- 1 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 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. 101894 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102205 OF 2015 IN MFA NO. 101894 OF 2015: BETWEEN: SRI. NAGAPPA S/O FAKIRAPPA HALIYAL, AGE: 43 YEARS, OCC: MASON/AGRICULTURE, R/O: BENNUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI. … APPELLANT (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. SHRI JAYAPPA S/O FAKIRAPPA NUNGARI, AGE: 32 YEARS, OCC: DRIVER, R/O: CHIKKA-TADASI VILLAGE, TALUK: RAMDURG, DIST: BELAGAVI. 2. THE DIVISIONAL MANAGER, THE RELIANCE GENERAL INSURANCE COMPANY LTD., VIVEKANANDA CIRCLE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI, DIST: DHARWAD. … RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.04.2015 PASSED IN MVC NO.2490/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL RAMDURG. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 IN MFA NO. 102205 OF 2015: BETWEEN: THE DIVISIONAL MANAGER, THE RELIANCE GENERAL INSURANCE COMPANY LIMITED, VIVEKANAND CIRCLE, DESAI CROSS, DESHPANDENAGAR, HUBBALLI-580 029, (INSURER OF MAHINDRA GOODS CHAMPION BEARING REG. NO.KA-29/A-3681), POLICY COVER NOTE NO. 111000203281/472/474 VALID FROM 18.05.2011 TO 17.05.2012, REPRESENTED BY ITS AUTHORIZED SIGNATORY, THE RELIANCE GENERAL INSURANCE COMPANY LIMITED, VIVEKANAND CIRCLE, DESAI CROSS, DESHPANDENAGAR, HUBBALLI-580 029. … APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE) AND: 1. SHRI NAGAPPA S/O FAKIRAPPA HALIYAL, AGE: 43 YEARS, OCC: NOW NIL, R/O: BENNUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI. 2. SHRI JAYAPPA S/O FAKIRAPPA NUNGARI, AGE: 32 YEARS, OCC: DRIVER, R/O: CHIKKA TADASI VILLAGE, TQ: RAMDURG, DIST: BELAGAVI, (OWNER OF MAHINDRA GOODS CHAMPION BEARING REG NO.KA-29/A-3681). … RESPONDENTS (BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1; R2-SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 29.04.2015 PASSED IN MVC NO.2490/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, RAMDURG. THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.101894/2015 is filed by the appellant/claimant challenging the judgment and award dated 29.04.2015, passed by the Senior Civil Judge and Additional MACT, Ramdurg, in MVC No.2490/2012 (hereinafter referred to as the ‘Tribunal’), seeking enhancement of compensation, whereas, MFA No.102205/2015 is filed by the appellant/insurance company, questioning the liability fastened on it. 2. Brief facts leading to filing of these appeals are that on 17.01.2012, the claimant was proceeding on his Hero Honda motorcycle bearing Reg.No.KA-15/H-9316 along with his mother-in-law. After dropping her, he was returning to his village i.e. Chikka-Tadasi village of Ramdurg Taluka. When he came to Sureban-Chikka-Tadasi road near the land of one Hanamantappa Govindappa Hali at about 09.30 p.m., the driver of Mahindra Goods vehicle (Maximo) bearing Reg.No.KA-29/A-3681 came from opposite direction in a rash and negligent manner and lost control over the vehicle, due - 4 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 to which, dashed against the motorcycle of the claimant and caused accident, resulting in claimant sustained grievous injuries. Hence, he filed claim petition. 3. In the present case, the offending vehicle is Light Motor Vehicle (transport). The driver of the Mahindra Goods vehicle was holding driving licence to drive Light Motor Vehicle (non-transport). It is ground urged by the counsel for the insurance company that there is no endorsement in the driving license to drive Light Motor Vehicle (transport). Therefore, it is hereby held that the issue involved in the present appeal is no more res-integra in view of the judgment of Hon’ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, (2017) 14 Supreme Court Cases 663, according to which, a person who is holding driving licence to drive Light Motor Vehicle (non-transport) can also drive the Light Motor Vehicle (transport). Hence, there is no ground urged by the insurance company. Therefore, the appeal filed by the insurance company is liable to be dismissed. - 5 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 Regarding quantum of compensation in MFA No.101894/2015 4. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries. “Comminuted fracture of tibia and fibula of the left leg, cut lacerated wound on the left foot and front of left knee and cut lacerated wound on the front left leg.” 5. The Tribunal after considering the facts and circumstances and evidence on record, has awarded total compensation of Rs.1,86,240/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings 10,000 2. Medical expenses 38,000 3. Loss of amenities 10,000 4. Loss of income during laid up period 3,900 5. Loss of future income 1,19,340 6. Attendant charges 5,000 Total: 1,86,240 6. Further, upon considering the nature of injuries sustained, compensation awarded by tribunal is on lesser - 6 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 side. Therefore, the same is required to be enhanced by modifying the judgment and award. 7. Considering the injuries sustained, a compensation of Rs.30,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.38,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. 8. The accident is caused in the year 2012. Therefore, notional income of Rs.6,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. 9. Further, Rs.13,000/-(6,500 x 2) towards loss of income during laid up period for a period of two months is awarded and Rs.15,000/- towards attendant conveyance and incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. - 7 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 10. The doctor- PW.2 has stated that the claimant had suffered 17% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 17% functional disability is taken into consideration as the claimant had suffered grievous injuries. 11. In the present case, the claimant was aged about 48 years at the time of the accident. However, no iota of document is produced by the claimant in order to prove the age of the claimant. Hence, as per Ex.P6-Wound Certificate, the age of the claimant would be 48 years. The appropriate multiplier applicable is ‘13’. Hence, loss of future income due to disability is hereby re-assessed and quantified as Rs.1,72,380/- (Rs.6,500 x 17% x 13 x 12). 12. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings 30,000 2. Medical expenses 38,000 3. Loss of amenities 20,000 4. Loss of income during laid up period 13,000 5. Loss of future income 1,72,380 6. Attendant charges 15,000 Total: 2,88,380 - 8 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 13. Therefore, the claimant is entitled for total compensation of Rs.2,88,380/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,86,240/- awarded by the Tribunal. The Insurance Company is directed to deposit the compensation amount within eight weeks from the date of receipt of a certified copy of this judgment. 14. In the result, I proceed to pass the following: ORDER i) MFA No.102205/2015 filed by insurance company is dismissed. ii) MFA No.101894/2015 filed by claimant is allowed in part. iii) The judgment and award dated 29.04.2015, passed by the Senior Civil Judge and Additional MACT, Ramdurg, in MVC No.2490/2012, stands modified. iv) the claimant is entitled for total compensation of Rs.2,88,380/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till - 9 - HC-KAR NC: 2025:KHC-D:8599 MFA No. 101894 of 2015 C/W MFA No. 102205 of 2015 realization, as against Rs.1,86,240/- awarded by the Tribunal. v) The Insurance Company shall deposit the awarded amount before the Tribunal within a period of eight weeks from the date of receipt of a copy of this judgment. vi) The amount deposited before this Court shall be transmitted to the Tribunal. vii) Send a copy of this judgment to the Tribunal. viii) No order as to costs. ix) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 120