- 1 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24828 OF 2013 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.23820 OF 2013 IN M.F.A. NO.24828 OF 2013 BETWEEN: PRABHUGOUDA S/O. VENKANAGOUDA KENCHANAGOUDAR, AGE: 56 YEARS, OCC: SERVICE, R/O: HULLUR, TQ: RON, DIST: GADAG. …APPELLANT (BY SRI S.S. PATIL, ADVOCATE) AND: 1. CHANNAMALLIKARJUNAYYA S/O. CHANABASAYYA BHOOSANURMATH, AGE: 58 YEARS, OCC: BUSINESS, R/O: II CROSS, HOSUR, HUBLI, DIST: DHARWAD. 2. NAZEER AHMED S/O. RUSTUMSAB SOUDAGAR, AGE: 48 YEARS, OCC: DRIVER, R/O: ALTAF PLOT, OLD HUBLI, HUBLI, DIST: DHARWAD. 3. VIDYA S.PATIL, AGE: MAJOR, R/O: H.NO.09, JOURNALIST COLONY, (PATRAKARTA NAGAR), HUBLI, DIST: DHARWAD. 4. UNITED INDIA INSURANCE COMPANY LAMINGTON ROAD, HUBLI. …RESPONDENTS (BY SRI SURESH S.GUNDI, ADVOCATE FOR R1; SRI S.S. KOLIWAD, ADVOCATE FOR R4; R2 AND R3-SERVICE OF NOTICE DISPENSED WITH) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT 1988, PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 31.07.2013, PASSED IN MVC NO.103/2005 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, AT GADAG AND ENHANCE THE COMPENSATION AMOUNT AS IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.23820 OF 2013 BETWEEN: CHANNAMALLIKARJUNAYYA S/O. CHANABASAYYA BHUSANUR (WRONGLY MENTIONED AS BHOOSANURMATH) AGE: 58 YEARS, OCC: BUSINESS, R/O. II CROSS, HOSUR, HUBLI. …APPELLANT (BY SRI SURESH S.GUNDI, ADVOCATE) AND: 1. PRABHUGOUDA S/O. VENKANAGOUDA KENCHANAGOUDAR, AGE: 56 YEARS, OCC: SERVICE, R/O. HULLUR, TAL: RON, GADAG. 2. NAZEER AHMED S/O. RUSTUMSAB SOUDAGAR, AGE: 48 YEARS, OCC: DRIVER, R/O. ALTAF PLOT, OLD HUBLI, HUBLI. 3. VIDYA S.PATIL, R/O. H.NO.9, JOURNALIST COLONY, (PARTRAKARTA NAGAR), HUBLI. 4. UNITED INDIA INSURANCE COMPANY LAMINGTON ROAD, HUBLI. …RESPONDENTS (BY SRI S.S. PATIL, ADVOCATE FOR R1; SRI S.S. KOLIWAD, ADVOCATE FOR R4; R2-STANDS ABATED; R3-NOTICE HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 31-07-2013 PASSED IN MVC NO.103/2005 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AT GADAG AND TO GRANT COST OF THIS APPEAL AND ETC., - 3 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.24828/2013 is filed by the claimant challenging the judgment and award dated 31.07.2013 passed in MVC.No.103/2005 on the file of Additional District and Sessions Judge, Gadag (hereinafter referred to as ‘the Tribunal’ for short) seeking enhancement of compensation. 2. MFA No.23820/2013 is filed by respondent No.1 in MVC No.103/2005 challenging the judgment and award dated 31.07.2013 passed in MVC.No.103/2005 by the Additional District and Sessions Judge, Gadag, on the ground that he was not owner of the offending vehicle/Jeep bearing Reg.No.KA-23/M39, as he had already sold the Jeep to respondent No.3 by the time of accident. Therefore, filed appeal for exoneration from the liability. 3. For the sake of convenience and easy reference, the parties are referred to as per their ranking before the Tribunal. - 4 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 4. It is the case of the claimant that on 06.12.2004, he was proceeding towards glass house along with the complainant on the side of Hubli-Dharwad road near glass house, Durgamma temple at 2.00 p.m., at that time the driver of the jeep bearing Reg.No.KA-23/M-39 was driving the same with high speed and in a rash and negligent manner and dashed the claimant. As a result, the claimant sustained grievous injuries to his leg and immediately after the accident he was shifted to the hospital. Hence filed claim petition for claiming compensation. 5. The Tribunal, after appreciating evidence on record, has granted global compensation of Rs.2,84,886/- with interest at the rate of 6% p.a. by fastening liability on respondent No.1, who is owner of the jeep (the appellant in MFA No.23820/2013) holding that he shall pay the compensation amount to the claimant. 6. The claimant, being aggrieved by insufficiency of compensation awarded by the Tribunal, has preferred an appeal in MFA No.24828/2013 seeking enhancement of compensation. On the other hand, the appellant in MFA - 5 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 No.23820/2013 has preferred the appeal on the ground that he was not the owner of the jeep bearing Reg.No.KA-23/M- 39 as on the date of the accident i.e., on 16.12.2004 since it was already sold to respondent No.3 on 08.09.1999. 7. It is submitted that the appellant- Channamallikarjunayya in MFA No.23820/2013 had sold the jeep on 08.09.1999 to respondent No.3. Admittedly, the accident occurred 06.12.2004, the appellant has produced Ex.D-1/letter issued by respondent No.3 to the RTO requesting to enter her name in the relevant records. Ex.D-2 is the letter written by the appellant to the RTO stating that he sold the jeep on 08.09.1999 itself. Ex.D-3 is the certified copy of Form No.29 of notice of transfer of ownership of the vehicle given by the appellant, stating that he sold and transferred the jeep to respondent No.3. Ex.D-4 is the letter written by the appellant to the insurance company requesting to produce particulars of insurance policy. Therefore, all these documentary evidence placed by the appellant proved the fact that appellant had sold the jeep bearing Reg.No.KA- 23/M-39 to respondent No.3 on 08.09.1999. However, in the - 6 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 RC and FC Book (Ex.D-22) the name of appellant is continued. The Tribunal only on this fact, held that the appellant is liable to pay the compensation. 8. Admittedly, the vehicle was not insured with insurance company as on the date of accident. The Tribunal only considering Ex.D-22 (RC Book and Fitness certificate), in which the name of appellant is reflected and thus held that the appellant is liable to pay compensation. However, the appellant has produced documentary evidence as above discussed, which proves that he had already sold the jeep to respondent No.3 on 08.09.1999. The Tribunal has not considered all these documentary evidence available on record thus, it is nothing but arbitrary in appreciating evidence on record. Therefore, the appeal filed by the appellant in MFA No.23820/2013 is liable to be allowed and respondent No.3, being owner of the jeep bearing Reg.No.KA-23/M-39 as on the date of the accident, alone is liable to pay the compensation to the claimant. - 7 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 9. So far as quantum of compensation concerned, the Tribunal has awarded compensation under various heads as follows: Sl. No. Heads Amount 1. Towards pain and suffering Rs.40,000/- 2. Towards medical expenses Rs.2,17,886/- 3. Towards loss of amenities Rs.20,000/- 4. Food, nourishment, etc., Rs.2,000/- 5. Towards conveyance Rs.5,000/- Total Rs.2,84,886/- 10. The Tribunal has not held correct parameters while assessing and quantifying the compensation. Therefore, the claimant is entitled to enhanced compensation. 11. Upon appreciating the medical evidence on record, it is proved that the claimant has suffered fracture of tibia and fibula and comminuted fracture of tibia condely and fracture of right clavicle. Considering the injuries sustained by the claimant the Tribunal has awarded compensation of Rs.40,000/- is on lesser side. Hence, the same is enhanced to Rs.70,000/-. - 8 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 12. The Tribunal has awarded compensation of Rs.2,17,886/- towards medical expenses based on the actual medical bills produced by the claimant. Hence, same does not call for interference and is kept intact. 13. Since the claimant has suffered grievous injuries to the left leg and he has also undergone plastic surgery therefore, for removal of the same and fixation of implant a compensation of Rs.50,000/- is awarded under the head ‘future medical expenses’. 14. A compensation of Rs.75,000/- is awarded under the head ‘loss of amenities’ as against Rs.20,000/- awarded by the Tribunal. 15. The Tribunal has awarded lesser compensation under the head ‘incidental expenses’ like food, nourishment and conveyance etc., hence, the same is enhanced to Rs.35,000/-. 16. The claimant is a scientist working at the Agricultural University, Dharwad and has a permanent nature of service. Though the accident caused to him, but his - 9 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 service was continued to draw the same salary and by getting promotion time to time. Therefore, there is no need to award compensation under the head ‘loss of earning capacity due to disability’. Thus, compensation under this head is not awarded. 17. Thus, in all, the claimant is entitled total compensation under various heads as follows: Sl. No. Heads Amount 1. Towards pain and suffering Rs.70,000/- 2. Towards medical expenses Rs.2,17,886/- 3. Towards loss of amenities Rs.75,000/- 4. Towards incidental expenses Rs.35,000/- 5. Towards future medical expenses Rs.50,000/- Total Rs.4,47,886/- 18. The claimant is entitled to total compensation of Rs.4,47,886/- along with interest at the rate of 6% p.a from the date of petition till its realization as against Rs.2,84,886/- awarded by the Tribunal. Respondent No.3 herein is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 19. Hence, I proceed to pass the following: - 10 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 ORDER i. MFA No. 24828/2013 is allowed-in-part. ii. MFA No.23820/2013 is allowed. iii. The judgment and award dated 31.07.2013 passed in MVC.No.103/2005 on the file of Additional District and Sessions Judge, Gadag, is hereby modified and the claimant is entitled for enhanced compensation of Rs.4,47,886/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. iv. Respondent No.3 in MFA No.23820/2013 is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. v. No order as to costs. vi. Draw award accordingly. - 11 - NC: 2025:KHC-D:588 MFA No. 24828 of 2013 C/W MFA No. 23820 of 2013 vii. Send back Trial Court Records along with copy of this order forthwith. viii. The amount in deposit made by the appellant in MFA No.23820/2013 shall be refunded to the appellant. ix. The appellant/claimant in MFA No.24828/2013 is not entitled interest for the delayed period of 30 days in filing the appeal. x. Pending IAs’, if any, do not survive for consideration. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:UMD List No.: 2 Sl No.: 13