- 1 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MFA CROSS OBJ NO. 100112 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100130 OF 2017 IN MFA CROB. NO. 100112 OF 2017: BETWEEN: DHARMARADDI S/O. HANUMAPPA BIDARI, AGE: 19 YEARS, OCC: STUDENT AND MILK VENDING, R/O: YEREKUPPI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI-581 115. … CROSS OBJECTOR (BY SRI. G.S. HULMANI, ADVOCATE) AND: 1. JAMALSAB S/O ALLABAKSHA OLEKAR, AGE: MAJOR, OCC: BUSINESS, R/O: JOISARAHARALAHALLI, TQ: RANEBENNUR, DIST: HAVERI-581 115. 2. BHARATI AXA GEN. INSURANCE CO. LTD., OPP. VIDYANAGAR POLICE STATION, VIDYANAGAR, HUBBALLI-580 020. … RESPONDENTS (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE FOR R1; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2) THIS MFA CROB. IN MFA NO.1256/2014 IS FILED UNDER ORDER RULE 22 OF CPC., PRAYING TO ENHANCE THE COMPENSATION AWARD DATED 26.10.2016, PASSED IN MVC Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 NO.1256/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, RANEBENNUR. IN MFA NO. 100130 OF 2017: BETWEEN: JAMALSAB S/O ALLABAKSHA OLEKAR, AGE: 35 YEARS, OCC: BUSINESS, R/O: JOISARAHARALAHALLI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. … APPELLANT (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. DHARMARADDI S/O. HANUMAPPA BIDARI, AGE: 19 YEARS, OCC: STUDENT AND MILK VENDING, R/O: YEREKUPPI VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. 2. THE MANAGER, BHARAT AXA GEN. INSURANCE CO. LTD., OPP. VIDYANAGAR POLICE STATION, VIDYANAGAR, HUBBALLI. … RESPONDENTS (BY SRI. GIRISH S. HULMANI, ADVOCATE FOR R1; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.10.2016 PASSED IN MVC NO.1256/2014 ON THE FILE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT, RANEBENNUR. THIS CROSS OBJECTION AND MFA ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 ORAL ORDER/JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. MFA No.100130/2017 is filed by the owner of the auto rickshaw bearing Reg.No.KA.27/A-2739 questioning liability, whereas MFA CROB.No.100112/2017 is filed by the claimant/cross objector seeking enhancement of compensation. 3. Both these appeals are filed being aggrieved by the judgment and award dated 26.10.2016 passed in MVC No.1256/2014 by the Prl. Senior Civil Judge and A.M.A.C.T, Ranebennur (for short, ‘Tribunal’). 4. Brief facts giving rise to filing of these appeals are that on 01.04.2014 at about 8.45 a.m., the claimant was traveling in an auto rickshaw bearing Reg.No.KA.27/A-2739 from Yerekuppi to Ranebennur for - 4 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 his personal work. When auto rickshaw came near Yerekuppi road near Veerabhadreshwaranagar of Ranebennur, the driver drove the vehicle with high speed and in a rash and negligent manner and lost control over the vehicle and made the vehicle fall turtle. As a result of which, the claimant sustained grievous injuries all over the body. Upon the claim petition filed, the Tribunal has awarded compensation and fastened liability on the owner of the auto rickshaw on the reason that the insurance policy is only limited liability policy. 5. Learned counsel for appellant/owner submitted that fastening the liability on the owner is not correct. 6. Learned counsel for claimant/cross-objector prays for enhancement of compensation. 7. In the present case, Ex.R-1 is the Policy copy- commercial vehicle passenger liability only policy. Admittedly, the claimant was traveling in the auto rickshaw as a passenger. Therefore, the claimant being a - 5 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 passenger in auto rickshaw is not a third party. Therefore, under the liability policy, the occupant in the auto rickshaw does not cover the risk. Therefore, the insurance company is not liable to pay compensation and Tribunal has correctly held that the owner of vehicle is liable to pay compensation. Therefore, the appeal filed by owner is liable to be dismissed. Regarding quantum of compensation: 8. In the present case, from the medical evidence on record, it is proved that the claimant had suffered the following injuries: “Deformity of left thigh and lacerated wound over dorsum of left foot, obliquely placed, bleeding after preliminary treatment and the opinion of the doctor that, injury No.1 is grievous in nature and injury No.2 is simple in nature” 9. In this case, the Tribunal has awarded compensation under various heads as under: - 6 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering 10,000/- 2. Medical expenses 25,854/- 3. Towards diet, food and nourishment charges, attendant charges and conveyance. 10,000/- 4. Loss of income during laid up period Nil 5. Loss of future earning capacity 54,000/- 6. Loss of amenities and enjoyment of life 20,000/- 7. Towards future medical expenses Nil Total: 1,19,854/- 10. The Tribunal has awarded compensation of Rs.1,19,854/- along with interest at the rate of 7% per annum from the date of petitions till its realization. 11. Considering the nature of injuries sustained, compensation awarded by the Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 12. Considering the injuries sustained, a compensation of Rs.35,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and - 7 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 hospital charges is Rs.25,854/- as per the medical bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like food, nourishment, diet and attendant charges, etc., Rs.15,000/-(7,500 x 2) towards loss of income during laid up period for a period of two months. 13. The doctor has stated that the claimant had suffered 36% of physical disability to the whole body. Therefore, considering the evidence of doctor, 15% functional disability is taken into consideration as the claimant had suffered grievous injuries. 14. The accident is caused in the year 2014. Therefore, notional income of Rs.7,500/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 16 years old at the time of accident. Therefore, appropriate applicable multiplier is ‘18’. Hence, loss of - 8 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 future income due to disability is hereby reassessed as Rs.2,43,000/- (Rs.7,500/-x 15% x 18 x 12). 15. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards pain and sufferings. 35,000/- 2. Towards loss of amenities. 25,000/- 3. Towards loss of income during laid up period. 15,000/- 4. Towards attendant, Diet, Nourishment charges and Conveyance etc,. 15,000/- 5. Towards Medical Expenses. 25,854/- 6. Towards loss of future income due to disability. 2,43,000/- Total: 3,58,854/- 16. Therefore, the claimant is entitled for total compensation of Rs.3,58,854/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.1,19,854/- awarded by the Tribunal. 17. The Tribunal has awarded interest on the compensation at 7% per annum, which is on the higher - 9 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 side. Considering the rate of interest awarding on the fixed deposits, this Court is awarding interest at the rate of 6% per annum. 18. The owner is directed to deposit the entire compensation amount with accrued interest before the Tribunal within eight weeks from the date of receipt of a certified copy of this judgment. 19. In the result, I proceed to pass the following: ORDER i. MFA No.100130/2017 is dismissed. ii. MFA CROB.No.100112/2017 is allowed in part. iii. The judgment and award dated 26.10.2016, passed by the Prl. Senior Civil Judge and A.M.A.C.T, Ranebennur, in MVC No.1256/2014, stands modified. iv. The claimant is entitled for total compensation of Rs.3,58,854/- along with - 10 - HC-KAR NC: 2025:KHC-D:8066 MFA.CROB No. 100112 of 2017 C/W MFA No. 100130 of 2017 interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.1,19,854/- awarded by the Tribunal. v. The owner of the vehicle shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi. The amount in deposit shall be transmitted to the Tribunal. vii. Registry to send a copy of this judgment to the Tribunal. viii. No order as to costs. ix. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 37