- 1 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 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. 23326 OF 2013 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 21701 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 21702 OF 2013 MISCELLANEOUS FIRST APPEAL NO. 23325 OF 2013 IN MFA NO. 23326 OF 2013 BETWEEN: 1. SRI. ASHOK S/O RAVALU PATIL, AGE: 43 YEARS, OCC: AGRICULTURE NOW NIL, R/O: BELGAUM RAKASKOPPA ROAD, NEAR BUS STAND, SONOLI, TQ & DIST: BELGAUM. …APPELLANT (BY SRI. VITTHAL S TELI, ADV) AND: 1. SHRI. YALLAPPA YASHWANT PATIL AGE: 53 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: AT/PT SONOLI, TALUK & DIST: BELGAUM. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, RAMDEV GALLI, BELGAUM. …RESPONDENTS (BY SMT. V. VIDYA, ADV FOR R1, SRI. S.S. GUNDI, ADV FOR R2) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2013 PASSED IN MVC NO.630/2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-1 AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 21701 OF 2013 BETWEEN: 1. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL, RAMADEV GALLI, BELGAUM, NOW REPRESENTED BY ITS MANAGER, MRS. SAVITA D. KAMAT, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, ARIHANT ARCHADE, KUSUGAL ROAD, KESHWAPUR, HUBLI. …APPELLANT (BY SRI. S.S GUNDI, ADV) AND: 1. SRI. ASHOK S/O. RAVALU PATIL AGE: 43 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. BELGAUM RAKASAKOPPA ROAD, NEAR BUS STAND, SONOLI, TQ: & DIST: BELGAUM. 2. SRI. YALLAPPA YASHAWANT PATIL AGE: 53 YEARS, OCC: BUSINESS & AGRICULTURE, R/O. SONOLI, TQ: & DIST: BELGAUM. …RESPONDENTS (BY SRIYUTHS. K. RAGHAVENDRA RAO AND V.VIDYA, ADVS FOR R2, AND NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:01-03-2013 PASSED IN MVC.NO.630/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, AWARDING - 3 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 THE COMPENSATION OF RS.1,53,000/- WITH INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. THIS APPEAL, COMING ON FOR HEARING, IN MFA NO. 21702 OF 2013 BETWEEN: 1. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL, RAMADEV GALLI, BELGAUM, NOW REPRESENTED BY ITS MANAGER, MRS. SAVITA D. KAMAT, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, ARIHANT ARCHADE, KUSUGAL ROAD, KESHWAPUR, HUBLI. …APPELLANT (BY SRI. SURESH S GUNDI, ADV) AND: 1. SRI. MAHESH S/O. SURESH PATIL AGE: 25 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. PATIL GALLI, SONOLI, TQ: & DIST: BELGAUM. 2. SRI. YALLAPPA YASHAWANT PATIL AGE: 53 YEARS, OCC: BUSINESS & AGRICULTURE, R/O. SONOLI, TQ: & DIST: BELGAUM. …RESPONDENTS (BY SRIYUTHS. K. RAGHAVENDRA RAO AND V.VIDYA, ADVS FOR R2, AND NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:01-03-2013 PASSED IN MVC.NO.631/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, AWARDING THE COMPENSATION OF RS.31,000/- WITH INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. - 4 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 THIS APPEAL, COMING ON FOR HEARING, IN MFA NO. 23325 OF 2013 BETWEEN: 1. SRI. MAHESH S/O. SURESH PATIL AGE: 25 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. PATIL GALLI, SONOLI, TQ: & DIST: BELGAUM. …APPELLANT (BY SRI. VITTHAL S TELI, ADV) AND: 1. SHRI. YALLAPPA YASHWANT PATIL AGE: 53 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: AT/PT SONOLI, TALUK & DIST: BELGAUM. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, RAMDEV GALLI, BELGAUM. …RESPONDENTS (BY SMT. V. VIDYA, ADV FOR R1, SRI. SURESH S. GUNDI, ADV FOR R2) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2013 PASSED IN MVC NO.631/2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-1 AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER : CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 5 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. These Appeals arise out of the common judgment and award dated 1.03.2013 passed in MVC Nos.630/2010 and 631/2010 by the learned Fast Track Court- I, and Member Additional MACT, Belgaum. 2. Brief facts, leading rise to the filing of these appeals are as follows: On 27.02.2010 at about 01.30 p.m., the petitioners were proceeding with their own grown vegetables in Mahindra Bolero goods vehicle bearing registration number KA-22/B- 2361 belonging to Yallappa Yashwant Patil. When the said vehicle was near Vadrangi cross on Belgaum-Belgundi road, at that time the driver of the said vehicle drove the same at a very high speed in a rash and negligent manner and lost the control over the vehicle, the vehicle turtled over and caused accident. Due to which, the petitioners have sustained grievous injuries. Hence, they filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation - 6 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 for the injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petition. 