- 1 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104201 OF 2016 (MV) BETWEEN: NAGAPPA @ NAGARAJ S/O. MAHADEVAPPA NAVI, AGED ABOUT 27 YEARS, OCC: AGRICULTURE & BARBER WORK, R/O: BALEHOSUR VILLAGE, SHIRAHATTI TALUK, DIST: GADAG, NOW @ CHALAGERI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SRI. KISHORE, ADVOCATE FOR SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. MR. IRSHAD AHMED K. NEERALAKATTI, AGE: MAJOR, OCC: BUSINESS, R/O: LALSHAKATTA ONI, SAVANUR, TQ: SAVANUR, DIST: HAVERI-570001. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., A M ARCEDA, NEAR VIDYARTHI BHAVAN, C G HOSPITAL, ROAD, DAVANGERE-570011. …RESPONDENTS (BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 THE MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO CALL FOR THE RELEVANT RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 12-05-2016 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR IN M.V.C.NO.1080/2014, BY AWARDING THE MAXIMUM COMPENSATION AS CLAIMED BY THE APPELLANT, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri. Kishore who represents Sri.Sunil S. Desai, learned counsel on record for the appellant as well as Sri.M. K. Soudagar, learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur in MVC No.1080/2014 dated 12.05.2016. This is a claimant's appeal. 3. The appellant, projecting that he sustained grievous injuries in a road traffic accident that occurred in the - 3 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 year 2014, filed a petition claiming compensation of Rs.14,70,000/- in total. The Tribunal through the impugned award granted a sum of Rs.3,85,000/- as compensation. The Tribunal fixed the liability upon respondent No.1 only exonerating the liability of respondent No.2. 4. Making his submission with regard to the merits of the matter, learned counsel for the appellant states that the appeal is filed on two grounds. Firstly, that the Tribunal erred in exonerating respondent No.2 from liability to pay compensation and secondly, that the compensation granted is grossly low. On the first aspect, learned counsel states that the driver of the offending vehicle was holding valid driving licence at the relevant period and thus liability is required to be fastened upon respondent No.2 as well. Learned counsel for respondent No.2 graciously submits that, in the light of the settled proposition of law, more particularly in the case of Mukund Dewangan Vs. - 4 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 Oriental Insurance Company Limited1, respondent No.2 is equally liable to pay compensation. 5. The manner of happening of the accident as projected by the appellant before the Tribunal is that on 13.01.2014 while himself and others were travelling in a maxi cab tempo vehicle, the driver of the said cab attempted to overtake a bike thereby lost control over the vehicle, due to which the cab turned turtle, as a result he sustained injuries. The Tribunal clearly held that the driver of the cab had licence to drive LMV (non-transport) as on the date of accident. 6. Having considered the fact that the driver of the offending vehicle was holding driving licence to drive LMV (non-transport) and basing on the submission that is made by learned counsel for respondent No.2, this Court holds that respondent No.2 is jointly and 1 AIR 2017 SC 3668 - 5 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 severally liable along with respondent No.1 to pay compensation to the appellant. 7. Coming to the quantum of sum that is awarded as compensation, the Tribunal granted a sum of Rs.50,000/- towards ‘pain and suffering’, Rs.14,739/- towards ‘medical expenses’, Rs.72,500/- towards ‘conveyance, diet, extra nourishment and attendant charges’, Rs.54,000/- towards ‘loss of income during laid-up period’, Rs.1,83,600/- towards ‘loss of future earnings’ and Rs.10,000/- towards ‘loss of amenities in life’. In total, a sum of Rs.3,85,000/- is awarded as compensation. 8. The appellant succeeded in establishing that he sustained one grievous injury and four simple injuries due to the accident and he took treatment as inpatient for a total period of 77 days. Subjecting the entire evidence to scrutiny, the Tribunal took the disability in respect of the whole body as 15%, which - 6 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 needs no interference. Also, the Tribunal having taken the laid-up period as 9 months, awarded a sum of Rs.54,000/- towards ‘loss of income during laid-up period’. That apart, a sum of Rs.72,500/- which appears to be on slightly higher side was awarded towards ‘conveyance, diet and attendant charges’. Having considered these facts, this Court is of the view that there are no grounds whatsoever for further enhancement. 9. Hence, the appeal is disposed of with the following order: ORDER i. Appeal is allowed in part. ii. Respondents No.1 and 2 are held jointly and severally liable to pay the amount that is awarded as compensation by the Tribunal. - 7 - HC-KAR NC: 2025:KHC-D:15884 MFA No. 104201 of 2016 iii. The compensation granted shall carry interest at the rate of 6% per annum from the date of petition to the date of deposit. iv. Respondent No.2 is directed to deposit the compensation granted within a period of eight weeks from the date of receipt of certified copy of the judgment. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 20