- 1 - NC: 2025:KHC-D:3050 MFA No. 101570 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101570 OF 2018 (MV-I) BETWEEN: SHARANABASU S/O. RUDRAGOUDA GOUDAR @ POLICE PATIL @ PATIL, AGE: 08 YEARS, OCC: EDUCATION, SINCE MINOR REPRESENTED BY RUDRAGOUDA S/O. DYAMANAGOUDA GOUDAR @ POLICE PATIL @ PATIL, AGE: 39 YEARS, R/O: KIRASUR, TQ: HUNGUND, DIST: BAGALKOT-587101. …APPELLANT (BY SRI P.N. HOSAMANE, ADVOCATE) AND: 1. MANJUNATH S/O. BASAPPA AMBIGER, AGE: 37 YEARS, OCC: DRIVER AND OWNER OF VEHICLE, R/O: SECTOR NO.46, NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587101. 2. THE BRANCH MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, NEAR SWIMMING POOL, NEW COTTON MARKET, HUBBALLI-580009, POLICY NO.TOQ-1094183 VALIDITY FROM 25/4/2014 TO 24/4/2015. …RESPONDENTS (BY SRI M.B. HOSALKAR, ADVOCATE FOR R1; SRI G.N. RAICHUR, ADVOCATE FOR R2 (V/C)) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL BY MODIFY AND ENHANCE THE JUDGMENT AND AWARD DATED 06.01.2018 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND M.A.C.T. HUNGUND IN MVC NO.336/2015 IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3050 MFA No. 101570 of 2018 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 06.01.2018 in MVC.No.336/2015 passed by the Court of Senior Civil Judge and MACT, Hungund, for seeking enhancement of compensation. 3. The factum of accident and injuries sustained by the appellant/claimant are not in dispute. 4. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 5. Heard the arguments from both sides and perused the records. - 3 - NC: 2025:KHC-D:3050 MFA No. 101570 of 2018 6. Considering the nature of injuries sustained by the claimant and after appreciating the evidence on record, the Tribunal has awarded compensation of Rs.10,000/- along with interest at the rate of 7% p.a. from the date of petition till its realization by fastening liability on respondent No.1/owner of the TATA Ace goods vehicle bearing Reg.No.KA-29/A-9066 on the reason that the offending vehicle is a TATA Ace, the claimant being the unauthorized passenger travelled in the goods vehicle; therefore, exonerated the Insurance Company and ordered pay and recovery. 7. It is proved that the offending vehicle is a TATA Ace goods vehicle and the claimant has travelled in the goods vehicle as a gratuitous passenger. Therefore, it is proved that there is a fundamental breach exonerating the insurance Company to pay the compensation. REGARDING PAY AND RECOVERY 8. The insurance company is able to establish the defence as per sub-section (2) of section 149 of M.V.Act. - 4 - NC: 2025:KHC-D:3050 MFA No. 101570 of 2018 However, the claimant is third party to the offending vehicle/TATA Ace. Hence as per sub-section (1), (5) and (7) of section 149 of the M.V.Act, and also as per the principle of law laid down by the Hon’ble Supreme Court in the cases of PAPPU AND OTHERS Vs. VINOD KUMAR LAMBA AND ANOTHER reported in (2018) 3 SCC 208; NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH AND OTHERS reported in (2004) 3 SCC 297; and also as per the Full Bench decision of this Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS. YELLAVVA AND ANOTHER reported in 2020 ACJ 2560, the insurance company shall satisfy the claim at the first instance to the claimant and then recover it from the owner of the offending vehicle. However, the insurance company is at liberty to file execution petition before the jurisdictional executing Court as against the owner of the offending vehicle and may seek attachment of movables or immovable properties or both, till recovery is made and also the recovery process can be as per the decision of the Hon’ble Supreme Court in ORIENTAL INSURANCE CO. - 5 - NC: 2025:KHC-D:3050 MFA No. 101570 of 2018 LTD., VS. NANJAPPAN AND OTHERS, reported in 2004 AIR SCW 952. 9. From the medical evidence on record, it is proved that the claimant has suffered the injuries like incised wound found in occipital region measuring 1 x ½, bleeding from nose and swelling at right orbital region. Therefore, considering the nature of injuries sustained by the claimant, it is just and proper to award additional global compensation of Rs.50,000/-. Accordingly, the appellant/claimant is entitled to additional global compensation of Rs.50,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal. 10. Therefore, the insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment at the first instance and then recover it from the owner of offending vehicle as discussed above. 11. Accordingly, I proceed to pass the following: - 6 - NC: 2025:KHC-D:3050 MFA No. 101570 of 2018 ORDER i. The appeal is allowed-in-part. ii. The impugned judgment and award dated 06.01.2018 in MVC.No.336/2015 passed by the Court of Senior Civil Judge and MACT, Hungund, is hereby modified to the extent that the appellant/claimant is entitled to additional global compensation of Rs.50,000/- along with interest at the rate of 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal. iii. Insurance Company is directed to deposit the compensation amount within eight weeks from the date of copy of receipt of this judgment. iv. No order as to costs. v. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 56