- 1 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 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. 102782 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100611 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100612 OF 2018 MISCELLANEOUS FIRST APPEAL NO. 100613 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100614 OF 2018 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 100615 OF 2018 (MV-I) IN MFA No. 102782/2017 BETWEEN: 1. SHRI PUNDALIK S/O KAREPPA GAVANNAVAR, AGE: 40 YEARS, OCC: COOLIE/GOUNDI, NOW NILL, R/O: SIDNAL, TQ: RAMADURG, DIST: BELAGAVI. …APPELLANT (BY SRI. HANAMANT R LATUR., ADV) AND: 1. SHRI. LALEMASHAK RAZAK S/O ABDUL RAZAK, AGE: 44 YEARS, OCC: BUSINESS, R/O: H.NO-1070, AVANATI NAGAR, USGAON-403407. TQ: PONDA, GOA. 2. NATIONAL INSURANCE COMPANY LTD. DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMADEV GALLI, BELAGAVI-590001. 3. SHRI. BASAVARAJ S/O KEMPANNA KATTI, AGE: 50 YEARS, OCC: BUSINESS, R/O: M-CHANDARAGI- 591114, TQ: RAMADURG, DIST: BELAGAVI. 4. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, DIVISIONAL MANAGER, MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS CLUB ROAD, BELAGAVI- 590001. …RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2, SRI. SANTOSH B. RAWOOT, ADV FOR R3, SRI. G.N. RAICHUR, ADV FOR R4, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.1745/2013 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100611/2018 BETWEEN: 1. SHRI. SHANKAREPPA @ SHANKAR S/O. MAHADEVAPPA BADIGER, AGE:45 YEARS, OCC:CARPENTER, NOW NIL, R/O. SIDNAL-591112, TQ:RAMADURGA, DIST:BELAGAVI. ...APPELLANT (BY SRI. HANAMANT R LATUR., ADV) AND: 1. SHRI. LALEMASHAK RAZAK S/O. ABDUL RAZAK, AGE:44 YEARS, OCC:BUSINESS, R/O. H.NO.1070, AVANATI NAGAR, USGAON-403407, TQ:PONDA, GOA. 2. NATIONAL INSURANCE COMPANY LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI-590001. 3. SHRI BASAVARAJ S/O. KEMPANNA KATTI AGE: 50 YEARS, OCC: BUSINESS, R/O. M CHANDARAGI-591114, TQ:RAMADURGA, DIST:BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 4. THE ORIENTAL INSURANCE CO.LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-590001. ...RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2, SRI. H.M. DHARIGOND, ADV FOR R3, SRI. G.N. RAICHUR, ADV FOR R4, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.2250/2013 ON THE FILE OF THE VIII- ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100612/2018 BETWEEN: 1. SHRI. VITHAL S/O. KAREPPA GAVANNAVAR AGE: 37 YEARS, OCC: MASON, NOW NIL, R/O. SIDNAL-591112, TQ:RAMADURG, DIST:BELAGAVI. ...APPELLANT (BY SRI. HANAMANT R LATUR., ADV) AND: 1. SHRI. LALEMASHAK RAZAK S/O. ABDUL RAZAK, AGE: 44 YEARS, OCC:BUSINESS, R/O. H.NO.1070, AVANATI NAGAR, USGAON-403407, TQ:PONDA, GOA. 2. NATIONAL INSURANCE COMPANY LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI-590001. 3. SHRI BASAVARAJ S/O. KEMPANNA KATTI AGE: 50 YEARS, OCC: BUSINESS, R/O. M CHANDARAGI-591114, TQ:RAMADURGA, DIST:BELAGAVI. - 4 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 4. THE ORIENTAL INSURANCE CO.LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-590001. ...RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2, SRI. H.M. DHARIGOND, ADV FOR R3, SRI. G.N. RAICHUR, ADV FOR R4, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.2247/2013 ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100613/2018 BETWEEN: 1. SHRI. SHANKREPPA S/O MAHADEVAPPAP CHANDARAGI AGE: 50 YEARS, OCC: STONE CUTTING AND AGRICULTURE, NOW NIL, R/O: SIDNAL- 591112, TQ: RAMADURG, DIST: BELAGAVI. ...APPELLANT (BY SRI. HANAMANT R LATUR., ADV) AND: 1. SHRI. LALEMASHAK RAZAK S/O. ABDUL RAZAK, AGE: 44 YEARS, OCC:BUSINESS, R/O. H.NO.1070, AVANATI NAGAR, USGAON-403407, TQ:PONDA, GOA. 2. NATIONAL INSURANCE COMPANY LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI-590001. - 5 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 3. SHRI. BASAVARAJ S/O. KEMPANNA KATTI AGE: 50 YEARS, OCC: BUSINESS, R/O. M -CHANDARAGI-591114, TQ:RAMADURG, DIST:BELAGAVI. 4. THE ORIENTAL INSURANCE CO. LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-590001. ...RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2, SRI. H.M. DHARIGOND, ADV FOR R3, SRI. G.N. RAICHUR, ADV FOR R4, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.2248/2013 ON THE FILE OF THE VIII- ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100614/2018 BETWEEN: 1. SHRI. NARAYAN S/O BALAPPA BADIGER AGE: 47 YEARS, OCC: CARPENTER, NOW NIL, R/O: SIDNAL-591112, TQ: RAMADURG, DIST: BELAGAVI. ...APPELLANT (BY SRI. HANAMANT R LATUR., ADV) AND: 1. SHRI. LALEMASHAK RAZAK S/O. ABDUL RAZAK, AGE: 44 YEARS, OCC: BUSINESS, R/O. H.NO.1070, AVANATI NAGAR, USGAON-403407, TQ:PONDA, GOA. 2. NATIONAL INSURANCE COMPANY LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI-590001. - 6 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 3. SHRI BASAVARAJ S/O. KEMPANNA KATTI AGE: 50 YEARS, OCC: BUSINESS, R/O. M-CHANDARAGI-591114, TQ:RAMADURG, DIST:BELAGAVI. 