- 1 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101737 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 101738 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101739 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101740 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101741 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101742 OF 2015 IN MFA NO. 101737 OF 2015 BETWEEN: 1. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD, NO. 6/17, NARIMAL BUILDING, 1ST FLOOR, DOUBLE ROAD, BALLARI R/BY ITS AUTHORISED SIGNATORY (IES) CHOLAMANDALAM M.S GENERAL INS. CO. LTD., NO. 135/5 2ND FLOOR, 5TH CROSS, J P NAGAR, 3RD PHASE, BENGALURU-560078. …APPELLANT (BY SRI. S K KAYAKAMATH, ADV) AND: 1. BARIKARA KOTRESH @ K KOTRESH S/O. MADDI BHEEMAPPA, AGE: 28 YEARS, OCC: COOLIE, R/O. PRESENTLY R/AT: BANDRAVI VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 2. SYED DADAPEER S/O. SYED JAFFAR BASHA, AGE: 28 YEARS, OCC: DRIVER OF THE CAR BEARING NO. KA 32/MA-100, R/O. GUDEKOTA VILLAGE, TQ: KUDLIGI, DIST: BALLARI. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS 3. HONNUR VALI S/O. ALLA BAKSHI AGE: 36 YEARS, OCC: OWNER OF THE CAR BEARING NO. KA 32/MA-100 R/O. NAGENAHALLI VILLAGE TQ: KUDLIGI, DIST: BALLARI. …RESPONDENTS (BY SRI. B.S SANGATI, ADV FOR R1, NOTICE TO R2 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT,1988, AGAINST THE JUDGMENT & AWARD DATED:11.03.2015, PASSED IN MVC. NO.553/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, VI-MACT AT KUDLIGI, AWARDING COMPENSATION OF Rs.1,58,590/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TIL ITS REALIZATION. IN MFA NO. 101738 OF 2015 BETWEEN: 1. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD, NO. 6/17, NARIMAL BUILDING, 1ST FLOOR, DOUBLE ROAD, BALLARI R/BY ITS AUTHORISED SIGNATORY CHOLAMANDALAM M.S GENERAL INS. CO. LTD., NO. 135/5 2ND FLOOR, 5TH CROSS, J P NAGAR, 3RD PHASE, BENGALURU-560078. … APPELLANT (BY SRI. S.K KAYAKAMATH, ADV) AND: 1. LAKSHMI BAI D/O. CHANDRA NAIK W/O. BARIKARA KOTRESH, AGE: 23 YEARS, OCC: COOLIE, R/O. BANDRAVI VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 2. SYED DADAPEER S/O. SYED JAFFAR BASHA, AGE: 28 YEARS, OCC: DRIVER OF THE CAR BEARING NO. KA 32/MA-100, R/O. GUDEKOTA VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 3. HONNUR VALI S/O. ALLA BAKSHI - 3 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS AGE: 36 YEARS, OCC: OWNER OF THE CAR BEARING NO. KA 32/MA-100 R/O. NAGENAHALLI VILLAGE TQ: KUDLIGI, DIST: BALLARI. …RESPONDENTS (BY SRI. B.S SANGATI, ADV FOR R1, NOTICE TO R2 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT,1988, AGAINST THE JUDGMENT & AWARD DATED:11.03.2015, PASSED IN MVC. NO.554/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, VI-MACT, AT KUDLIGI, AWARDING THE COMPENSATION OF Rs.1,64,617/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TIL ITS REALIZATION. IN MFA NO. 101739 OF 2015 BETWEEN: 1. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD, NO. 6/17, NARIMAL BUILDING, 1ST FLOOR, DOUBLE ROAD, BALLARI R/BY ITS AUTHORISED SIGNATORY (CLAIMS) CHOLAMANDALAM M.S GENERAL INS. CO. LTD., NO. 135/5 2ND FLOOR, 5TH CROSS, J P NAGAR, 3RD PHASE, BENGALURU-560078. …APPELLANT (BY SRI. S K KAYAKAMATH, ADV) AND: 1. S. DADAPEER S/O MOHAMMED JAFFAR SAB, AGE: 42 YEARS, OCC: BUSINESS, R/O: GUDEKOTE VILLAGE, TALUK: KUDLIGI, DIST: BALLARI. 2. SYED DADAPEER S/O. SYED JAFFAR BASHA, AGE: 28 YEARS, OCC: DRIVER OF THE CAR BEARING NO. KA 32/MA-100, R/O. GUDEKOTA VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 3. HONNUR VALI S/O. ALLA BAKSHI AGE: 36 YEARS, OCC: OWNER OF THE CAR BEARING NO. KA 32/MA-100 - 4 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS R/O. NAGENAHALLI VILLAGE TQ: KUDLIGI, DIST: BALLARI. …RESPONDENTS (BY SRI. B.S SANGATI, ADV FOR R1, NOTICE TO R2 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:11.03.2015 PASSED IN MVC NO.555/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, VI-MACT, KUDLIGI, AWARDING COMPENSATION OF Rs.1,41,796/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 101740 OF 2015 BETWEEN: 1. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD, NO. 6/17, NARIMAL BUILDING, 1ST FLOOR, DOUBLE ROAD, BALLARI R/BY ITS AUTHORISED SIGNATORY CHOLAMANDALAM M.S GENERAL INS. CO. LTD., NO. 135/5, 2ND FLOOR, 5TH CROSS, J P NAGAR, 3RD PHASE, BENGALURU-560078. …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADV) AND: 1. H. MUSTAFA S/O SANNA MABU SAB @ SANNA MABU SAHEB, AGE: 20 YEARS, OCC: BUSINESS, R/O: GUDEKOTE VILLAGE, TALUK: KUDLIGI, DIST: BALLARI. 2. SYED DADAPEER S/O. SYED JAFFAR BASHA, AGE: 28 YEARS, OCC: DRIVER OF THE CAR BEARING NO. KA 32/MA-100, R/O. GUDEKOTA VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 3. HONNUR VALI S/O. ALLA BAKSHI AGE: 36 YEARS, OCC: OWNER OF THE CAR BEARING NO. KA 32/MA-100 R/O. NAGENAHALLI VILLAGE - 5 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS TQ: KUDLIGI, DIST: BALLARI. …RESPONDENTS (BY SRI. B.S SANGATI, ADV FOR R1, NOTICE TO R2 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT,1988, AGAINST THE JUDGMENT & AWARD DATED:11.03.2015, PASSED IN MVC. NO.556/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, VI-MACT, AT KUDLIGI, AWARDING THE COMPENSATION OF Rs.1,41,796/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TIL ITS REALIZATION. IN MFA NO. 101741 OF 2015 BETWEEN: 1. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD, NO. 6/17, NARIMAL BUILDING, 1ST FLOOR, DOUBLE ROAD, BALLARI R/BY ITS AUTHORISED SIGNATORY CHOLAMANDALAM M.S GENERAL INS. CO. LTD., NO. 135/5, 2ND FLOOR, 5TH CROSS, J P NAGAR, 3RD PHASE, BENGALURU-560078. …APPELLANT (BY SRI. S.K KAYAKAMATH, ADV) AND: 1. Y. JAMAL VALI S/O SANNA MABU SAB @ SANNA SAHEB, AGE: 26 YEARS, OCC: BUSINESS, R/O: GUDEKOTE VILLAGE, TALUK: KUDLIGI, DIST: BALLARI. 2. SYED DADAPEER S/O. SYED JAFFAR BASHA, AGE: 28 YEARS, OCC: DRIVER OF THE CAR BEARING NO. KA 32/MA-100, R/O. GUDEKOTA VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 3. HONNUR VALI S/O. ALLA BAKSHI AGE: 36 YEARS, OCC: OWNER OF THE CAR BEARING NO. KA 32/MA-100 R/O. NAGENAHALLI VILLAGE TQ: KUDLIGI, DIST: BALLARI. …RESPONDENTS (BY SRI. B.S SANGATI, ADV FOR R1, NOTICE TO R2 & R3 ARE DISPENSED WITH) - 6 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED:11.03.2015, PASSED IN MVC. NO.557/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE CUM MEMBER, VI-MACT, KUDLIGI, AWARDING COMPENSATION OF Rs.1,63,269/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE REALIZATION. IN MFA NO. 101742 OF 2015 BETWEEN: 1. THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD, NO. 6/17, NARIMAL BUILDING, 1ST FLOOR, DOUBLE ROAD, BALLARI R/BY ITS AUTHORISED SIGNATORY CHOLAMANDALAM M.S GENERAL INS. CO. LTD., NO. 135/5, 2ND FLOOR, 5TH CROSS, J P NAGAR, 3RD PHASE, BENGALURU-560078. …APPELLANT (BY SRI. S K KAYAKAMATH, ADV) AND: 1. ABDUL KALAM S/O SANNA MABU SAB @ SANNA SAHEB, AGE: 20 YEARS, OCC: BUSINESS, R/O: GUDEKOTE VILLAGE, TALUK: KUDLIGI, DIST: BALLARI. 2. SYED DADAPEER S/O. SYED JAFFAR BASHA, AGE: 28 YEARS, OCC: DRIVER OF THE CAR BEARING NO. KA 32/MA-100, R/O. GUDEKOTA VILLAGE, TQ: KUDLIGI, DIST: BALLARI. 3. HONNUR VALI S/O. ALLA BAKSHI AGE: 36 YEARS, OCC: OWNER OF THE CAR BEARING NO. KA-32/MA-100 R/O. NAGENAHALLI VILLAGE TQ: KUDLIGI, DIST: BALLARI. …RESPONDENTS (BY SRI. B.S SANGATI, ADV FOR R1, NOTICE TO R2 & R3 ARE DISPENSED WITH) - 7 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:11.03.2015 PASSED IN MVC NO.558/2014 ON THE FILE OF THE SENIOR CIVIL JDUGE CUM MEMBER, VI-MACT, KUDLIGI, AWARDING COMPENSATION OF Rs.1,52,138/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF THE PETITION TILL THE REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. These appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the appellant- Insurance company, which arise out of a common judgment dated 11.03.2015 passed in MVC No.553/2014 to 558/2014 by the learned Senior Civil Judge cum Member VI- MACT, Kudligi. 