- 1 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 102580 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102583 OF 2014 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 102584 OF 2014 (MV-I) IN MFA NO. 102580 OF 2014: BETWEEN: SMT. SHANKAREWWA W/O. MAHABALESHWAR ASUNDI, AGE 37 YEARS, OCC: AGRICULTURE COOLIE, (NOW NIL), R/O. UDAKERI, TQ: BAILHONGAL-591102, DIST: BELGAUM. …APPELLANT (BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: 1. SHRI. MAHABOOB BASHASAB HALABHAVI, AGE MAJOR, (CORRECT AGE NOT KNOWN) OCC: BUSINESS, R/O. MANKILLA MAIN ROAD, DHARWAD-580001. 2. THE GENERAL MANAGER/MANAGER LEGAL, SHRI. RAM GENERAL INSURANCE CO. LTD., A/10-14, INDIRA PALACE, NEAR GOURAV TOWER, MALVIYA NAGAR, JAIPUR, RAJASTHAN STATE-302017. …RESPONDENTS (BY SRI. N. C. KOLLOORI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.08.2013 IN M.V.C NO.1985/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BAILHONGAL AT. BAILHONGAL, AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO.102583 OF 2014: BETWEEN: SMT. MAHADEVI W/O. ISHWAR VAGGANNAVAR, AGE 37 YEARS, OCC: AGRICULTURE COOLIE, (NOW NIL), R/O. UDAKERI, TQ: BAILHONGAL-591102, DIST: BELGAUM. …APPELLANT (BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: 1. SHRI. MAHABOOB BASHASAB HALABHAVI, AGE MAJOR, (CORRECT AGE NOT KNOWN) OCC: BUSINESS, R/O. MANKILLA MAIN ROAD, DHARWAD-580001. 2. THE GENERAL MANAGER/MANAGER LEGAL, SHRI. RAM GENERAL INSURANCE CO. LTD., A/10-14, INDIRA PALACE, NEAR GOURAV TOWER, MALVIYA NAGAR, JAIPUR, RAJASTHAN STATE-302017. …RESPONDENTS (BY SRI. N. C. KOLLOORI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.08.2013 IN M.V.C NO.1988/2012 PASSED BY THE COURT - 3 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BAILHONGAL AT. BAILHONGAL, AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 102584 OF 2014: BETWEEN: SMT. JAITUMBI W/O. HANIFSAB NADAF, AGE 52 YEARS, OCC: AGRICULTURE COOLIE, (NOW NIL), R/O. ARAVALLI, TQ: BAILHONGAL-591102, DIST: BELGAUM. …APPELLANT (BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: 1. SHRI. MAHABOOB BASHASAB HALABHAVI, AGE MAJOR, (CORRECT AGE NOT KNOWN) OCC: BUSINESS, R/O. MANKILLA MAIN ROAD, DHARWAD-580001. 2. THE GENERAL MANAGER/MANAGER LEGAL, SHRI. RAM GENERAL INSURANCE CO. LTD., A/10-14, INDIRA PALACE, NEAR GOURAV TOWER, MALVIYA NAGAR, JAIPUR, RAJASTHAN STATE-302017. …RESPONDENTS (BY SRI. N. C. KOLLOORI, ADV. FOR R2; NOTICE TO R1 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MV ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.08.2013 IN M.V.C NO.2066/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND ADDL. MACT BAILHONGAL AT. BAILHONGAL, AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. The claimant in MVC 1985/2012, MVC No.1988/2012 and MVC No.2066/2012, have filed these three appeals, challenging the judgment and award dated 22.08.2013 passed by the learned Senior Civil Judge and Addl. MACT, Bailhongal (for short, ‘the Tribunal’) for enhancement of compensation. 2. The above appeals arise out of common accident that had taken place on 27.01.2012 by the driver of offending vehicle Tata 407 Maxi cab bearing Registration No.KA-22/9321. The above said matters were clubbed together before the Tribunal and the Tribunal has passed a common judgment. Hence, all the three cases are taken up together for disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 4. It is the case of the claimants in all the three appeals that on 27.01.2012 at about 10:20 a.m., the - 5 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 claimants and other passengers were traveling in the Tata 407 Passenger Tempo bearing Registration No. KA- 22/9321 (for short, ‘the offending vehicle’) on Bekawadi- Bailhongal road. Near Jalikoppa village, near the land of one Shivaputrayya Hiremath, the driver of the offending vehicle drove his vehicle in a rash and negligent manner and lost control over the vehicle, due to which turned turtle. Due to the said accident, claimants as well as other passengers sustained simple and grievous injuries. With these reasons, prayed to award compensation. 5. Respondent No.2 insurer filed objections denying the contention of the claimants. It has further contended that driver of the offending vehicle was carrying more passengers than the permitted limit and violated conditions of the Motor Vehicles Act, Permit Condition and also the conditions of Policy of Insurance. Therefore respondent No.2 is not liable to pay the compensation. With these reasons, prayed to dismiss the claim petitions against respondent No.2. - 6 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 6. The Tribunal framed the following common issues for its consideration: i. Whether the petitioners prove that on 27.01.2012 at about 10.20 a.m. on Belawadi- Bailhongal road, near the land of Shivaputrayya Hiremath, within the limits of Dodwad police station, in view of negligent driving of TATA Maxi Cab bearing No.KA-22/9321, an accident took place resulting in the injuries to the petitioners? ii. Whether the petitioners are entitled for compensation. If so, at what extent and from whom? iii. What order or award? 