- 1 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101109 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 101110 OF 2018(MV-I) MISCELLANEOUS FIRST APPEAL NO. 101111 OF 2018(MV-I) IN MFA NO.101109 OF 2018: BETWEEN: NAGARAJ S/O BASAVANNEPPA BAHHIHATTI, AGE: 48 YEARS, OCC: GOVT. SCHOOL HEAD MASTER AND AGRICULTURE, R/O: CHOLAMARADESHWARNAGAR, TALUK: RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. ANJANEYA M., ADVOCATE) AND: 1. BASAPPA S/O HULAGAPPA DOMBAR, (SINCE DECEASED, REPRESENTED BY LR’S.) SMT. GOURAMMA W/O BASAPPA DOMBAR, AGE: MAJOR, OCC: HOUSEHOLD, 2. HULAGAPPA S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, 3. RAVI S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, 4. GAJENDRA S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 ALL ARE R/O: CHIKKAMATTUR VILLAGE, TQ: HIREKERUR-581 110. 5. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M. ARCADA, NEAR VIDYARTHI BHAVAN, C.G. HOSPITAL ROAD, DAVANAGERE, REPRESENTED BY BRANCH MANAGER, RANEBENNUR-581 115. … RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R5; R1 TO R4-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 09.10.2014 BY ENHANCING THE AWARD AMOUNT PASSED IN M.V.C. NO.904/2012, ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR. IN MFA NO.101110 OF 2018: BETWEEN: BHAVANA D/O NAGARAJ BAHHIHHATTI, AGE: 17 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HER NATURAL MOTHER AND MG, GOURAMMA W/O NAGARAJ BAHHIHATTI, AGE: 46 YEARS, OCC: GOVT. SCHOOL TEACHER, R/O: CHOLAMARADESHWARNAGAR, TALUK: RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. ANJANEYA M., ADVOCATE) AND: 1. BASAPPA S/O HULAGAPPA DOMBAR, (SINCE DECEASED, REPRESENTED BY LR’S.) SMT. GOURAMMA W/O BASAPPA DOMBAR, AGE: MAJOR, OCC: HOUSEHOLD, - 3 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 2. HULAGAPPA S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, 3. RAVI S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, 4. GAJENDRA S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, ALL ARE R/O: CHIKKAMATTUR VILLAGE, TQ: HIREKERUR-581 110. 5. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M. ARCADA, NEAR VIDYARTHI BHAVAN, C.G. HOSPITAL ROAD, DAVANAGERE, REPRESENTED BY BRANCH MANAGER, RANEBENNUR-581 115. … RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R5; R1 TO R4-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 09.10.2014 BY ENHANCING THE AWARD AMOUNT PASSED IN M.V.C. NO.906/2012, ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR. IN MFA NO. 101111 OF 2018: BETWEEN: SMT. GOURAMMA W/O NAGARAJ BAHHIHATTI, AGE: 46 YEARS, OCC: SCHOOL TEACHER, CHOLAMARADESHWARANAGAR, TALUK: RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. ANJANEYA M., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 AND: 1. BASAPPA S/O HULAGAPPA DOMBAR, (SINCE DECEASED, REPRESENTED BY LR’S.) SMT. GOURAMMA W/O BASAPPA DOMBAR, AGE: MAJOR, OCC: HOUSEHOLD, 2. HULAGAPPA S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, 3. RAVI S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, 4. GAJENDRA S/O BASAPPA DOMBAR, AGE: MAJOR, OCC: BUSINESS, ALL ARE R/O: CHIKKAMATTUR VILLAGE, TQ: HIREKERUR-581 110. 5. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., A.M. ARCADA, NEAR VIDYARTHI BHAVAN, C.G. HOSPITAL ROAD, DAVANAGERE, REPRESENTED BY BRANCH MANAGER, RANEBENNUR-581 115. … RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R5; R1 TO R4-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 09.10.2014 BY ENHANCING THE AWARD AMOUNT PASSED IN M.V.C. NO.905/2012, ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR. THESE APPEALS ARE COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) All these three appeals filed by the claimants challenging the judgment and award dated 09.10.2014 passed in MVC Nos.904, 905 and 906 of 2012 on the file of Additional Senior Civil Judge and AMACT, Ranebennur1 questioning liability fastened on the owner of the TATA ACE goods vehicle bearing Reg.No.KA-27/A-4177 and also seeking enhancement of compensation. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. Heard arguments from both the learned counsel appearing for the parties and perused the materials placed before the Court. 4. Brief facts of the case are that on 18.10.2012 at about 10.00 am., all the three claimants in MVC Nos.904, 1 (hereinafter referred to as ‘the Tribunal’ for short) - 6 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 905 and 906 of 2012 were going on motorcycle bearing Reg.No.KA-27/H-1311 from Cholamaradeswar Nagar, Ranebennur from their house towards Nittur School, as rider and pillion riders, for attending dance practice of claimant in MVC No.906/2012 (Bhavana). At that time, on PB road near Agricultural Office, Ranebennur, a TATA ACE goods vehicle bearing Reg.No.KA-27/A-4177 came in a rash and negligent manner without following the traffic rules and regulations, dashed against the motorcycle and caused the accident. Due to the said impact, the claimants have sustained injuries. 