4. THE ORIENTAL INSURANCE CO. LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-590001. ...RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2, SRI. H.M. DHARIGOND, ADV FOR R3, SRI. G.N. RAICHUR, ADV FOR R4, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.2249/2013 ON THE FILE OF THE VIII- ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 100615/2018 BETWEEN: 1. SHRI. MARUTI S/O HANAMANTAPPA KARIKATTI @ HIRGUR, AGE: 40 YEARS, OCC: STONE CUTTING, NOW NIL, R/O: SIDNAL- 591112, TQ: RAMADURG, DIST: BELAGAVI. ...APPELLANT (BY SRI. HANAMANT R LATUR., ADV) AND: 1. SHRI. LALEMASHAK RAZAK S/O. ABDUL RAZAK, AGE: 44 YEARS, OCC: BUSINESS, R/O. H.NO.1070, AVANATI NAGAR, USGAON-403407, TQ: PONDA, GOA. - 7 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 2. NATIONAL INSURANCE COMPANY LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI-590001. 3. SHRI BASAVARAJ S/O. KEMPANNA KATTI AGE: 50 YEARS, OCC: BUSINESS, R/O. M-CHANDARAGI-591114, TQ: RAMADURG, DIST: BELAGAVI. 4. THE ORIENTAL INSURANCE CO. LTD DIVISIONAL OFFICE, DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-590001. ...RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2, SRI. H.M. DHARIGOND, ADV FOR R3, SRI. G.N. RAICHUR, ADV FOR R4, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.06.2016 PASSED IN MVC NO.2251/2013 ON THE FILE OF THE VIII- ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These appeals arise out of a common judgment and award dated 03.06.2016 passed in MVCs No.2250/2013, 2247/2013, 2248/2013, 2249/2013, 2251/2013 and - 8 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 1745/2013 by the learned VIII Addl. District and Sessions Judge, Belagavi (‘Tribunal’ for short). 2. Brief facts leading rise to the filing of these appeals are as follows: 3. On 16.06.2012 at about 11:45 p.m., the petitioners in the petitions loaded their tin sheets in the goods vehicle bearing Reg.No.KA-24/5423 and were proceeding in the said vehicle from Belagavi to Sidnal Village along with their tin sheets. When they reached near Karemma Temple, the driver of the Maruti Omni bearing Reg.No.GA-02/J-2872 came from the opposite direction in a rash and negligent manner at a high speed and dashed to the goods vehicle. As a result, the petitioners sustained grievous injuries. The petitioners have filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petitions. - 9 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 4. A notice was issued to the owners of the respective vehicles. They filed their statements of objections denying the averments made in the claim petitions and denying that the accident occurred due to the the rash and negligent driving of the drivers both vehicles. It was contended that, the driver of both the vehicles possessed valid and effective driving licences as of the date of the accident and the insurance policy was valid and hence, prays to dismiss the claim petitions against the owners of both the vehicles. 5. The Insurance Companies of both the vehicles have filed their statements of objections denying the averments made in the claim petition and contended that the drivers of both the vehicles did not possess valid and effective driving licences as of the date of the accident and there was a contributory negligence on the part of the drivers of the vehicles involved in the accident. The petitioners were travelling as gratuitous passengers. Thus, there is a violation of policy conditions. Hence, - 10 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS prays to dismiss the claim petitions against both the Insurance Companies. 6. The Tribunal clubbed all the claim petitions and framed separate issues in each claim petitions. 7. The petitioners, to substantiate their case, the petitioner in MVC No.2250/2013 was examined as PW-1 and marked the documents at Exs.P1 to P9 and P19 to P25; the petitioner in MVC No.2247/2013 was examined as PW-2, and marked the documents at Exs.P26 to P33; the petitioner in MVC No.2248/2013 was examined as PW-3, and marked the documents at Exs.P34 to P39; the petitioner in MVC No.2249/2013 was examined as PW-4, and marked the documents at Exs.P46 to 51; the petitioner in MVC No.2251/2013 was examined as PW-5, and marked the documents at Exs.P42 to 45; the petitioner in MVC No.1745/2013 was examined as PW-6, and marked the documents at Exs.P10 to P18; the Medical Officer was examined as PW-7, and marked the - 11 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS documents at Exs.P17, P17a, P24, P24a, P32, P32a, P38, P38a, P44, P44a, P51, P51a, P12a, P13a, P19a, P20a, P26a, P28a, P34a, P35a, P40a, P41a, P46a and P47a. In rebuttal, the National Insurance Company Limited marked two documents as Exs.R1 and R2 with consent, and the owner of the goods vehicle was examined as RW-1, and marked one document as Ex.R3; the Officer of National Insurance Co. Ltd. was examined as RW-2, and marked one document as Ex.R4; one witness was examined as RW-3, and two documents were marked as Exs.R5 and R6. