- 1 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 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. 100651 OF 2015 (MV-) C/W MISCELLANEOUS FIRST APPEAL NO. 100649 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 100650 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101245 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101246 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101247 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101248 OF 2015 IN MFA NO. 100651 OF 2015 BETWEEN: 1. VITTAL S/O FAKIRAPPA NANDI AGE: 53 YEARS, OCC: AGRI., AND VEGETABLE VENDING BUSINESS R/O: UPPARATTI, TQ: GOKAK DIST: BELAGAVI. …APPELLANT (BY SRI. BAHUBALI N. KANABARGI, ADV) AND: 1. VIKAS LAXMAN PATIL AGE: MAJOR, OCC: BUSINESS, R/O: MAHADEV NAGAR, SAMBRA TQ & DIST: BELAGAVI. 2. DIVISIONAL MANAGER UNITED INDIA INSURANCE CO., LTD., 2ND FLOOR, 1568 SITA SMRITI MARUTI GALLI, BELAGAVI- 590002. …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADV FOR R2, NOTICE TO R1 IS SERVED) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS THIS MFA IS FILED U/SEC.173(1) OF THE MV ACT, AGAINST THE JUDGMENT & AWARD DATED:31.10.2014, PASSED IN MVC. NO.759/2012, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, GOKAK, ALLOWING THE CLAIMS PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 100649 OF 2015 BETWEEN: 1. SIDDAPPA S/O YALLAPPA TIGADI AGE: 41 YEARS, OCC: AGRIL AND VEGETABLE VENDING BUSINESS, R/O: UPPARATTI, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. BAHUBALI N. KANABARGI, ADV) AND: 1. VIKAS LAXMAN PATIL AGE: MAJOR, OCC: BUSINESS, R/O: MAHADEV NAGAR, SAMBRA TQ. DIST: BELAGAVI. 2. DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, 1568 SITA SMRITI MARUTI GALLI, BELAGAVI–590002. …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:31.10.2014, PASSED IN MVC.NO.757/2012, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, GOKAK, ALLOWING THE CLAIMS PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 100650 OF 2015 BETWEEN: 1. MUTTEPPA S/O GANGAPPA SOPADAL AGE: 33 YEARS, OCC: AGRIL. & VEGETABLE VENDING BUSINESS, R/O: UPPARATTI, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. BAHUBALI N. KANABARGI, ADV) AND: 1. VIKAS LAXMAN PATIL AGE: MAJOR, OCC: BUSINESS, R/O: MAHDEV NAGAR, SAMBRA TQ. DIST: BELAGAVI. 2. DIVISIONAL MANAGER UNITED INDIA INSURANCE CO., LTD., 2ND FLOOR, 1568 SITA SMRITI MARUTI GALLI, BELAGAVI – 590002. …RESPONDENTS (BY SRI. N.R. KUPPELUR, ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.758/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE GOKAK, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 101245 OF 2015 BETWEEN: 1. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., - 4 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS DIVISIONAL OFFICE, SITA AMRUTI , 2ND FLOOR, 1568, MARUTI GALLI, BELAGAVI, R/BY ITS ASSISTANT MANAGER. …APPELLANT (BY SRI. N.R. KUPPELUR, ADV) AND: 1. MUTTEPPA S/O GANGAPPA SOPADAL, AGE: 33 YEARS, OCC: AGRICULTURE AND VEGETABLE VENDING, R/O UPPARAHATTI, TQ: GOKAK, DIST: BELAGAVI. 2. VIKAS S/O LAXMAN PATIL, AGE: MAJOR, OCC: BUSINESS, R/O MAHADEV NAGAR, SAMBRA, TQ & DIST: BELAGAVI (OWNER OF THE VEHICLE NO. KA-22/B-4367) …RESPONDENTS (BY SRI. BAHUBALI N. KANABARGI, ADV FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.758/2012 PASSED ON THE PRINCIPAL SENIOR CIVIL JUDGE GOKAK, AWARDING COMPENSATION OF RS. 50,000/- ALONG WITH THE INTEREST AT THE RATE OF 6% P.A. FROM 13.06.2014 TILL REALISATION WITHIN THREE MONTHS FROM THE DATE OF AWARD. THIS APPEAL, COMING ON FOR ORDERS, IN MFA NO. 101246 OF 2015 BETWEEN: 1. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SITA AMRUTI, 2ND FLOOR, 1568, MARUTI GALLI, BELAGAVI, R/BY ITS - 5 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS ASSISTANT MANAGER. …APPELLANT (BY SRI. N.R KUPPELUR, ADV) AND: 1. SIDDAPPA S/O YALLAPPA TIGADI AGE: 41 YEARS, OCC. AGRICULTURE AND VEGETABLE VENDING, R/O. UPPARAHATTI, TQ. GOKAK, DIST. BELAGAVI. 2. VIKAS S/O LAXMAN PATIL AGE: MAJOR, OCC. BUSINESS R/O MAHADEV NAGAR, SAMBRA TQ & DIST. BELAGAVI (OWNER OF THE VEHICLE NO.KA-22/B-4367) …RESPONDENTS (BY SRI. BAHUBALI N. KANABARGI, ADV FOR R1 NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.757/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE GOKAK, AWARDING THE COMPENSATION OF RS.37,600/- WITH INTEREST AT THE RATE OF 6% P.A. FROM 13.06.2014 TILL THE DATE OF REALIZATION WITHIN THREE MONTHS FROM THE DATE OF AWARD. THIS APPEAL, COMING ON FOR FURTHER ORDERS, IN MFA NO. 101247 OF 2015 BETWEEN: 1. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, SITA AMRUTI, 2ND FLOOR 1568, MARUTI GALLI, BELAGAVI R/BY ITS ASSISTANT MANAGER. …APPELLANT (BY SRI. N.R. KUPPELUR, ADV) - 6 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS AND: 1. VITTAL S/O FAKIRAPPA NANDI AGE: 53 YEARS, OCC. AGRICULTURE AND VEGETABLE VENDING, R/O. UPPARAHATTI TQ. GOKAK, DIST. BELAGAVI. 2. VIKAS S/O LAXMAN PATIL AGE: MAJOR, OCC. BUSINESS R/O. MAHADEV NAGAR SAMBRA TQ & DIST. BELAGAVI (OWNER OF THE VEHICLE NO.KA-22/B-4367) …RESPONDENTS (BY SRI. BAHUBALI N. KANABARGI, ADV FOR R1 NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.759/2012 PASSED ON THE PRL. SENIOR CIVIL JUDGE GOKAK, AWARDING COMPENSATION OF RS.37,550/- ALONG WITH THE INTEREST AT THE RATE OF 6% P.A. FROM 13.06.2014 TILL REALISATION WITHIN THREE MONTHS FROM THE DATE OF AWARD. THIS APPEAL, COMING ON FOR FURTHER ORDERS, IN MFA NO. 101248 OF 2015 BETWEEN: 1. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SITA AMRUTI, 2ND FLOOR, 1568, MARUTI GALLI, BELAGAVI, R/BY ITS ASSISTANT MANAGER. …APPELLANT (BY SRI. N.R KUPPELUR, ADV) AND: 1. YAMANAPPA S/O BAPANNA @ BALAPPA BANAJI, AGE: 27 YEARS, - 7 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS OCC. AGRICULTURE AND VEGETABLE, R/O. UPPARAHATTI, TQ. GOKAK, DIST. BELAGAVI. 2. VIKAS S/O LAXMAN PATIL AGE: MAJOR, OCC. BUSINESS R/O: MAHADEV NAGAR, SAMBRA TQ & DIST. BELAGAVI (OWNER OF THE VEHICLE NO.KA-22/B-4367) …RESPONDENTS (BY SRI. BAHUBALI N. KANABARGI, ADV FOR R1 NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED IN MVC NO.755/2012 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, GOKAK, AWARDING THE COMPENSATION OF RS.15,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM 13.06.2014 TILL THE DATE OF REALIZATION WITHIN THREE MONTHS FROM THE DATE OF AWARD. THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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) These Appeals are arise out of a common judgment and award dated 31.10.2014 passed in M.V.C Nos. 755/2012, 757/2012, 758/2012 and 759/2012 by the learned Prl. Senior Civil Judge, Gokak. - 8 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS 2. Brief facts, leading rise to the filing of these appeals are as follows: On 19.11.2011 at about 01.00 p.m., the petitioners were proceeding from Upparhatti to Belgaum with vegetable bags in TATA 407 vehicle bearing registration No.KA-22/B- 4367. The driver of the TATA 407 vehicle drove the vehicle in a rash and negligent manner at a high speed, and lost control over the vehicle. As a result, the vehicle turtled on the road side ditch, in which the petitioners sustained grievous injuries. Hence, the petitioners filed claim petitions under Section 166 of the M.V. Act claiming compensation for the injuries sustained in the road traffic accident and accordingly, prays to allow the claim petitions. 3. A notice was issued to the owner of TATA 407 vehicle. Despite the service of a notice, he remained unrepresented and was placed exparte before the Tribunal. 4. The Insurance Company filed a statement of objections denying the averments made in the claim - 9 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS petitions and contended that the driver and the owner of the offending vehicle carried more passengers than the capacity, and the driver had no valid and effective driving license as of the date of the accident. Hence, there is a violation of policy conditions. Hence, on these grounds, he prays to dismiss the claim petitions. 5. The Tribunal clubbed all the claimed petitions, and framed the separate issues. 6. The petitioners, to substantiate their case, examined themselves in their respective cases. 7.1 The petitioner in MVC No.755/2012 was examined as PW1 and marked 8 documents as Exs.P-1 to P-8. 7.2 The petitioner in M.V.C.No.757/2012 examined himself as PW-1, examined the doctor as PW-2 and marked 14 documents as Exs.P-1 to P-14. - 10 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS 7.3 The petitioner in M.V.C. No.758/2012 examined himself as PW-1, examined the doctor as PW-2 and marked 19 documents as Exs.P-1 to P-19. 7.4 The petitioner in M.V.C. No.759/2012 was examined as PW-1 and marked 18 documents as Exs.P-1 to P-18. 7.5 In rebuttal, the Insurance Company has not led any oral or documentary evidence in all the cases. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part vide judgment dated 31.10.2014 and awarded a compensation of Rs.15,000/- in M.V.C.No.755/2012, compensation of Rs.37,600/- in M.V.C.No.757/2012, the compensation of Rs.50,000/- in M.V.C.No.758/2012 and the compensation of Rs.37,550/- in M.V.C.No.759/2012 with interest at 6% p.a. from the date of the petition till the date of realization and held that the owner and Insurance Company are jointly and severally liable to pay the - 11 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS compensation amount and directed the Insurance Company to deposit the compensation amount. 