3. Though, a notice was served on the owner of the said vehicle, he remained unrepresented and was placed exparte. 4. The insurance company filed a statement of objections denying the averments made in the claim petition and contended that the driver of the offending did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petitions against the insurance company. 5. All the claim petitions were clubbed together, and the tribunal, considering the pleadings of the parties, framed the common issues. 6. The petitioners, to substantiate their case, examined themselves as PW1 to PW2, examined the doctor as PW4, and marked 29 documents as Exhibits P.1 to P.29. Conversely, the officer of the insurance company was - 7 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 examined as RW1, and marked 7 documents as Exhibits R1 to R7. 7. The Tribunal, assessing the verbal and documentary evidence, allowed the claim petitions in part vide judgment dated 01.03.2013 and awarded a compensation of ₹31,000/- in MVC 631/2010 and ₹1,53,000/- in MVC 630/2010, respectively, with interest at the rate of 8% pr annum from the date of the petition till its realization. 8. The petitioners, being dissatisfied with the quantum of compensation, filed the appeals in MFA No.23326/2013 and MFA No.23325/2013, and the insurance company has filed appeals in MFA Nos.21701/2013 and 21702 of 2013. 9. Heard the arguments of the learned counsel for the petitioners, and the learned counsel for the insurance company. 10. The learned counsel for the insurance company submits that the compensation awarded by the Tribunal is on - 8 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 the higher side. He submits that the petitioners have failed to prove their disability. Hence, on these grounds, he prays to allow the appeals filed by the insurance company. 11. Per contra, the learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. Hence, he prays to allow the appeals filed by the petitioners and dismiss the appeals filed by the insurance company. 12. Perused the records and considered the submissions of the learned counsel for the parties. The point that would arise for consideration is regarding the quantum of compensation. 13. There is no dispute regarding the occurrence of the accident and the 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 offending vehicle, produced a certified copy of a charge sheet marked as Exhibit P.6, which discloses that the accident - 9 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 occurred due to the rash and negligent driving of the driver of the offending vehicle. 14. Regarding quantum of compensation: The petitioners, to prove their disability, examined the doctor as PW4, who has opined that the petitioners have sustained grievous injuries. Considering the nature of injuries sustained by the petitioners, this Court is of the opinion that the petitioner in MVC No.630/2010 and 631/2010 are entitled to a global compensation of Rs.50,000/- each in addition to compensation awarded by the tribunal with interest at 6% per annum. 15. In view of the above discussion, I proceed to pass the following: ORDER i. The Appeals in MFA Nos. 21701 and 21702 of 2010 filed by the insurance company are dismissed. ii. The Appeals in 23325 and 23326 of 2010 filed by the petitioners are allowed in part. - 10 - HC-KAR NC: 2025:KHC-D:11986 MFA No. 23326 of 2013 C/W MFA No. 21701 of 2013 MFA No. 21702 of 2013 AND MFA NO.23325/2013 iii. The judgment and award dated 1.03.2013 passed in MVC Nos.630/2010 and 631/2010 by the Fast Track Court-I and Member Additional MACT, Belgaum, are modified. iv. The petitioner in MVC Nos.631/2010 and 630/2010 are entitled to a global compensation of ₹50,000/- each in additional to the compensation awarded by the tribunal with interest at 6% per annum from the date of the petition till its realisation. v. The Insurance company is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this judgment. The amount in deposit and the TCR be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB