- 1 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.23491 OF 2013 (MV-I) BETWEEN: ASHWAKHAN @ ASFAQUE S/O. SULEMANKHAN, AGE: 41 YEARS, OCC: GUJARI COLLECTION, R/O: LINGASGUR NOW RESIDING AT: ISLAMPUR, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL. …APPELLANT (BY SRI CHANDRASHEKAR P.PATIL, ADVOCATE) AND: 1. KHADARPASHA S/O. AMEENUDDIN, AGE: 27 YEARS, OCC: DRIVER OF MARUTHI OMINI NO.KA-32/M-7037, R/O: KKSR TALKIES, NEAR SANTEBAZAR, LINGASGUR, TQ: LINGASGUR, DIST: RAICHUR. 2. CHANDAPASH S/O. AMEENUDDIN, AGE: 31 YEARS, OCC: OWNER OF MARUTI OMINI CAR NO.KA-32/M-7037, R/O: KKSR TALKIES, NEAR SANTEBAZAR, LINGASGUR, DIST: RAICHUR. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, YALAMENHALLI COMPLEX, STATION ROAD, HOSPET, TQ: HOSPET, DIST: BELLARY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 4. SIDDALINGAPPA HURUKADLI S/O. AMARANNA HURUKADLI, AGE: MAJOR, OCC: PREVIOUS OWNER OF MARUTI OMINI CAR NO.KA-32/M-7037, R/O: CHANDRASHEKARAPPA GOLGERI, MIG 9 MSK MILL ROAD, SHASTRI NAGAR, GULBARGA. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R3; R1-SERVICE OF NOTICE DISPENSED WITH; NOTICE TO R2 IS SERVED; R4-APPEAL STANDS DISMISSED AGAINST R4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 10.07.2013 PASSED BY THE SENIOR CIVIL JUDGE & M.A.C.T. AT GANGAVATHI, IN MVC NO.279/2012, AND AWARD THE COMPENSATION AS CLAIMED BY FIXING THE LIABILITY ON THE INSURANCE COMPANY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 10.7.2013, passed in MVC No.279/2012, on the file of Senior Civil Judge and MACT, Gangavathi (hereinafter referred to as the ‘Trial Court’), questioning the liability saddled on the owner of car as well as for enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, are not in dispute in this case. The disputed question is whether the Insurance Company is liable to pay compensation. 4. It is the case of the claimant that on 08.08.2012 at about 5.00 p.m., the claimant along with his cousin brother Munnasab including family members were travelling in Maruti Omini Car bearing registration No.KA-32/M-7037 on Gulbarga- Lingasgur road, near Goudur cross, drove the said vehicle in - 4 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 high speed with rash and negligent manner. Due to which, the car turned turtle and the claimant and inmates of the car sustained injuries. Therefore, the claim petition is filed seeking compensation. 5. The Tribunal has awarded compensation by fastening liability on the owner of car on the reason that the car was taken on hire basis by the claimant, but it is a private car and the owner of the car has violated terms and conditions of insurance policy by giving the car for hire. Hence, the infraction of insurance policy is proved. Hence, exonerated the Insurance Company from payment of compensation. Therefore the owner of the vehicle is liable to pay compensation held by the tribunal. 6. Upon considering the evidence on record, Ex.P2 – Statement, in which the claimant has stated that the claimant and others have taken car on hire basis. Therefore, at this point of time it is proved that the car is taken on hire basis. But as per evidence of RW.1 and Ex.R.1 Insurance Policy, it is proved that the insurance policy is meant for personal use only, as such it is ‘private car package policy’. Therefore, the car is not a commercial vehicle, but the car is a private vehicle. Hence, it - 5 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 is proved that the car is taken on hire basis, contrary to the terms and conditions of the insurance policy as per RW.1. Therefore, the Tribunal is correct in exonerating the Insurance Company by putting liability on the owner of the car, which needs no interference by this Court. 7. From the evidence on record, it is proved that the claimant has suffered fracture of 4th and 5th Meta carpel bone of left leg. The Tribunal has awarded compensation as under: Sl. No. Heads. Amount in (Rs.) A Pain and suffering. 5,000/- B Loss of amenities in life and disfiguration. 10,000/- C Diet, Nourishment, Attendants charges and conveyance. 5,000/- D Medical expenses. 41,767/- Total: 61,767/- Rounded of: 62,000/- 8. There is no disability is proved. Considering the nature of injuries sustained, compensation awarded by Tribunal is marginally lesser side. Therefore, the same is required to be enhanced by awarding additional global compensation of Rs.20,000/-. Therefore, the claimant is entitled for an additional global compensation of Rs.20,000/- in addition to - 6 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. 9. The Insurance Company is directed to deposit enhanced global compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER a. The appeal is allowed in part. b. The judgment and award dated 10.7.2013, passed in MVC No.279/2012, on the file of Senior Civil Judge and MACT, Gangavathi, stands modified. c. The claimant is entitled for additional global compensation of Rs.20,000/- in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till its realization. - 7 - NC: 2025:KHC-D:1897 MFA No. 23491 of 2013 d. The owner of the vehicle shall deposit the amount within a period of six weeks from the date of receipt of a copy of this judgment. e. Send a copy of this judgment and award to the Trial Court. f. No order as to costs. g. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 66