- 1 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103251 OF 2016 (MV-D) BETWEEN: 1. THE MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., E/8, EPIP RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN, NOW OFFICE AT: NO.5/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD, OFF. BENNURUGHATTA ROAD, IIMB POST, BANGALURU-560001. REPTD BY AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. NAGARAJ C. KOLLOORI, ADV) AND: 1. KAREPPA S/O UDDAPPA NEGINAL, AGE: 30 YEARS, OCC: AGRICULTURE COOLIE, R/O: MABANUR VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI-590002. 2. LOKANNA BHEEMESH KATTI, AGE: MAJOR, OCC: BUSINESS, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOTE-581112. …RESPONDENTS (BY SRI. H.M. DHARIGOND, ADV FOR R1, SRI. HARISH S. MAIGUR, ADV FOR R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 15.06.2016 PASSED IN MVC NO.1582/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, SAUNDATTI, AWARDING THE COMPENSATION OF RS.7,18,000/- WITH INTEREST AT THE RATE OF 9% P.A. FROM THE DATED OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER : CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.17 15:46:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act, 1988” for short) by the Insurance Company, challenging the judgment and award dated 15.06.2016 passed in MVC No.1582/2014 by the learned Senior Civil Judge, and Additional MACT, Saundatti. 2. For convenience, the parties are referred to, based on their rankings before the Tribunal. 3. Brief facts, leading rise to the filing of this appeal, are as follows: 4. On 23.12.2013, at about 5:30 PM, the petitioner was proceeding on his motorcycle bearing Reg.No.KA-24/Q- 1827 from Gokak towards Munavalli. When he was near Yaragatti Sangolli Rayanna Circle, a truck bearing Reg.No.KA-48/1217 driven by its driver, came in a rash and negligent manner, and dashed to the motorcycle. As a - 3 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 result, the petitioner sustained the grievous injuries. He spent a huge amount towards medical expenses. The petitioner filed a claim petition under Section 166 of the M.V.Act, claiming compensation for the injuries sustained by the petitioner in a road traffic accident. Accordingly, prays to allow the claim petition. 5. Despite the service of a notice, owner of the truck remained absent, and was placed ex-parte. 6. The Insurance Company filed a statement of objections denying the averments made in the claim petition. It is contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company. 7. The Tribunal, based on the pleadings of the parties, framed the relevant issues. - 4 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 8. The petitioner, to substantiate his case, examined himself as P.W.1, examined the doctor as P.W.2, and marked 14 documents as Exs.P1 to P14. Conversely, the respondents before the tribunal did not lead any oral evidence, however, marked one document as Ex.R1 i.e., the Insurance Policy. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs vide judgment dated 15.06.2016 and awarded a compensation of Rs.7,18,000/- with interest at the rate of 9% p.a. from the date of the petition till its realisation. It is held the owner and the insurance company are jointly and severally; to pay the compensation amount and the insurance company was directed to deposit the compensation amount. 9. The Insurance Company, aggrieved by the judgment and award passed in MVC No.1582/2014, has filed this Miscellaneous First Appeal. - 5 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 10. Heard the arguments of the learned counsel for the Insurance Company, and the learned counsel for the petitioner. 11. Learned counsel for the Insurance Company submits that compensation awarded by the Tribunal is on the higher side, and the disability assessed by the Tribunal is also on the higher side. Hence, on these grounds, he prays to allow the appeal. 12. Per contra, the learned counsel for the petitioner submits that the compensation awarded by the Tribunal is just and proper, and do not call for any interference by this court. Hence, prays to dismiss the appeal. 13. Perused the records, and considered the submissions of the learned counsel for the parties. 14. The point that would arise for my consideration is regarding the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 Reg. Quantum of Compensation: 15. There is no dispute regarding the occurrence of the accident, and injuries sustained by the petitioner in a road traffic accident. To prove the disability, the petitioner has examined the doctor as P.W.2, who has opined that the petitioner has suffered a disability at 40%, wherein the Tribunal has assessed the disability at 15%, which is just and proper. 16. The petitioner has not produced any documents to prove her income. In the absence of proof of income, the notional income has to be assessed as per the schedule notified by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident occurred in 2013. The petitioner was aged 29 years old, as of the date of the accident. The multiplier applicable to the age group is ‘17’. Thus, the petitioner is entitled to a compensation of Rs.2,14,200/- (Rs.7,000/-x 12x 17x15%) under the head loss of future earnings. - 7 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 17. Considering the nature of the injuries and the evidence of P.W.2, this court reassesses the compensation, which is as follows: Compensation awarded in Rs. Particulars By the Tribunal By this Court Pain and suffering 60,000/- 60,000/- Attendant charges, nursing extra nourishment charges and conveyance charges 32,000/- 32,000/- Loss of income during the treatment period 69,939/- 35,000/- Loss of amenities 10,000/- 25,000/- Medical expenses 11,000/- 11,000/- Towards loss of future earning 5,35,033/- 2,14,200/ (Rs.7,000/-x 12x17x15%) Total rounded off to 7,17,972/ - 7,18,000/- 3,77,200/ Reduced by this Court 3,40,800/- 18. In view of the above discussion, the compensation awarded by the Tribunal requires to be reduced. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The impugned judgment and award dated 15.06.2016 passed in MVC No.1582/2014 - 8 - HC-KAR NC: 2025:KHC-D:11795 MFA No. 103251 of 2016 by the learned Senior Civil Judge, and Additional MACT, Saundatti is modified. iii. The petitioner is entitled to a total compensation of Rs.3,77,200/- as against Rs.7,18,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of the petition till its realisation. iv. The Appellant-Insurance Company is directed to deposit the compensation amount within a period of eight weeks from the date of receipt of a certified copy of this judgment. v. The excess amount in deposit, if any, be returned to the Insurance Company. vi. The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 12