- 1 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 04TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 22268 OF 2012 BETWEEN: 1. SHRI. IRANNA S/O SHIVANAND KUDACHI AGE: 24 YEARS, OCC: PVT. SERVICE, (NOW NIL), R/O. BLOCK NO.21, QUARTERS NO.21C, CLASS-3, PWD QUARTERS, VISHWESARAYA NAGAR, BELAGAVI. …APPELLANT (BY SRI. K ANANDKUMAR, ADV) AND: 1. SHRI. SHAMSHUDDIN ABDULSATTAR NARAGUNDBABA, AGE: MAJOR, OCC: BUSINESS, R/O. AMBIGER GALLI, GOKAK, TQ: GOKAK, DIST: BELAGAVI. 2. NATIONAL INSURANCE CO. LTD., POLICY NO.270801/31/08/6700001448 VALIDITY FROM 17.05.2008 TO 16.05.2009 THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE RAMDEV GALLI, BELAGAVI. (INSURER OF MOTOR CYCLE BEARING NO. KA-23/R-4371) 3. ASHOK MAHALINGAPPA KUDACHI AGE: MAJOR, OCC: PVT. SERVICE, R/O. NEAR KARAMMA TEMPLE, APMC, GOKAK, TQ: GOKAK, DIST: BELAGAVI. (OWNER OF MOTOR CYCLE BEARING NO.KA-29/H-559) 4. NATIONAL INSURANCE CO. LTD., BO: NEAR COURT CIRCLE, GOKAK POLICY NO.602602/31/08/620000083 VALIDITY FROM 09.04.2008 TO 08.04.2009 THROUGH ITS DIVISIONAL MANAGER, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.01 10:53:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 DIVISIONAL OFFICE RAMDEV GALLI, BELAGAVI. (INSURER OF MOTOR CYCLE BEARING NO.KA-49/H-559) …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADV FOR R2, SRI. ASHOK A NAIK, ADV FOR R3, SRI. LAXMAN C. MANNODDAR, ADV FOR R4 NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 23.05.2011 PASSED IN MVC NO.1026/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed by the claimant, being dissatisfied with the quantum of compensation awarded by the learned Presiding Officer, Fast Track Court- IV, Belgaum, vide judgment and award dated 23.05.2011 in MVC No.1026/2009 2. Brief facts, leading rise to the filing of this appeal are as follows: - 3 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 On 27.03.2009, when the claimant was proceeding from Gokak, towards Jog falls on his motorcycle bearing registration No.KA-49/H-559, and when he came near Yogikoll cross, Gokak, at that time, the rider of the motorcycle bearing registration No.KA-23/R-4371 came from the opposite direction, and there was a head on collision between both the vehicles due to which the claimant sustained grievous injuries, and he was immediately shifted to Dr. R.B. Patagundi hospital, Gokak, and taken treatment therein, on 27.03.2009. On the same day, he was shifted to KLE hospital, Belgaum, and took the treatment as an inpatient from 27.03.2009 to 02.04.2009 and was operated in the said hospital. The claimant incurred a huge amount towards medical expenses. Thus, the claimant has sustained grievous injuries and he has suffered permanent disability. Hence, he filed a claim petition under Section 163-A of the Motor Vehicles Act seeking compensation for the injuries, and disability sustained by him in the road traffic accident. - 4 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 3. The Insurer of both vehicles, who have insured both vehicles, filed a statement of objections denying the averments made in the claim petition, and the age and occupation of the claimant was also denied. It is contended that the liability of the insurers is based on the terms and conditions of the policy. It is contended that the riders of the vehicles were not holding a valid and effective driving licence as of the date of the accident. Hence, prays to dismiss the claim petition against insurance companies of the both vehicles. 4. The owner of the vehicle bearing Registration No.KA-49/H-559 filed a statement of objections denying the averments made in the claim petition. It is contended that the accident occurred due to the negligent act, and the over speed of the rider of the motor vehicle bearing No.KA-23/R- 4371. Hence, prays to dismiss the claim petition against respondent No.3. 5. The Tribunal, based on the pleadings of the parties, framed relevant issues. - 5 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 6. The claimant, to substantiate his case, examined himself as PW.1, and marked 10 documents as Ex.P-1 to P- 10. The respondents before the tribunal have not led oral evidence, however, marked two documents as Exs.R-1 and R-2. