- 1 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 07TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103074 OF 2014 BETWEEN: 1. SHRI. MAHANTESH S/O GURAPPA BIRADAR AGE: 23 YEARS, OCC: COOLIE, NOW NIL, R/O: SHIVAJI NAGAR, BELAGAVI TAL & DIST: BELAGAVI. …APPELLANT (BY SRI. HANAMANT R. LATUR, ADV) AND: 1. SHRI. CHETAN S/O SURYAKANT RAJAMANE AGE: 28 YEARS, OCC: PRIVATE SERVICE, R/O: H.NO.59, 7TH CROSS, PANJIBABA ROAD, SHIVAJI NAGAR, BELAGAVI. 2. THE NEW INDIA ASSURANCE COMPANY LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI. S.S. NIRANJAN, ADV FOR R1, SRI. G.N. RAICHUR, ADV FOR R2) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 30.09.2014, PASSED IN MVC NO.2342/2012, ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.01 11:21:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous First Appeal is filed by the claimant, challenging the judgment and award dated 30.09.2014 passed in MVC No.2342/2012 by the learned I Additional Senior Civil Judge and Additional MACT, Belgaum (hereinafter referred to as ‘the Tribunal’, for short). 2. Brief facts leading rise to filing of this appeal are as follows: That on 09.09.2011, the claimant was riding on a motorcycle bearing registration No.KA.22-EF.4843 as a pillion rider. The rider of the motorcycle was riding the vehicle in a rash and negligent manner and caused the accident. Due to which the claimant sustained multiple fractures all over the body and suffered a permanent disability. The claimant has lost his earning capacity due to the injuries sustained in the said road traffic accident. It is contended that he was earning Rs.9,000/- per month and due to the disability sustained by the claimant, he is unable to work in the same manner as he - 3 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 used to work before the accident. On these grounds, he prays to allow the claim petition. 3. Respondent No.1 the owner of the motorcycle filed a statement of objections denying the averments made in the claim petition and contended that, at the time of the accident, the vehicle was insured with the insurance company and the rider was holding a valid and effective driving licence as of the date of the accident and hence, prays to dismiss the claim petition against him. 4. Respondent No.2 the Insurance company filed a statement of objections denying the averments made in the claim petition and it is contended that the rider of the motorcycle was not possessing a valid and effective driving licence as of the date of the accident. Hence, the insurance company is not liable to pay the compensation as claimed by the claimant. Hence, prays to dismiss the claim petition against the insurance company. - 4 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 5. The Tribunal, based on the pleading of the parties, framed the relevant issues. 6. The claimant, to substantiate his claim petition, examined himself as PW.1, examined 2 doctors as PWs.2 and 3 and marked 17 documents as Exs.P-1 to P-17. In rebuttal, the owner of the motorcycle was examined as RW.1 and one of the officials of the insurance company was examined as RW.2 and respondents, marked 5 documents as Exs.R-1 to R- 5. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and dismissed the claim petition against the insurance company. It is held that the claimant is entitled to compensation of Rs.2,12,560/- with the interest at the rate of 6% per annum and directed the owner of the motorcycle to deposit the compensation amount with accrued interest. 8. The claimant aggrieved by the liability and dissatisfied with the quantum of compensation awarded by the Tribunal, filed this petition. - 5 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 9. Heard the learned counsel for the claimant and the learned counsel for the insurance company. 10. Learned counsel for the claimant submits that the accident occurred due to the rash and negligent riding of the rider of the motorcycle. He submits that the claimant has sustained grievous injuries and suffered a permanent disability and to establish that he has suffered a permanent disability, he examined the Doctors as PWs.2 and 3 wherein the doctors have assessed the disability at 69% whereas the Tribunal has taken the disability at 11% which is on the lower side. He also submits that the compensation awarded by the Tribunal on the other heads is on the lower side. He also submits that a direction be issued to the insurance company to pay the compensation amount and recover the same from the owner of the motorcycle. Hence, on these grounds, he prays to allow the appeal. 11. Per contra, the learned counsel for the insurance company supported the impugned order. He submits that the rider of the motorcycle was not possessing a valid and - 6 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 effective driving licence as of the date of the accident and FIR was filed against the rider of the motorcycle for the offences punishable under Sections 279 and 337 of IPC and Section 3 read with Sections 181, 134(A) and (B) and 187 of the MV Act. He submits that the owner of the vehicle has violated the conditions of the policy. Hence, the insurance company is not liable to pay the compensation amount. He submits that the Tribunal was justified in dismissing the claim petition against the insurance company and prays to dismiss the appeal. 12. Perused the records and considered the submissions of the learned counsel for the parties. 13. The point that arises for consideration is regarding the quantum of compensation. 14. There is no dispute that the claimant met with an accident and sustained the multiple injuries and fractures and the claimant has to prove that the accident occurred due to the rash and negligent riding of the rider of the motorcycle produced FIR marked as Ex.P-2. From the perusal of the records, it discloses that the accident occurred due to the rash - 7 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 and negligent riding of the rider of the motorcycle. The petitioner to prove his disability examined the Doctors as PWs.2 and 3. PW.3 has issued the disability certificate as per Ex.P-11. He has opined that the claimant has suffered 69% disability, but he has not assessed the disability to the whole body. The Tribunal has assessed the disability at 11% which is on the lower side. Considering the evidence of PWs.2 and 3 and Ex.P-11, this Court re-assess the disability at 15%. The claimant was working as a coolie earning Rs.9,000/- per month. To prove his income, the claimant has not produced any income proof. In the absence of income proof, notional income as per the schedule notified by the Karnataka Legal Services Authority has to be followed. The accident occurred in 2011, the income is taken at Rs.8,400/- per month after adding the 40% of future prospects to the notational income i.e., Rs.6,000/-. Thus, considering the entire evidence on record, this Court re-assess the compensation as follows: - 8 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Loss of future income (8,400x12x18x15%) 1,42,560/- 2,72,160/- 2 Pain and suffering 10,000/- 25,000/- 3 Medical expenses and other incidental expenses 38,000/- 38,000/- 4 Loss of happiness and amenities 10,000/- 50,000/- 5 Loss of income during treatment 12,000/- 12,000/- TOTAL 2,12,560/- 3,97,160/- 15. The petitioner is entitled to compensation of Rs.3,97,160/- as against Rs.2,12,560/- as awarded by the Tribunal. Accordingly, the point for consideration is answered. 16. In view of the above discussion, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 30.09.2014 passed in MVC No.2342/2012 by the learned I Additional Senior Civil Judge and Additional MACT, Belgaum, is modified. - 9 - HC-KAR NC: 2025:KHC-D:10063 MFA No. 103074 of 2014 iii. The claimant is entitled to an enhanced compensation of Rs.1,84,600/- with an interest at the rate of 6/% per annum from the date of the petition till the realization of the amount. The liability is saddled on the owner of the vehicle. As the vehicle was insured with the insurance company, the insurance company is directed to pay the compensation amount with accrued interest and recover the same from the owner of the motorcycle. Office is directed to transmit the trial Court records to the concerned Tribunal forthwith. Draw award accordingly. SD/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB