- 1 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 104036 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100470 OF 2023 IN MFA NO.104036 OF 2023 BETWEEN: 1. SHRI. ABHISHEK S/O. APPASAB ANAGALI AGE. 26 YEARS, OCC. PRIVATE WORK, R/O. GUNDAWAD, TQ. RAIBAG, BELAGAVI-593117 …APPELLANT (BY SRIYUTHS. VITTHAL S. TELI AND YASH R. NADAKARNI, ADVS) AND: 1. MALLIKARJUN S/O PARMESHWAR AVARADI AGE. 40 YEARS, OCC. AGRICULTURE, R/O. HARUGERI CROSS, TQ. RAIBAG, DIST. BELAGAVI-591220. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD, MARUTI GALLI, BELAGAVI-590001. …RESPONDENTS (BY SRI. SHASHANK S. HEGDE, ADV FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.12.2022 PASSED IN MVC NO.1268/2020 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.09 12:03:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 IN MFA NO. 100470 OF 2023 BETWEEN: 1. UNITED INDIA INSURANCE COMPANY LIMITED, THE DIVISIONAL MANAGER, MARUTI GALLI, BELAGAVI, REPRESENTED BY DIVISIONAL MANAGER …APPELLANT (BY SRI. SHASHANK S. HEGDE, ADV) AND: 1. ABHISHEK S/O. APPASAB ANAGALLI AGE. 26 YEARS, OCC. PRIVATE WORK, R/O. GUNDAWAD, TQ. RAIBAG, DIST. BELAGAVI- 591311. 2. MALLIKARJUN S/O PARMESHWAR AVARADI AGE. 43 YEARS, OCC. AGRICULTURE, R/O. HARUGERI CROSS, TQ. RAIBAG, DIST. BELAGAVI- 591317. …RESPONDENTS (BY SRIYUTH. VITTHAL S. TELI AND YASH R. NADKARNI, ADVS FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.12.2022 PASSED IN MVC NO.1268/2020 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, BELAGAVI, AWARDING COMPENSATION OF Rs. 14,43,500/- WITH INTEREST AT 6 % P.A. FROM THE DATE OF PETITION TILL ITS PAYMENT. THESE APPEALS, COMING ON FOR ADMISSION AND ORDERS RESPECTIVELY, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These appeals arise out of a judgment and award dated 14.12.2022 passed in MVC No.1268/2020 by the V Addl. District and Sessions Judge and Addl. MACT, Belagavi (‘the Tribunal’ for short), wherein the Insurance Company has filed the appeal in MFA No.100470/2023 challenging the quantum of compensation and the petitioner has also filed an appeal in MFA No.104036/2023, being dissatisfied with the quantum of compensation awarded by the Tribunal. 2. For convenience, the parties are referred to based on their rankings before the Tribunal. 3. Brief facts leading rise to the filing of these appeals are as follows: 3.1. The petitioner met with an accident on 23.02.2020 at about 04.15 p.m while he was riding his motorcycle bearing Reg.No.KA-23/V-1714. At that time, the driver of the jeep bearing Reg.No.KA-23/A-3716 came - 4 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 from the opposite direction in a rash and negligent manner and dashed the petitioner and caused the accident. As a result, the petitioner sustained grievous injuries the spent a huge amount towards medical expenses. The petitioner filed a claim petition, claiming compensation for the injuries sustained. 4. The owner of the jeep, despite the service of notice, remained absent. Hence, he was placed ex-parte. 5. The Insurance Company filed a statement of objections denying the averments made in the claim petition, and it is contended that the driver of the offending vehicle was not possessing a valid and effective driving licence as of the date of the accident. It is stated that, the petitioner has also contributed to the cause of the accident. It is contended that on the date of accident 3 persons were proceedings on the motor cycle which is against the traffic rules. Hence, prays to dismiss the claim petition against the Insurance Company. - 5 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 6. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 7. The petitioner to substantiate his case, examined himself as PW 1 and examined 2 doctors as PW 2 and 3 and marked 18 documents as Exs.P1 to P18. The Insurance Company marked a document Ex.R1 with consent, but had not led any oral evidence. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in-part vide judgment dated 14.12.2022, and held that the respondents before the tribunal are jointly and severally liable to pay the compensation amount, and awarded a compensation of Rs.14,43,500 with interest at the rate of 6% p.a. to the claimant. 9. The petitioner, being dissatisfied with the compensation awarded by the Tribunal, filed an appeal in MFA No.104036/2023, and the Insurance Company, - 6 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 challenging the quantum of compensation, preferred an appeal in MFA No.1000470/2023. 10. Heard the arguments of the learned counsel for the petitioner, and the Insurance Company. 11. Learned counsel for the petitioner submits that, the compensation awarded by the Tribunal is on the lower side and hence, he prays to enhance the compensation by allowing the appeal filed by the petitioner, and dismissing the appeal filed by the Insurance Company. 12. Per contra, learned counsel for the Insurance Company submits that, the compensation awarded by the Tribunal is exorbitant, and hence, he prays to dismiss the appeal filed by the petitioner, and prays to allow the appeal filed by the Insurance Company. 13. Perused the records, and considered the submissions of learned counsel for the parties. The point that arises for consideration is the quantum of compensation. - 7 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 Regarding quantum of compensation 14. There is no dispute that the petitioner met with an accident, and the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The Tribunal considering Ex.P6, was justified in recording its findings that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. 15. Insofar as the quantum is concerned, the petitioner has sustained grievous injuries in a road traffic accident and to prove that the petitioner has suffered permanent disability, he examined the Doctors as PWs-2 and 3. They have opined that, the petitioner has suffered disability of 30% + 55% fracture of the left temporal bone of the skull. The Tribunal did not accept the disability assessed by PWs-2 and 3 and assessed the notional disability at 25%, to the whole body which is just and proper. Further, the petitioner did not produce any proof of income. The Tribunal has taken the notional income as per the schedule notified by the Karnataka State Legal - 8 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 Services Authority, which is just and proper. Considering the entire evidence on record, the compensation awarded by the Tribunal is re-assessed as follows: Particulars Compensation awarded in Rs. By the Tribunal By this Court Pain and sufferings 50,000/- 75,000/- Medical expenses 2,88,500/- 2,88,500/- Loss of income due to disability 10,39,500/- 10,39,500/- Loss of earning during treatment period 27,500/- 55,000/- Conveyance, attendant charges, nourishment 13,000/- 35,000/- Loss of amenities 25,000/- 25,000/- Total 14,43,500/- 15,18,000/- Enhanced by this Court 74,500/- Thus, the petitioner is entitled to a compensation of Rs.15,18,000/- as against Rs.14,43,500/-. Thus, the petitioner is entitled to an enhanced compensation of Rs.74,500/-. In view of the above discussion, I proceed to pass the following: - 9 - HC-KAR NC: 2025:KHC-D:10561 MFA No. 104036 of 2023 C/W MFA No. 100470 of 2023 ORDER i. MFA No.100470/2023 is dismissed; ii. MFA No.104036/2023 is allowed-in-part; iii. The judgment and award dated 14.12.2022 passed by the Tribunal in MVC No.1268/2020 is hereby modified; iv. The petitioner is entitled to an enhanced compensation of Rs.74,500/- in addition to the compensation awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of realisation of the amount; v. The Insurance Company is directed to deposit the enhanced compensation amount within a period of eight weeks from the date of receipt of copy of this order; vi. Amount in deposit along with Trial Court records, shall be transmitted to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 30