- 1 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25658 OF 2012 BETWEEN: KAREPPA S/O BALAPPA CHANDARAGI AGE: 30 YEARS, OCC: NIL, R/O MALAGALI, TQ: SOUNDATTI, DIST: BELAGAVI. …APPELLANT (BY SMT. SHAILA BELLIKATTI, ADV) AND: 1. LAXMAN S/O SHIVAPPA NAGANUR AGE: MAJOR, OCC. BUSINESS, R/O. TUKKANNATTI, TQ: GOKAK, DIST: BELAGAVI (OWNER OF CRUISER TRAX BEARING REG NO.KA-49/M-218) 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD. SECTOR 452- V.A KALABURGI COMPLEX, DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD (INSURER OF CRUISER TRAX BEARING REG NO.KA-49/M-218). …RESPONDENTS (BY SRI. G.N. RAICHUR, ADV FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.09.2012 PASSED IN MVC NO.126/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND ADDL. MACT, SOUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 11:24:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous First Appeal is filed by the claimant being dissatisfied with the quantum of compensation awarded by the learned Presiding Officer, Fast Track Court, and Additional MACT, Soundatti (hereinafter referred to as ‘the Tribunal’, for short), in MVC No.126/2012 vide judgment dated 27.09.2012. 2. Brief facts leading rise to the filing of this appeal are as follows: On 08.05.2011, Yellappa Yaragavi, along with the claimant herein, were going to Karimani Village for their personal work on their motorcycle bearing registration No.KA-23/S-1160. While returning Yeallappa Yaragavi was riding the motorcycle at a moderate speed by observing the traffic rules. When they came near the spot of the accident, one cruiser trax bearing registration No.KA-49/M-218, came from the opposite side at a rash and negligent manner and in a high speed, collided with the motorcycle. As a result, - 3 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 Yellappa Yaragavi sustained grievous injuries and succumbed to the injuries. The claimant herein was a pillion rider and he sustained grievous injuries all over his body. The claimant was admitted to the hospital and spent Rs.50,000/- towards medical treatment. Thus, the claimant filed a claim petition seeking compensation for the injuries sustained by him in the road traffic accident. 3. Respondent No.1 owner of the offending vehicle filed a statement of objections denying the averments made in the claim petition. It is contended that that the accident occurred due to the rash and negligent driving of the deceased himself. It is further contended that the offending vehicle is insured with respondent No.2 and hence, prays to dismiss the petition against him. 4. Respondent No.2, the Insurance Company filed a statement of objections, denying the claim petition averments. It is submitted that the offending vehicle is not insured with respondent No.2 and as of the date of the accident, the driver of the offending vehicle was not holding - 4 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 a valid and effective driving licence, prays to dismiss the petition against him. 5. The legal representatives of the deceased Yellappa also filed a claim petition in MVC No.127/2012. The Tribunal clubbed both the claim petitions, and based on the pleadings of the parties, framed the relevant issues and common evidence was recorded. 6. Claimant No.1 in MVC No.127/2012 was examined as PW.1, the claimant in MVC No.126/2012 was examined as PW.2 and marked 20 documents as Exs.P-1 to P-20. The respondents did not lead any evidence but the insurance company marked 1 document as Ex.R-1. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions with costs and awarded Rs.6,000/- along with 6% interest from the date of the petition till its realisation to the claimant in MVC No.126/2012 and directed the insurance company to deposit the compensation amount. - 5 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 8. The claimant in MVC No.126/2012, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed this appeal seeking enhancement of compensation. 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 claimant has sustained grievous injuries and the compensation awarded by the Tribunal is very meagre. She submits that the Tribunal has not considered the medical records produced by the claimant, i.e. the wound certificate marked as Ex.P-10, medical bills marked as per Exs.P-13 and P-14 and the discharge summary card as per Ex.P-15. She submits that the claimant was admitted as an inpatient in the hospital from 08.05.2011 to 15.05.2011. Hence, she prays to enhance the quantum of compensation, by allowing the appeal. 11. Per contra, learned counsel for the insurance company submits that the injuries, sustained by the - 6 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 claimant, are simple in nature. He submits that the claimant has not examined the Doctor, to prove the disability. Hence, on these grounds, he submits that the Tribunal was justified in awarding the global compensation of Rs.6,000/- which is just and proper. Hence, 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 regarding the occurrence of the accident and the claimant having sustained injuries in the road traffic accident. To prove that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle, the claimant produced a copy of the FIR, marked as Ex.P-2, which discloses that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. 15. Insofar as quantum of compensation is concerned: The claimant has suffered injuries in the road - 7 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 traffic accident and to establish that he has suffered grievous injuries, produced wound certificate, marked as Ex.P-10 and further the claimant has produced the discharge summary card marked as Ex.P-15, which discloses that the claimant was admitted in the hospital as an inpatient from 08.05.2011 to 15.05.2011. Though the claimant has not examined the Doctor, to establish the disability, however, considering the documents produced by the claimant, i.e. Exs.P-10, 13, 14 and 15, which disclose that the claimant has sustained injuries and was admitted to the hospital for 8 days. Considering the nature of injuries sustained by the claimant, this Court is of the opinion that the compensation awarded by the Tribunal is on the lower side. Thus, this Court re- assess the global compensation in a sum of Rs.60,000/-. The claimant is entitled to Rs.60,000/- as a global compensation. Accordingly, the point for consideration is answered. 16. In view of the above discussion, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:9942 MFA No. 25658 of 2012 ORDER i. The appeal is allowed. ii. The judgment and award dated 27.09.2012 passed in MVC No.126/2012 by the learned Presiding Officer, Fast Track Court and Additional MACT, Soundatti, is modified. iii. The claimant is entitled to the global compensation of Rs.60,000/- with an interest at the rate of 6% per annum from the date of the petition till realization of the amount. iv. The insurance company is directed to deposit the global compensation amount with accrued interest within a period of eight weeks from the date of receipt of a certified copy of this judgment. Draw an award accordingly. SD/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB