- 1 - NC: 2025:KHC-D:259 MFA No. 103798 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103798 OF 2018 (MV-I) BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., MELLIGERI COMPLEX, BAGALKOT, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER. …APPELLANT (BY SRI SURESH S.GUNDI, ADVOCATE) AND: 1. PANCHAPPA S/O. IRAPPA KATTI, AGE: 58 YEARS, OCC: TEA SHOP, BUSINESS (NOW NIL), R/O. CHIKKASHELLIKERI VILLAGE-587124, TQ: DIST: BAGALKOT. 2. SATAPPA S/O. ADIVEPPA SHEELAVANTAR, AGE: 44 YEARS, OCC: OWNER OF VEHICLE KA-29/S-9026, R/O. CHIKKASHELLIKERI-587124, TQ. DIST: BAGALKOT. …RESPONDENTS (BY SRI D.M. MALLI, ADVOCATE FOR R1 AND R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.06.2018 PASSED IN MVC NO.140/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BAGALKOT AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:259 MFA No. 103798 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the appellant-Insurance Company challenging quantum of compensation awarded to the claimants on the ground that it is the case of assault, but not a case of motor vehicle accident, being aggrieved by judgment and award dated 27.06.2018 passed in MVC No.140/2014 on the file of the Principal Senior Civil Judge and Member MACT-II, Bagalkot (for short, ‘Tribunal’). 3. Brief facts leading to filing of this appeal are that on 25.01.2014 at about 4.30 P.M., the claimant/injured was standing near Shellikeri cross road. At that time, a bike bearing registration No.KA-29-S-9026, rode by its rider came from Kaladgi village in a high speed, rash and negligent manner and hit to the claimant/injured. As a result of it, the claimant sustained grievous injuries. It is also averred that the deceased was aged about 54 years at the time of accident, was running - 3 - NC: 2025:KHC-D:259 MFA No. 103798 of 2018 tea shop, earning Rs.10,000/- per month. Hence, the present appeal is filed challenging the quantum of compensation awarded by the Tribunal. 4. Learned counsel for the appellant submits that it is the case of assault, but not a case of motor vehicle accident. Therefore, the evidence of appreciation by the Tribunal is perverse in nature. Hence, seeks for allowing of the appeal. 5. Upon considering the complaint (Ex.P2) and FIR (Ex.P1), it is alleged that the claimant has sustained injuries due to the rash and negligent driving of the driver. The charge sheet (Ex.P7) shows that the claimant has suffered injuries in the motor vehicle accident. Therefore, considering all these evidence on record, it is proved that the claimant suffered injuries in the motor vehicle accident. 6. Upon considering the quantum of compensation awarded, the same is amount to be on higher side. On perusing the reasons stated in arraying part of compensation, it is on the higher side. Therefore, if the amount of Rs.53,300/- is reduced from compensation of Rs.1,98,800/- awarded by the Tribunal, then the claimant would be entitled to total compensation of - 4 - NC: 2025:KHC-D:259 MFA No. 103798 of 2018 Rs.1,45,500/-. Therefore, the claimant is entitled to total compensation of Rs.1,45,500/- along with interest at the rate of 6% per annum from the date of petition till the date of payment. 7. In the result, I pass the following: ORDER a) Appeal stands allowed in part. b) The judgment and award dated 27.06.2018, passed in MVC No.140/2014, on the file of the Principal Senior Civil Judge and Member MACT-II, Bagalkot is modified to an extent that the claimant would be entitled to total compensation of Rs.1,45,500/- along with interest at the rate of 6% per annum from the date of petition till the date of payment. c) The amount in deposit made by the appellant shall be transmitted to the Tribunal. d) The other observations and findings of the Tribunal are kept in tact. - 5 - NC: 2025:KHC-D:259 MFA No. 103798 of 2018 e) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 27