5. Upon the claim petitions filed by the claimants, the Tribunal has awarded compensation of Rs.1,97,038/-, Rs.7,000/- and Rs.6,000/- respectively along with interest at the rate of 6% p.a. from the date of petitions till its realization. 6. In the present case, the offending vehicle is a TATA ACE goods vehicle, which is a light motor vehicle - 7 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 (transport), but the driver of the TATA ACE goods vehicle was holding driving licence to driver the light motor vehicles (non transport). The accident occurred in the year 2012. Therefore, a person who is holding driving licence to drive light motor vehicles (non transport), is also competent to drive light motor vehicle (transport). 7. The issue involved is squarely covered by the judgment of Hon’ble Supreme Court in the case of MUKUND DEWANGAN VS. ORIENTAL INSURANCE COMPANY LIMITED2 (Mukund Dewangan case). Admittedly, as on the date of accident, the driver was holding driving licence to drive Light Motor Vehicle (non- transport). Even the driver who is holding driving license to drive light motor vehicle (non-transport) can also drive light motor vehicle (transport). Therefore, as per the judgment of Hon’ble Supreme Court in the case of MUKUND DEWANGAN (stated supra), the observation made by the Tribunal is liable to be set-aside as there is 2 (2017) 14 Supreme Court Cases 663 - 8 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 no violation of conditions of insurance policy. Hence, the Insurance Company is liable to indemnify the owner of the TATA ACE goods vehicle. Therefore, the Insurance Company is liable to pay the compensation. REGARDING QUANTUM OF COMPENSATION: 8. In MFA No.101109/2018 (MVC No.904/2012), the Tribunal upon considering the injuries sustained by the claimant has awarded compensation of Rs.1,97,038/-, which is found to be just and proper. Hence, there is no need to make any modification in this regard. Therefore, the same is kept intact. IN MFA NO.101110/2018 (MVC NO.906/2012): 9. In the present case, considering the nature of injuries sustained, which are simple in nature by the claimant, compensation awarded by the Tribunal is lesser side. Therefore, considering the oral evidence, it is just and proper to award additional global compensation of Rs.5,000/-. Therefore, the claimant is entitled for an - 9 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 additional global compensation of Rs.5,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. IN MFA No.101111/2018 (MVC NO.905/2012): 10. In the present case, considering the nature of injuries sustained, which are simple in nature by the claimant, compensation awarded by the Tribunal is lesser side. Therefore, considering the oral evidence, it is just and proper to award additional global compensation of Rs.5,000/-. Therefore, the claimant is entitled for an additional global compensation of Rs.5,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. 11. The Insurance Company shall pay compensation to the claimants by indemnifying the owner of the TATA ACE goods vehicle within a period of eight weeks from the date of receipt of copy of this judgment. 12. In the result, I proceed to pass the following: - 10 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 ORDER i. The appeals are allowed-in-part. ii. The judgment and award dated 09.10.2014 passed in MVC Nos.904, 905 and 906 of 2012 on the file of Additional Senior Civil Judge and AMACT, Ranebennur, stand modified. iii. The claimant in MFA No.101110/2018 (MVC No.906/2012) is entitled additional global compensation of Rs.5,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. The claimant in MFA No.101111/2018 (MVC No.905/2012) is entitled additional global compensation of Rs.5,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of - 11 - HC-KAR NC: 2025:KHC-D:8359 MFA No. 101109 of 2018 C/W MFA No. 101110 of 2018 MFA No. 101111 of 2018 6% p.a. from the date of petition till its realization. v. The Insurance Company shall pay compensation to the claimants by indemnifying the owner of the TATA ACE goods vehicle within a period of eight weeks from the date of receipt of copy of this judgment. vi. The claimants are not entitled interest for the delayed period of 1139 days in filing the appeals. vii. Send a copy of this judgment to the Tribunal. viii. No order as to costs. ix. Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 22