8. The petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed appeals in M.F.A.No.100651/2015, 100649/2015, and 100650/2015. The Insurance Company also filed the appeals challenging the liability in M.F.A.Nos.101245/2015, 101246/2015, 101247/2015, and 101248/2015. 9. Heard the arguments of the learned counsel for the petitioners and the Insurance Company. 10. Learned counsel for the petitioners submits that the petitioners have examined the doctor as PW-2, who has opined that the petitioners have suffered grievous injuries. He also submits that the compensation awarded by the Tribunal is on the lower side. Hence, on these grounds, he prays to allow the appeals filed by the petitioners and dismiss the appeals filed by the Insurance Company. - 12 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS 11. Per contra, learned counsel for the Insurance Company submits that the petitioners were travelling in the offending vehicle as gratuitous passengers and there is a violation of the policy conditions. Hence, the Insurance Company is not liable to pay the compensation as claimed by the petitioners. The said aspect has not been adequately considered by the Tribunal and committed an error in saddling the liability on the Insurance Company. Hence, on these grounds, he prays to allow the appeals filed by the Insurance Company and dismiss the appeals filed by the petitioners. 12. Perused the records and considered the submissions of the learned counsel for the parties. 13. The points that would arise for consideration are concerning the liability and the quantum of compensation. - 13 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS Regarding liability: 14. The Insurance Company has contended that the petitioners were traveling in the offending vehicle as gratuitous passengers. Although sufficient opportunity was provided to the Insurance Company to lead the evidence, the Insurance Company has not led any evidence to prove that the petitioners were traveling as gratuitous passengers. It is the case of the petitioners that they were traveling along with the goods in the offending vehicle. The burden is on the Insurance Company to demonstrate that there is a breach of policy conditions. The Insurance Company has not examined its officer to rebut the evidence of the petitioners. Hence, the Tribunal was justified in fastening the liability on the Insurance Company and rightly recorded its finding that the petitioners were traveling in the offending vehicle along with the goods. I do not find any error in the finding of the Tribunal saddling liability on the owner and the Insurance - 14 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS Company jointly and severally and I concur with the findings recorded by the Tribunal on the point of liability. Regarding quantum of compensation: 15. There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioners in a road traffic accident. Some of the petitioners examined the doctor as PW2. From the perusal of the evidence of PW- 2, it is discloses that the petitioners have sustained grievous injuries; however, there is no fracture suffered by the petitioners. Considering the evidence of PW-2 and medical records, this Court is of the considered opinion that the compensation awarded by the Tribunal is on the lower side and hence, the petitioners are entitled to global compensation of Rs.1,50,000/- each. In view of the same, the point regarding quantum is answered accordingly. 16. In view of the above discussion, I proceed to pass the following order: - 15 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS ORDER (i) The Appeals in MFA Nos. 101245, 101246, 101247 and 101248 of 2012 filed by the Insurance Company are dismissed. (ii) The Appeals in MFA Nos. 100649, 100650, 100651 of 2012 filed by the petitioners are allowed in part. (iii) The judgment and award dated 31.10.2014 passed in M.V.C Nos.757/2012, 758/2012 and 759/2012 by the learned Prl. Senior Civil Judge, Gokak is modified. (iv) The petitioners in MVC 757, 758, 759 of 2012 are entitled to global compensation of Rs.1,50,000/-, including the compensation amount 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 compensation amount with accrued interest within a period of two months from the date of receipt of a copy of this judgment. - 16 - HC-KAR NC: 2025:KHC-D:12098 MFA No. 100651 of 2015 C/W MFA No. 100649 of 2015 MFA No. 100650 of 2015 AND 4 OTHERS (vi) The office is directed to transmit the trial Court records and the amount in deposit to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 22