- 1 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103942 OF 2015 BETWEEN: 1. ORIENTAL INSURANCE CO. LTD., NIPANI BRANCH, NIPANI, TQ. CHIKODI,. DIST. BELAGAVI, HEREIN REP BY ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, SUMANGALA COMPLEX, II FLOOR, LAMINGTON ROAD, HUBBALLI, HEREIN R/BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND: 1. SRI. VEERUPAXI KALLAPPA KAMBLE AGE ABOUT: 31 YEARS, OCC: ADVOCACY, R/O: BEERASHWAR NAGAR, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI. 2. SHRI. PRAMOD PANDIT KARANING AGE: 31 YEARS, OCC: AGRICULTURE, R/O: GORAKSHAN MAL, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI …RESPONDENTS (BY SRIYUTHS. SHIVAKUMAR APARAJ for MRUTYUNJAY TATA BANGI, ADVS FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED:03.09.2015, PASSED IN MVC.NO.1219/2014, ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUKKERI, AWARDING COMPENSATION OF Rs.6,25,577/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. 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 11:21:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed by the insurance company, challenging the quantum of compensation awarded by the Additional MACT, Hukkeri (hereinafter referred to as ‘the Tribunal’, for short), in MVC No.1219/2014 vide judgment and award dated 03.09.2015. 2. Brief facts, leading rise to the filing of this appeal, are as follows: The claimant met with an accident, and sustained grievous injuries on 23.03.2013 when he was proceeding from SBI Sankeshwar towards the bus stand by walk. It is contended that the accident occurred due to the rash and negligent riding of the rider of the motorcycle bearing registration No.KA-23-V-2120 which dashed to the claimant and caused accident. Due to the said impact he sustained grievous injuries and spent a huge amount towards medical expenses. The claimant has filed the claim petition under - 3 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 Section 166 of the Motor Vehicles Act seeking a compensation. 3. The owner of the offending vehicle filed a statement of objections contending that the vehicle was insured with the insurance company and the insurance company is liable to indemnify the owner of the offending motorcycle. Accordingly, prays to dismiss the claim petition against him. 4. The insurance company filed a statement of objections denying the averments made in the claim petition and contended that the rider of the motorcycle did not possess a valid and effective driving license as of the date of the accident and its liability is subject to the terms and conditions of policy. Hence, prays to dismiss the claim petition. 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues. - 4 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 6. The claimant to substantiate his claim, examined himself as PW.1, examined the Doctor as PW.2, and marked 15 documents as Exs.P-1 to P-15. The respondents have not entered the witness box and no documents were marked on their behalf. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs vide judgment dated 03.09.2015 and awarded a compensation of Rs.6,25,577/- with interest at the rate of 6% per annum from the date of the petition till its realisation. 8. The insurance company, aggrieved by the quantum of compensation awarded by the Tribunal, filed this appeal. 9. Heard the arguments of the learned counsel for the insurance company, and the learned counsel for the claimant. - 5 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 10. Learned counsel for the insurance company submits that the claimant has examined the Doctor as PW.2, who has assessed the disability of the claimant at 46% and issued a disability certificate marked as Ex.P-10. He submits that the disability taken by the Tribunal at 46%, as assessed by PW.2-Doctor, is on the higher side. Hence, on these grounds, he prays to allow the appeal. 11. Per contra, learned counsel for the claimant supported the impugned judgment and award and accordingly, prays to dismiss the appeal. 12. Perused the records, and considered the submissions of the learned counsel for the parties. 13. The point that would arise for consideration is regarding the quantum of compensation. 14. There is no dispute that the claimant has suffered grievous injuries in the road traffic accident, and produced a certified copy of the charge sheet marked as Ex.P-7 to prove that the accident occurred due to the rash and negligent riding of the rider of the offending motorcycle. - 6 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 15. The claimant, to prove the disability examined the Doctor, as PW.2 who deposed that, he has examined the claimant and issued a disability certificate marked as Ex.P- 10. He has opined that the claimant has suffered a permanent disability to the extent of 46% to the whole body. 16. From the perusal of the entire evidence of PW.2, who has opined that the claimant has suffered disability to the extent of 46% to the whole body, the Tribunal has taken the disability at 46% which is on the higher side. This Court re-assess the disability at 30%. Considering the nature of the injuries sustained by the claimant, this Court is of the opinion that the compensation awarded by the Tribunal under the other heads except loss of future income is just and proper. This Court re-assess the loss of future income by taking the monthly income of the claimant at Rs.6,000/- per month and applying the multiplier of 17 as the claimant was aged 30 years, as per the wound certificate and the percentage of disability at 30%. Thus, the claimant is - 7 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 entitled to a loss of future income of Rs.3,67,200/- (6,000x12x17x30%) Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Pain and suffering 20,000/- 20,000/- 2 Loss of future income 5,63,040/- 3,67,200/- 3 Loss of amenities 10,000/- 10,000/- 4 Special diet, attendant and conveyance charges 12,000/- 12,000/- 5 Loss of income during treatment 2,400/- 2,400/- 6 Medical/hospital expenses 18,137/- 18,137/- TOTAL Reduction is Rs. 1,95,840/- 6,25,577/- 4,29,737/- 17. Thus, the compensation awarded by the Tribunal needs to be reduced to Rs.4,29,737/- as against Rs.6,25,577/-. 18. In view of the above discussion, the point for consideration regarding quantum is answered by reducing the compensation awarded by the Tribunal. 19. Accordingly, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:10286 MFA No. 103942 of 2015 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 03.09.2015 passed by the learned Additional MACT, Hukkeri, in MVC No.1219/2014, is modified. iii. The claimant is entitled to a compensation of Rs.4,29,737/- as against Rs.6,25,577/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of the petition till realisation of the amount. iv. The insurance company is directed to deposit the compensation amount along with interest within eight weeks from the date of receipt of a certified copy of this judgment. The Office is directed to transmit the amount in deposit and the records to the Tribunal concerned forthwith. SD/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB