- 1 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103638 OF 2015 (MV-I) BETWEEN: 1. SANNA OBAIAH @ AVULA SANNA OBANNA S/O MARAIAH, AGE:38 YEARS, COOLIE R/O: PAITHOTA-VILLAGE IN RAYADURGA TALUK OF ANANTHAPUR DISTRICT, A.P PRESENTLY R/O: SIDDARTHA ANAGAR, CONTONMENT, BALLARI. …APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADV) AND: 1. PULI RAMANJINEYULU S/O P.SEENAPPA DRIVER CUM OWNER OF THE LORRY BEARING REG NO:AP-02/W-5459, R/O:DOOR NO.2, BELUGUPPA VILLAGE & MANDAL IN ANANTHAPUR-DISTRICT. 2. M/S. SHRIRAM GENERAL INSURANCE COMPANY LIMITED, BY ITS MANAGER K.C ROAD, BALLARI. 3. M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, BY ITS MANAGER, DOOR.NO.14-309/310, 2ND FLOOR, SHRIRAM EXCLUSIVE, RF ROAD, ANANTHAPUR, A.P. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADV FOR R2, NOTICE TO R1 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DATED:02.07.2015, PASSED IN MVC. NO.949/2012 ON THE FILE OF THE MACT-XII, AT BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:22:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. The petitioner has filed this appeal being dissatisfied with the compensation awarded by the Motor Accident Claims Tribunal-XII, Ballari (for short, ‘the Tribunal’) by judgment and award dated 02.07.2015 passed in MVC No.949 of 2012. 2. Brief facts leading rise the filing of this appeal are as follows: 3. On 11.01.2012, the petitioner met with an accident and sustained grievous injuries and the accident occurred due to rash and negligent driving by the driver of the lorry bearing registration No.AP- 02/W-5459. 4. The petitioner, along with his wife by name Smt. Avula Lakshmidevi, as a pillion rider were returning to their village on their motorcycle bearing - 3 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 registration No.AP-02/J-0816. At that time, they met with an accident and sustained the grievous injuries. The petitioner filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) seeking compensation on account of injuries sustained in the road traffic accident. 5. Notice was issued to respondent No.1—owner of the lorry bearing registration No.AP-02/W-5459. Despite service of notice, the owner remained unrepresented and he was placed ex-parte. 6. Respondent No.2—insurance company filed a statement of objections, denying the averments made in the claim petition. 7. Respondent No.3—Shriram Transport Finance Company filed a written statement denying the averments made in the claim petition and contended that the driver of the offending lorry was not possessing a valid and effective driving licence - 4 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 as of the date of accident. Hence, he requests to dismiss the claim petition against respondent No.3. 8. Based on the pleadings of the parties, the Tribunal framed the relevant issues. 9. The petitioner to substantiate his case, examined himself as PW-1 and marked 5 documents as Exhibits P-1 to P-5. In rebuttal, respondent No.3 neither examined any witness, nor marked any documents. 10. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and awarded a compensation of ₹30,000/- with interest and held that the respondents Nos.1 to 3 are jointly and severally liable to pay the compensation amount and directed respondent No.3 to deposit the entire compensation amount with accrued interest. - 5 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 11. The petitioner being dissatisfied with the compensation awarded by the Tribunal, filed this appeal seeking enhancement of compensation. 12. Heard the learned counsel for the petitioner and the learned counsel for respondent No.2. 13. Learned counsel for petitioner submits that the compensation awarded by the Tribunal is on the lower side. Hence, he prays to allow the appeal. 14. Per contra, learned counsel for respondent No.2 submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference. Hence, prays to dismiss the appeal. 15. Perused the records and considered the submissions of the learned counsel for the parties. 16. The point that arises for consideration is regarding the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 17. There is no dispute regarding the occurrence of accident and injuries sustained by the petitioner. The petitioner produced the charge-sheet marked as Exhibit P-4. The Tribunal considering Exhibit P-4 has rightly held that the accident was occurred a due to the rash and negligent driving by the driver of the offending vehicle. 18. To establish that the petitioner has sustained injuries in the road traffic accident, he has produced the wound certificate marked as Exhibit P-3, which discloses that the injuries sustained by the petitioner are simple in nature. The petitioner has not examined the doctor to establish that he has suffered grievous injuries. 19. The Tribunal has awarded compensation of ₹30,000/- which, in my view, is on the lower side. Considering the nature of injuries sustained by the petitioner, this Court is of the opinion that the - 7 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 petitioner is entitled for a global compensation of ₹50,000/- including the sum awarded by the Tribunal. 20. In view of the above discussion, I proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award passed by the Tribunal in MVC No.949 of 2012 dated 02.07.2015 is modified; (iii) The petitioner is entitled to a total compensation of ₹50,000/-, including the compensation awarded by the Tribunal, with interest at the rate of 7% per annum from the date of petition till realisation of the amount. - 8 - HC-KAR NC: 2025:KHC-D:11059 MFA No. 103638 of 2015 (iv) Respondent No.3 is directed to deposit the enhanced compensation amount within 8 weeks from the date of receipt of a copy of this judgment. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 27