- 1 - NC: 2025:KHC-D:1339 MFA No. 105051 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.105051 OF 2019 (MV) BETWEEN: ANASAVVA W/O. KRISHNAPPA LAMANI, AGE: 38 YEARS, OCC: COOLIE, R/O YALLAMMANAGUDDA TANDA, TQ: SAUNDATTI, DIST: BELAGAVI-591126. …APPELLANT (BY SRI G.R. TURAMARI, ADVOCATE) AND: 1. RAMESH S/O. SURESH KAKADE, AGE: 43 YEARS, OCC: BUSINESS, R/O: BANDI ONI, SAUNDATTI, DIST: BELAGAVI-591126. (OWNER OF RICKSHAW BEARING REG NO.KA-24/8616) 2. SRIRAM GENERAL INSURANCE CO. LTD., KALABURGI SQUARE, 2ND FLOOR, PINTO ROAD, DESHPANDE NAGAR, HUBBALLI, DISTRICT: DHARWAD-580020. …RESPONDENTS (BY SRI N.C. KOLLOORI, ADVOCATE FOR R2; R1-NOTICE HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PLEASED TO ENHANCING THE COMPENSATION AND FIXING THE LIABILITY TO THE RESPONDENT NO.2 INSURANCE COMPANY BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI AT SAUNDATTI IN MVC NO.1396/2016, DATED 26.06.2019 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. 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:1339 MFA No. 105051 of 2019 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 claimant challenging the judgment and award dated 26.06.2019, passed by the Principal Senior Civil Judge and Additional MACT, Saundatti, in MVC No.1396/2016 (hereinafter referred to as the ‘Tribunal’), seeking enhancement of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 5. In the present case, from the medical evidence on record, it is proved that the claimant had suffered injuries like fracture of right radius bone and fracture of distal phalanx right side. Considering the wounds sustained by the - 3 - NC: 2025:KHC-D:1339 MFA No. 105051 of 2019 petitioner, the Tribunal has awarded global compensation of Rs.30,000/-. Therefore, the compensation awarded by the Tribunal is inadequate. Hence, it is just and proper to award global compensation of Rs.50,000/- in addition to what has been awarded by the tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. Regarding liability 6. In the present case, the Tribunal has fastened liability on the owner of the Auto Rickshaw on the grounds that the driver was not holding driving licence. Now, in the appeal, the appellant has filed an I.A.No.1/2025 under Order XLI Rule 27 of CPC for production of a copy of driving licence. Upon perusal of the same, it is proved that the driver was holding driving a driving licence to drive light motor vehicle. Therefore, the application filed for production of additional documents is hereby allowed and after appreciating the driving licence, it has been held that the driver was holding driving licence to drive light motor vehicle. Therefore, there is no violation of conditions of - 4 - NC: 2025:KHC-D:1339 MFA No. 105051 of 2019 insurance policy; hence, the insurance company is liable to indemnify the owner of the Auto Rickshaw and to pay compensation to the claimant. 7. The Insurance Company is directed to deposit the enhanced global compensation within a period of six weeks from the date of receipt of a certified copy of this judgment. 8. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 26.06.2019, passed by the Principal Senior Civil Judge and Additional MACT, Saundatti, in MVC No.1396/2016, stands modified. iii) The claimant is entitled for the global compensation of Rs.50,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to what has been awarded by the tribunal. - 5 - NC: 2025:KHC-D:1339 MFA No. 105051 of 2019 iv) The claimant is not entitled for interest for the delayed period of 85 days in filing the appeal. v) The insurance company shall deposit the amount within a period of six weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. ix) Send back the Trial Court Records to the Tribunal forthwith. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 45