the same, the point regarding quantum of compensation is answered accordingly. 15. In view of the above discussion, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:13510 MFA No. 103060 of 2014 ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 28.07.2014 passed in M.V.C.No.638/2013 by the learned Principal Senior Civil Judge and Additional M.A.C.T., Gokak, is modified. (iii) The petitioner is entitled to global compensation of Rs.2,00,000/- including the compensation awarded by the Tribunal with interest at 6% p.a. from the date of the petition till its realization. (iv) The respondents are directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this judgment. (v) The office is directed to transmit the records to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT:ANB List No.: 1 Sl No.: 16