- 1 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 20780 OF 2012 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 20072 OF 2012 (MV-I) IN MFA NO. 20780 OF 2012: BETWEEN: BASAVARAJ S/O. KALLAPPA AGED ABOUT 31 YEARS, OCC: CARPENTER, R/O: K. SUGAR, TQ: SIRUGUPPA, BALLARI. … APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. S. NINGAPPA S/O. SANNA VEERANNA, MAJOR, OWNER OF THE TRAX BEARING REG. NO.KA-34/M.4928, R/O: BHAIRAGAMADINE VILLAGE, TQ: SIRUGUPPA, BALLARI. 2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., BALLARI. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; HAND SUMMONS TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED: 26-11- 2011 PASSED IN MVC NO.261/2010 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-X, BELLARY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 IN MFA NO. 20072 OF 2012: BETWEEN: RELIANCE GEN. INS. CO. LTD., BALLARI, REPRESENTED BY ITS DEPUTY MANAGER, LEGAL CLAIMS, CTS, 472-474, V.A. KALBURGI SQUARE, DESAI CIRCLE, DESHAPANDE NAGAR, HUBBALLI. … APPELLANT (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. SRI. BASAVARAJ S/O. KALLAPPA, AGE: 32 YEARS, OCC: CARPENTER, R/O: K. SUGUR, TQ: SHIRAGUPPA, DIST: BALLARI. 2. SRI. PALAKSHIGOUDA S/O SURESHGOUDA, AGE: MAJOR, OCC: DRIVER, R/O: BAIRAGAMADINE VILLAGE, TQ: SHIRAGUPPA, DIST: BALLARI. 3. SRI. S. NINAPPA S/O. SANNA VEERAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: BAIRAGAMADINE VILLAGE, TQ: SHIRAGUPPA, DIST: BALLARI. … RESPONDENTS (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1; R2 AND R3-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED: 26.11.2011, PASSED IN MVC NO.261/2010 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-X, BELLARY. THESE APPEALS ARE COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.20780/2012 is filed by the claimant seeking enhancement of compensation, whereas MFA No.20072/2012 is filed by the Insurance Company challenging the liability fastened on it. 2. Both these appeals are filed against the judgment and award dated 26.11.2011 passed in MVC No.261/2010 on the file of Motor Accident Claims Tribunal-X, Bellary (for short, ‘the Tribunal’). 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case are that on 18.01.2010, at about 2.30 p.m., the claimant along with others were travelling in the Trax bearing registration No.KA-34/M-4928 as a paid passenger with the permission of respondent No.1 (driver of the said vehicle). The claimant was sitting on the roof top of the vehicle to go to K. Sugur to Siruguppa. When the said vehicle was proceeding near Krishnaiah Camp Cross SH-19 near Doddareddy’s land, respondent No.1, being driver of the - 4 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 vehicle, drove the same in a rash and negligent manner. As a result of it, the claimant fell down from the top of said Trax and sustained grievous fracture injuries. 5. Upon the claim petition, the Tribunal has awarded compensation and fastened liability on the Insurance Company. 6. The learned counsel for the appellant/Insurance Company submitted that from the documentary evidence on record it is proved that the claimant was travelling by sitting on the roof top of the Trax bearing registration No.KA-34/M-4928. Therefore, the Insurance Company is not liable to pay compensation. Further submitted that this issue is squarely covered by the decision of this Court in the case of The Divisional Manager, Reliance General Insurance Company Ltd., Vs. Ismail @ Ismail Khan and Others1 and in the case of MFA No.20510/2013 C/w MFA.CROB No.100137/2018, disposed off on 03.07.2025. 7. On the other hand, learned counsel for the appellant/claimant justified the judgment and award passed by the Tribunal and also prays for enhancement of compensation. 1 ILR 2023 KAR 2711 - 5 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 8. In the present case, the claimant has admitted that he was sitting on the roof top of the Trax bearing registration No.KA-34/M-4928. Further, in the claim petition itself, the claimant had stated that the driver had instructed him to sit on the roof top of the said Trax. Further, in the cross-examination, the claimant had admitted that he was sitting on the roof top of the said Trax. Therefore, this evidence conclusively proved the fact that the claimant has travelled by sitting over the roof top of the Trax. Therefore, whether the Insurance Company is liable to pay compensation is squarely covered by the judgment of this Court in MFA No.20510/2013 C/w MFA.CROB No.100137/2018, disposed off on 03.07.2025 and in the case of Ismail @ Ismail Khan (supra). Therefore, as per the principles of law laid down in this regard, the Insurance Company is not liable to pay compensation, but the owner of Trax alone shall pay compensation to the claimant. Hence, the Insurance Company is exonerated from payment of compensation. Accordingly, the appeal filed by the Insurance Company is allowed. - 6 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 Regarding Quantum of Compensation in MFA No.20780/2012: 9. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Head injury with fracture to the occipital bone and fracture of the right clavicle” 10. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 40,000/- 2. Medical expenses. 3,000/- 3. Loss of income during treatment. 9,000/- 5. Nursing and nourishment. 3,000/- 6. Loss of future earnings. 2,29,500/- 7. Loss of amenities. 10,000/- 8. Attendant charges. 3,000/- Total: 2,97,500/- 11. Considering the nature of injuries sustained, the Tribunal has rightly assessed the quantum of compensation, which needs no interference by this Court. Therefore, the compensation awarded by the Tribunal shall be paid by the - 7 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 owner of Tempo Trax. Hence, the appeal filed by the claimant is liable to be dismissed. 12. Hence, I proceed to pass the following: ORDER i) MFA No.20780/2012 filed by the claimant is dismissed. ii) MFA No.20072/2012 filed by the Insurance Company is allowed. iii) The judgment and award dated 26.11.2011 passed in MVC No.261/2010 on the file of Motor Accident Claims Tribunal-X, Bellary, stands modified holding that the owner of Tempo Trax alone shall pay compensation to the claimant. iv) The liability fastened on the Insurance Company is set aside. v) The amount in deposit, if any, made by the Insurance Company shall be transmitted to the Tribunal. - 8 - HC-KAR NC: 2025:KHC-D:8975 MFA No. 20780 of 2012 C/W MFA No. 20072 of 2012 vi) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 49