2. Brief facts, leading rise to the filing of these appeals are as follows: 3. The petitioners in MVC Nos.553 and 554 of 2014 contend that, on 29.03.2014, when the petitioner in - 8 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS MVC No.553/2014 proceeded along with the petitioner in MVC No.554/2014 on TVS 50 motor- cycle bearing Registration No.KA-34/H-3013 from Bommasagara Tanda towards Hospet, wherein, the petitioner in MVC No.553/2014 was the rider and the petitioner in MVC No.554/2014 was the pillion rider, were moving slowly and cautiously, on the proper side of the road. At about 2.45 p.m., when the said vehicle reached Kustagi -Hospet on the road, near Budugumpa cross, at that time, one car bearing Reg.No.KA-32 /MA-100 came at a high speed in a rash and negligent manner and dashed to the petitioners motor-cycle. As a result, they fell off the motorcycle and sustained grievous injuries. They spent a huge amount on medical and other expenses. 4. It is the case of the petitioners in MVC Nos. 555 to 558 of 2014, that they were proceeding in a car bearing registration No.KA-32/MA-100, which met with an accident, and they also sustained grievous - 9 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS injuries. The accident occurred due to the rash and negligent driving of the driver of the car bearing registration No.KA-32/MA-100. They filed a claim petition under Section 166 of the M.V Act seeking compensation for the injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petitions. 5. The owner and driver of the offending car appeared through counsel, However, did not file a statement of objections. 6. The Insurance Company filed a statement of objections denying the averments made in the claim petitions and admits that the car involved in the accident is covered under the insurance policy i.e., with effect from 07.03.2014 to 07.03.2015. The insurance company denies the involvement of the offending car in the alleged accident. It is contended that the driver of the offending car did not possess a - 10 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS valid and effective driving license as of the date of the accident and there is a breach of policy conditions. Hence, prays to dismiss the claim petitions against the Insurance Company. 7. The Tribunal clubbed all the claim petitions together, and framed the common issues. 8. The petitioners in all the claim petitions were examined as PWs.1 to 6, and the doctor was examined as PW.7 to PW.12 in each case, and marked 36 documents as Exs.P-1 to P-36. The Insurance Company has not led any oral evidence. However, only marked the insurance policy as Ex.R1. 9. The tribunal, after assessing the verbal and documentary evidence allowed the claim petitions in part vide judgment dated 11.03.2015 and awarded a compensation of Rs.1,58,590/- in MVC No.553/2014, Rs.1,64,617/- in MVC No.554/2014, Rs.1,41,796/- in MVC No.555/2014, Rs.1,41,796/- in MVC - 11 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS No.556/2014, Rs.1,63,269/- in MVC No.557/2014 and Rs.1,52,138/- in MVC No.558/2014 and held that respondent No.3 before the tribunal/ the insurance company of the car bearing registration No.KA- 32/MA-100 is liable to pay the compensation amount to the petitioners in all cases. 10. The Insurance Company, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed these appeals. 11. Heard the arguments of the learned counsel for the Insurance Company and the learned counsel for the petitioners in all the appeals. 12. Learned counsel for the Insurance Company submits that the doctors who were examined as PWs.7 to PW.12 were neither a treated doctor nor an orthopedic surgeon, but he is the Professor of medicine. The disability certificate issued by the said doctor discloses that the petitioners have sustained - 12 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS injuries, and the disability certificate issued by the doctor is contrary to the records and also submitted that the petitioners have not examined a treated doctor and the compensation awarded by the Tribunal is on the higher side. Hence, on these grounds, prays to allow the appeals. 