7. The claimants in these three cases examined 6 witnesses as PW1 to PW6 and got marked 55 documents marked as Ex.P1 to P55. Out of the said exhibits, Exs.P1 to Ex.P14 pertains to MVC No.1985/2012, Exs.P55 pertains to MVC No.1988/2012 and Exs.P38 to Ex.P54 pertains to MVC No.2066/2012. Respondents got examined one witness as RW1 and got marked 3 documents as per Ex.R1 to R3. - 7 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 8. After hearing both the parties and appreciating pleading and evidence available on record, the Tribunal partly allowed the claim petitions, directed the insurer of the offending vehicle to pay compensation as awarded. 9. There is another batch of cases filed by the persons traveling in the offending vehicle in MVC No.266/2012, MVC No.275/2012 and MVC No.267/2012 and other connected cases. The said cases were disposed of by the learned Senior Civil Judge and Member, Addl.MACT, Bailhongal dated 25.03.2013 awarding compensation to the claimants. The said judgment and award was challenged before this Court in MFA Nos.22653/2013 and connected matters. All the cases were disposed on 01.10.2015 by a common judgment by the Coordinate Bench of this Court. During the course of argument, learned counsel for the respondent-insurer has furnished the copy of judgment of the Coordinate Bench in connected cases. 10. In all the said cases, this Court assessed notional income of victim as Rs.6,500/- per month. - 8 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 Claimants in the present three cases are also victims of the very same accident. Therefore notional income of the claimants in the present three cases shall also be taken at Rs.6,500/- per month. In the present cases as well as in the connected cases, it is already held by the MACT and Coordinate Bench of this Court that accident had taken place due to rash and negligent driving of the driver of the offending vehicle. There is no need to re-consider the said findings. The only question to be decided in the present appeals is “whether the claimants are entitled for enhancement of compensation?” MFA No.102580/2014 (in MVC No.1985/2012): 11. The claimant in this case had sustained grievous injuries to the head, right arm, right wrist, fracture of distal end of radius, fracture of acromin process of right scapula. He took treatment in Dr.M.S.Mudakanagoudar Hospital, Bailhongal as an inpatient and underwent surgery by spending Rs.25,000/- and also took follow up treatment. - 9 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 12. He got examined himself as PW6. In his evidence, he has reiterated the petition averment in detail, about the difficulty he has been suffering. Considering the same, the Tribunal has awarded the following amount of compensation: i. Pain and suffering :Rs. 45,000.00 ii. Towards medical and hospital charges :Rs. 1,470.00 iii. Nourishment charges :Rs. 5,000.00 iv. Attendant and conveyance :Rs. 5,000.00 v. Loss of income during treatment period :Rs. 9,000.00 vi. Loss of future income :Rs. 86,400.00 vii. Loss of amenities, future unhappiness :Rs. 35,000.00 Total :Rs.1,86,870.00 13. Learned counsel for the appellants submits that the Tribunal has taken income of the claimants at Rs.4,500/- per month. But in the connected Appeals in MFA No.22653/2013 and connected matters, referred supra, this Court has taken notional income of the victim of the present accident as Rs.6,500/- per month and the same could be applied to the facts and circumstances of the present case. He further submits that amount of compensation awarded on each heads are also on lower side and prays to enhance the said amount. Submission of the learned counsel for the appellants is acceptable. - 10 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 14. Notional income of a victim of the very same accident, has been taken at Rs.6,500/- per month. In these appeals also, the very same income could be taken as income of the appellants. Accordingly, income of the claimant is taken at Rs.6,500/- per month. Looking to the nature of injuries and amount of compensation awarded by the Tribunal, it appears that they are on a lower side, which needs to be enhanced. 15. The age of the claimant was taken as 35 years and disability was assessed at 10% on the basis of the evidence. There is no reason to find fault with the said view of MACT. In this case, the multiplier is taken at 16. Therefore the amount of compensation for which claimant was entitled under the head of loss of future income due to permanent disability is at Rs.1,24,800/- (Rs.6,500/- x 12 x 16 x 10%). As already stated above, the amount of compensation awarded by the Tribunal on other count also needs enhancement, accordingly, the following amount of compensation is awarded under different heads: - 11 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 i. Pain and suffering :Rs. 50,000.00 ii. Towards medical and hospital charges :Rs. 1,470.00 iii. Nourishment charges :Rs. 5,000.00 iv. Attendant and conveyance :Rs. 10,000.00 v. Loss of income during laid up period (2months) :Rs. 13,500.00 vi. Loss of future income :Rs. 1,24,800.00 vii. Loss of amenities, future unhappiness :Rs. 35,000.00 Total :Rs.2,39,270.00 16. The claimant is also entitled for enhancement of Rs.52,400/- (Rs.2,39,270 less Rs.1,86,870/-) with interest at the of 6% per annum on the enhanced amount of compensation, from the date of petition till its realization. MFA No.102583/2014 (MVC No.1988/2012): 17. The claimant had sustained injuries to his back, right elbow and took treatment at Government Hospital, Belgaum. For higher treatment, he was taken to the hospital of Dr.M.S.Mudakanagoudar, Bailhongal and admitted as inpatient. He underwent surgery and spent more than Rs.10,000/- towards treatment. He has also taken follow up treatment. 18. Considering the above said facts and circumstances, the Tribunal awarded compensation of Rs.10,000/- on all the heads. The said amount is also on a - 12 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 lower side. The claimant has not produced medical records to show that he had sustained grievous injuries. He was admitted in the Government Hospital, Belgaum as well as Hospital of Dr. Dr.M.S.Mudakanagoudar, Bailhongal. But there are no documents to show that he had sustained grievous injuries. Ex.P55 shows that he had sustained simple injuries. Considering the facts and circumstances of the present case, a global compensation of Rs.20,000/- needs to be awarded i.e., Rs.10,000/- is enhanced. MFA No.102584/2014 (MVC No.2066/2012): 19. In this case, the claimant had sustained grievous injuries on her body i.e., fracture of 7th rib on left side. She took treatment at Government Hospital, Belgaum then from the Hospital of Dr.R.S.Hittalamani, Bailhongal as inpatient. She underwent surgery by spending Rs.25,000/- and she also took follow treatment. The claimant has produced medical certificate at Ex.P38, which shows that she had sustained fracture of 7th rib on right side and other simple injuries on her body. The Tribunal considering the treatment taken, awarded - 13 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 Rs.20,000/- towards pain and suffering, Rs.1,000/- towards medical expenses and Rs.5,000/- towards nourishment, attendant and conveyance charges. The claimant had sustained fracture of 7th rib on right side. Though it may not lead to permanent disability, but she had suffered pain and suffering, which needs to be compensated. Considering the nature of injuries, treatment taken in a private Hospital as well as Government Hospital etc., she is entitled for enhancement of compensation. Accordingly a global compensation of Rs.40,000/- is awarded to the claimant i.e., Rs.14,000/- (Rs.40,000/- less Rs.26,000/-) is enhanced. 20. For the aforesaid discussions, each claimants are entitled for enhanced compensation as stated above. 21. In MFA No.22653/2013 and connected matters, judgment passed by the Coordinate Bench of this Court dated 01.10.2015 held at paragraph 7 as under: “7. It is further contended that the insurance company is liable to deposit the amount awarded against the claimants not covered by the insurance - 14 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 policy also, in view of the judgment in Poonam’s case referred to above. The Apex Court in the Poonam’s case (supra) has held thus: “In other words, appellant insurance company shall deposit with the Tribunal the total amount of the amounts awarded in favour of the awardees within two months from the date of this order and the same is to be utilized to satisfy the claims of those claimants not covered by the insurance policy along with the persons so covered. The insurance company will be entitled to recover the amounts paid by it, in excess of its liability, from the owner of the vehicle, by putting the decree into execution. For the aforesaid purpose, the total amount of the six awards which are the highest shall be construed as the liability of the insurance company. After deducting the said amount from the total amount of all the awards deposited in terms of this order, the insurance company will be entitled to recover the balance amount from the owner of the vehicle as if it is an amount decreed by the Tribunal in favour of the insurance company. The insurance company will not be required to file a separate suit in this regard in order to recover the amounts paid in excess of its liability from the owner of the vehicle.” - 15 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 22. Claimants in the present three cases also are subject to the said order referred above. Accordingly, I answer above question in the affirmative and pass the following: ORDER i. The Appeals MFA No.102580/2014, MFA No.102583/2014 and MFA No.102584/2014 are partly allowed. ii. The claimant in MVC No.1985/13 is entitled for enhanced compensation of Rs.52,400/-, the claimant in MVC No.1988/2013 is entitled enhancement of compensation of Rs.10,000/- and claimant in MVC No.2066/2012 is entitled for enhancement of compensation of Rs.14,000/- with interest at the rate of 6% from the date of petition till its realization. iii. The insurance company is directed to deposit the enhanced compensation in respect of all the three appeals with interest at 6% per - 16 - NC: 2025:KHC-D:4375 MFA No. 102580 of 2014 C/W MFA No. 102583 of 2014 MFA No. 102584 of 2014 annum from the date of petition till the date of realization within six weeks from the date of receipt of certified copy of the judgment and is entitled to recover the amount other than 12 highest awards. The claimants are entitled to withdraw the amount in deposit. Sd/- (UMESH M ADIGA) JUDGE KGK/CT-AN List No.: 1 Sl No.: 53