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part vide a common judgment dated 03.06.2016 and awarded a global compensation of Rs.8,000/- in MVC No.1745/2013, Rs.9,000/- in MVC No.2249/2013, Rs.5,000/- in MVC No.2248/2015, Rs.5,000/- in MVC No.2247/2013, Rs.6,000/- in MVC No.2250/2013 and Rs.9,000/- in MVC No.2251/2013 and directed the owner of the goods vehicle to deposit the amount awarded along - 12 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS with accrued interest. The claim petitions against owner and insurer of Omni car and the Insurance Company of goods vehicle were dismissed. 9. The petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal, have filed these appeals. 10. Heard the learned counsel for the petitioners, the learned counsel for the owner and the insurance companies. 11. Learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side and meager and hence, prays to allow the appeals. 12. Per contra, learned counsel for the Oriental Insurance Company submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference by this Court and accordingly, prays to dismiss the appeals. - 13 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 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 quantum of compensation. 15. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioners in the road traffic accident. 16. The petitioners, prove the accident produced a charge sheet marked as Ex.P-7 which discloses that the accident occurred due to the rash and negligent driving of the driver of the goods vehicle. The petitioners, to prove the disability examined the Doctor as PW-7 who has opined that the petitioners have suffered the disability. The Tribunal considering the nature of the injuries suffered by the petitioners, awarded a global compensation of Rs.8,000/- in MVC No.1745/2013, Rs.9,000/- in MVC No.2249/2013, Rs.5,000/- in MVC No.2248/2015, Rs.5,000/- in MVC No.2247/2013, Rs.6,000/- in MVC - 14 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS No.2250/2013 and Rs.9,000/- in MVC No.2251/2013. Considering the evidence of the Doctor, this Court is of the opinion that the compensation awarded by the Tribunal is on the lower side. 17. The vehicle was insured with 4th respondent i.e., Oriental Insurance Co. Ltd. as of the date of the accident, and the policy was in force. Although there is a violation of the policy conditions, the Oriental Insurance Company is liable to indemnify the owner against the 3rd party at the first instance and recover the same from the owner of the vehicle. The oriental insurance company i.e., 4th respondent is directed to pay the compensation amount at the first instance and recover the same from the owner of the goods vehicle i.e. respondent No.3 in accordance with law, as per the law laid down by the Hon’ble Apex Court in the case of Oriental Insurance Company Ltd. Vs. Shri Nanjappa1. 1 AIR 2004 SC 1630 - 15 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS 18. Considering the nature of the injuries sustained by the petitioners in all the claim petitions, this Court is of the opinion that the each of the petitioners is entitled to a global compensation of Rs.75,000/- . 19. In view of the above discussion, I proceed to pass the following: ORDER i. All the appeals are allowed in part. ii. The judgment and award passed by the Tribunal is hereby modified. iii. The petitioners are entitled to global compensation of Rs.75,000/- each, including the compensation awarded by the Tribunal with interest at the rate of 6% per annum from the date of the petition till realization excluding the interest for the delayed period in filing the appeals i.e. MFA Nos.102782/2017, 100613/2018, 100614/2018, 100615/2018, 100611/2018 and 100612/2018. - 16 - HC-KAR NC: 2025:KHC-D:12900 MFA No. 102782 of 2017 C/W MFA No. 100611 of 2018 MFA No. 100612 of 2018 AND 3 OTHERS iv. The rest of the judgment and award passed by the Tribunal is maintained. v. The Trial Court records be transmitted to the Tribunal, forthwith. Draw the award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE PA, KMV CT: BSB List No.: 1 Sl No.: 30