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 23.05.2011 and awarded a compensation of Rs.9,820/-, and held that respondent Nos.1 and 2-owner and insurer of the vehicle bearing No.KA-23/4- 4371 are jointly liable to pay 50% of the compensation awarded, to the claimant, and the owner and insurer of the vehicle bearing No.KA-49/H-559 are jointly liable to pay the remaining 50% of the compensation amount to the claimant. The insurance companies Respondents No.2 and Respondent No.4 before the Tribunal were directed to deposit the compensation within a month with accrued interest. - 6 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 8. The claimant, aggrieved by the quantum of compensation awarded by the Tribunal, filed this appeal, seeking an enhancement. 9. Learned counsel for the appellant-claimant submits that the claimant has sustained a grievous head injury. To prove that the claimant has sustained grievous injuries, to has produced the wound certificate marked as Ex.P-5. He submits that the claimant was admitted to KLE Hospital, and underwent surgery. He submits that the claimant could not examine the Doctor to prove the disability. He submits that the matter be remitted to the Tribunal, permitting the claimant to examine the Doctor to prove the disability. Hence, on these grounds, he prays to allow the appeal. 10. Per contra, learned counsel for the insurer of the vehicle bearing No.KA-23/R-4371 submits that the claimant has not examined the Doctor to prove the disability. In the absence of the opinion of the Doctor, the Tribunal was justified in awarding compensation of Rs.9,820/-. The - 7 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 compensation awarded by the Tribunal is just and proper and it do not call for any interference. Hence, on there grounds prays to dismiss the appeal. 11. Perused the records, and considered the submissions of the learned counsel for the parties. 12. There is no dispute regarding the injuries sustained by the claimant in a road traffic accident, and to prove that the accident occurred due to rash and negligent riding of the rider of the offending vehicle bearing No. KA- 23/R-4371, produced a charge sheet marked as Ex.P-6. From the perusal of Ex.P-6, it is clear that the accident occurred due to the rash and negligent riding of the rider of the vehicle bearing No. KA-23/R-4371. 13. The claimant has produced the wound certificate- Ex.P-5. Ex.P-5 discloses that the claimant has suffered a head injury, and he was unconscious, and the cause of the accident was due to a hard and blunt objects. The claimant was referred to KLE Hospital, Belgaum, for further treatment. The claimant has produced the medical records, which - 8 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 disclose that the claimant was admitted to the hospital from 27.03.2009 to 02.04.2009, and he was operated in the said hospital and he attended follow up treatment. The claimant has spent a huge amount towards medical expenses. The claimant has not examined the Doctor to prove the disability. 14. From the perusal of Ex.P-5 it discloses that the injuries sustained by the claimants are grievous in nature. If one opportunity is provided to the claimant to prove his disability, no injustice or hardship would be caused to the respondents. 15. In view of the above discussion, the matter requires re-consideration by the Tribunal. The Liberty is reserved to the claimant to examine the Doctor to prove the disability. 16. In view of the above discussion, I proceed to pass the following order: ORDER The appeal is allowed. The judgment and award dated 23.05.2011 passed by the learned Presiding Officer, Fast Track Court-IV- Belgaum, - 9 - HC-KAR NC: 2025:KHC-D:9708 MFA No. 22268 of 2012 in MVC No.1026/2009 is set aside. The matter is remitted to the Tribunal. The Tribunal is directed to provide an opportunity to the claimant to lead further evidence by examining the doctor to prove his disability, and thereafter pass orders, in accordance with law. The office is directed to transmit the records to the Tribunal forthwith. The parties are directed to appear before the Tribunal on 22.09.2025 without awaiting any notice from the Tribunal. SD/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB