- 1 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 104074 OF 2018 (MV-I) BETWEEN: RAHUL JEEVAN BABALESHWAR, AGE: 22 YEARS, OCC: AGRICULTURE, R/O: ARBHAVI, TAL: GOKAK, NOW AT HANUMAN NAGAR, SONOLI, TQ: AND DIST: BELAGAVI-590 010. … APPELLANT (BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE) AND: 1. JEEVAPPA RAMAPPA BABALESHWAR, AGE: MAJOR, OCC: BUSINESS, R/O: A/P: ARBHAVI, TQ: GOKAK, DIST: BELAGAVI-591 307, (OWNER OF MOTOR CYCLE NO. KA 49/Q-3930). 2. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY DIVISIONAL OFFICE, 1ST FLOOR, PRABHU MEDICALS, RAMDEV GALLI, BELAGAVI-590 001. (INSURER OF MOTOR CYCLE NO. KA-49/Q-3930). 3. DHAREPPA MALLAPPA KURBET, AGE: MAJOR, OCC: BUSINESS, R/O: SHIVAPUR, PO: KONNUR, TQ: GOKAK, DIST: BELAGAVI-591 231. … RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; R1 AND R3-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND SET ASIDE THE JUDGMENT AND AWARD DATED 02.02.2018 PASSED IN MVC NO.2592/2016 ON THE FILE OF THE IX ADDITIONAL Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This Miscellaneous First Appeal is filed by the claimant challenging the judgment and award dated 02.02.2018 passed in MVC No.2592/2016 on the file of IX Additional District and Sessions Judge and Additional MACT, Belagavi (for short, ‘Tribunal’), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident and injuries sustained by the claimant are not in dispute in this case. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 “Fracture of left mandible bone and fracture of orbit left zygomatic bone” 6. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 5,000/- 2. Towards medical expenses. 6,657/- 3 Towards food, transport and attendant charges including loss of income during treatment period. 6,000/- Total: 17,657/- 7. The claimants have filed claim petition under Section 163-A of the Motor Vehicles Act, 1988 (for short, ‘MV Act’). The Tribunal has awarded compensation of Rs.17,657/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 8. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. - 4 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 9. It is not in dispute that the appellant met with road accident on 12.12.2015. Admittedly, the claim petition is filed under Section 163-A of the MV Act. The doctor-PW.2 has stated that the claimant has got permanent physical disability of 35% for fracture of left mandible bone and orbit left zygomatic bone. Considering the nature of injuries sustained, it is just and proper to take 8% as functional disability to the whole body. The claimant was aged 20 years at the time of accident and by doing agriculture he was earning Rs.40,000/- per annum. Therefore whatever may be his income, in terms of Section 163-A of the M.V.Act, the annual income to be taken for consideration for calculation of loss of future income due to disability is Rs.40,000/- per annum. Therefore, considering the age of the claimant, appropriate applicable multiplier is 16 as per Schedule-II of the Motor Vehicles Act, 1988. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.51,200/- (Rs.40,000 x 8% x 16). 10. Considering the injuries sustained, a compensation of Rs.5,000/- towards pain and suffering is awarded. The compensation awarded towards medical expenses of Rs.6,657/- - 5 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 is as per the actual bills and receipts produced; therefore, the same is kept intact. 11. Thus, the claimant would be entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of future income due to disability. 51,200/- 2. Towards pain and sufferings. 5,000/- 3. Towards medical expenses. 6,657/- Total: 62,857/- 12. Therefore, the claimant is entitled for total compensation of Rs.62,857/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization. 13. The Tribunal has committed error in apportioning the rash and negligence. Since the claim petition is filed under Section 163-A of the MV Act, the owner of motorcycle bearing registration No.K-49/Q-3930 is liable to pay compensation. The claimant while riding the motorcycle did not have driving licence. Therefore, the Insurance Company is exonerated from payment of compensation and the owner of motorcycle alone - 6 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 shall pay compensation to the claimant. The order of pay and recovery cannot be made, since the claimant himself was riding motorcycle and he would not be considered as third party. Therefore, the owner of motorcycle alone shall pay compensation to the claimant. 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 02.02.2018 passed in MVC No.2592/2016 on the file of IX Additional District and Sessions Judge and Additional MACT, Belagavi, stands modified holding that the owner of motorcycle alone is liable to pay compensation to the claimant. iii) The claimant is entitled for total compensation of Rs.62,857/- along with interest at the rate of 6% p.a. from the date of petition till its realization as - 7 - HC-KAR NC: 2025:KHC-D:8558 MFA No. 104074 of 2018 against Rs.17,657/- awarded by the Tribunal. iv) No order as to costs. v) Draw award accordingly Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 81