13. Per contra, the learned counsel for the petitioners submits that the petitioners have suffered grievous injuries in the road traffic accident and to prove that they have suffered a permanent disability, have examined doctors as PW.7 to PW.12. He submits that in rebuttal, the Insurance Company has not examined a doctor to demonstrate that the disability certificate issued by PW.7 to PW.12 are incorrect and that there is no permanent disability. He submits that the Tribunal was justified in assessing the disability based on the evidence of PW.7 to PW.12. The Tribunal was justified in passing impugned judgment and the compensation awarded by the Tribunal is just and - 13 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS proper and does not call for any interference by this court. Hence, on these grounds, prays to dismiss the appeals. 14. Perused the records, and considered the submissions of the learned counsel for the parties. 15. The point that would arise for consideration is regarding the quantum of compensation. 16. It is not in dispute regarding the occurrence of the accident and injuries sustained by the petitioners in the road traffic accident. The petitioners to prove that the accident occurred due to the rash and negligent driving of the driver of the car bearing Reg.No.KA-32-MA/100 produced a charge sheet marked as Ex.P1, which discloses that the accident occurred due to the rash and negligent driving of the driver of the offending car. The tribunal was justified in recording its finding on Issue No. 1 in all cases. - 14 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS Reg. Quantum of compensation: 17. It is contended that the petitioners met with a road traffic accident and sustained grievous injuries. To prove the injuries, the petitioners have examined the doctors as PW.7 to PW.12. He deposed that he had examined the petitioners, in all the cases clinically and radiologically, and assessed the disability and issued a disability certificate marked as Ex.P7, Ex.P12, Ex.P17, Ex.P22, Ex.P28 and Ex.P33, wherein he has opined that the petitioners have suffered a grievous injuries. 18. The Tribunal, taking a judicial note regarding the disability certificate issued by PW.7 to PW.12, found that the petitioners have suffered a permanent disability, and also recorded the injuries sustained by each petitioner in the impugned judgment. Further, though the–Insurance Company has seriously disputed regarding the contents of the disability - 15 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS certificate issued by PW.7 to PW.12, in rebuttal, the Insurance Company has not examined any expert to disprove the contents of the disability certificate issued by PW.7 to PW.12. 19. The Tribunal, considering the income of the petitioners and their disability, has rightly awarded the compensation. Hence, I do not find any error in the impugned judgment. I concur with the findings recorded by the Tribunal in the impugned judgment. In view of the above discussion, the point is answered accordingly. 20. Accordingly, I proceed to pass the following order: ORDER (i) The Miscellaneous First appeals are dismissed. (ii) The common judgment dated 11.03.2015 passed in MVC Nos.553/2014 to 558/2014 passed by the learned Senior Civil Judge - 16 - HC-KAR NC: 2025:KHC-D:12135 MFA No. 101737 of 2015 C/W MFA No. 101738 of 2015 MFA No. 101739 of 2015 AND 3 OTHERS cum Member VI- MACT, Kudligi, is hereby confirmed. (iii) The amount in deposit and the TCR shall be transmitted to the Tribunal. (iv) Learned counsel for the Insurance Company submits that the writ petition was filed before this court to form an SIT to investigate regarding the fake disability certificates issued by the doctors. The said writ petition was allowed, and a writ appeal was filed and the said writ appeal was dismissed. He submits that an SIT is likely to call and take up the matter for investigation. (v) It is made clear that the judgment will not come in the way of the Insurance Company or an SIT to take action against the erring doctors. Sd/- (ASHOK S. KINAGI) JUDGE SKS CT: BSB List No.: 1 Sl No.: 32