- 1 - HC-KAR NC: 2025:KHC-D:11791 MFA No. 102068 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102068 OF 2014 (MV-I) BETWEEN: 1. NATIONAL INSURANCE COMPANY LIMITED RAMDEV GALLI, BELGAUM R/BY ITS DEPUTY MANAGER, REGIONAL OFFICE, II FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR HUBLI-580023. …APPELLANT (BY SRI. S K KAYAKAMATH, ADV) AND: 1. SRI. ALLAHBASH S/O MOULASAB PAKALI AGE: 26 YEARS, OCC: PRIVATE SERVICE, R/O.MUDHOL, TQ: MUDHOL, DIST: BAGALKOT. 2. MR. MALLAPPA LAGAMANNA METRI AGE: MAJOR, OCC: BUSINESS, R/O: METRI TRANSPORT FULBAG GALLI, BELGAUM, TQ & DIST: BELGAUM. …RESPONDENTS (BY SRI. G.N. NARASAMMANAVAR, ADV FOR R1, NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.02.2014, PASSED IN MVC NO.3286/2007 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BELAGAVI, AWARDING THE COMPENSATION OF RS.92,800/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE PETITION TILL THE DATED OF REALISATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:11791 MFA No. 102068 of 2014 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT 1. This appeal is filed by the Insurance Company, challenging the Judgment and award dated 14.02.2014 passed in MVC No.3286/2007 by the learned II Additional Senior Civil Judge and Additional MACT, Belgaum (for short ‘the Tribunal’) 2. Brief facts leading rise to the filing of this appeal are as follows: The petitioner, on 14/11/2006, while proceeding from Mudhol to Belgaum, in a motorcycle bearing no. KA-48/E- 7395, met with an accident and sustained grievous injuries and the accident occurred due to the rash and negligent driving of the driver of a truck bearing No. KA-22/B-5101. The petitioner had sustained grievous injuries in the road traffic accident. The petitioner filed a claim petition under Section 163-A of the M.V. Act claiming a compensation regarding the injuries sustained in the road traffic accident. - 3 - HC-KAR NC: 2025:KHC-D:11791 MFA No. 102068 of 2014 3. The owner of the offending vehicle has filed a statement of objections denying the averments made in the claim petition and contended that the offending vehicle was insured with the insurance company at the time of the accident. Hence, prays to dismiss the claim petition against the owner of the offending vehicle. 4. The Insurance Company filed a statement of objections denying the averments made in the claim petition and contented that the driver of the offending vehicle was not possessing a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company. 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues and additional issues. 6. The petitioner, to substantiate his case, examined himself as PW-1, examined the doctor as PW-2 and marked 17 documents as Ex.P1 to P17. The driver of - 4 - HC-KAR NC: 2025:KHC-D:11791 MFA No. 102068 of 2014 the offending vehicle was examined as RW-1 and marked 6 documents as Ex.R1 to R6. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs and awarded compensation of Rs.92,800/- with interest at the rate of 6% and held that the owner and the Insurance Company are jointly and severally liable to pay the compensation amount and directed the Insurance Company to deposit the compensation amount. 8. The Insurance Company, aggrieved by the quantum of compensation awarded by the Tribunal, filed this appeal. 9. Heard the learned counsel for the Insurance Company and the petitioner. 10. Learned counsel for the Insurance Company submits that the compensation awarded by the Tribunal is exorbitant. Hence, he submits that the compensation - 5 - HC-KAR NC: 2025:KHC-D:11791 MFA No. 102068 of 2014 awarded by the Tribunal may be reduced. Accordingly, prays to allow the appeal. 11. Per contra, learned counsel for the petitioner supported the impugned Judgment and contended that the compensation awarded by the Tribunal is just and proper and do not call for any interference. Hence, prays to dismiss the appeal. 12. Perused the records and considered the submissions of learned counsel for the parties. 13. There is no dispute regarding the occurrence of accident and the injuries sustained by the petitioner and the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The Tribunal considering the evidence of the Doctor i.e. PW-2 has rightly assessed the disability at 10% to the whole body and has taken the income of the petitioner at Rs.3,000/-. The Tribunal, considering the entire evidence on record,s rightly awarded - 6 - HC-KAR NC: 2025:KHC-D:11791 MFA No. 102068 of 2014 the compensation of Rs.92,800/-. Hence, I do not find any error in the impugned Judgment. 14. Accordingly, I proceed to pass the following: ORDER (i) The appeal is dismissed. (ii) The Judgment and award dated 14.02.2014 passed in MVC No.3286/2007 by the learned II Additional Senior Civil Judge and Additional MACT, Belgaum, is confirmed. (iii) The amount in deposit, if any, along with trial Court records, be transmitted to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 7