- 1 - HC-KAR NC: 2025:KHC-K:2959 MFA No. 200471 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.200471 OF 2019 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., OPP: MINI VIDHAN SOUDHA, STATION ROAD, GULBARGA. NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI S.S.ASPALLI, ADVOCATE) AND: 1. MANOHAR S/O NINGAPPA YEMPALE, AGE: 31 YEARS, OCC: MASON(GOUNDI) R/O: VILLAGE KOHINOOR, TQ: BASAVAKALYAN, DIST: BIDAR – 585 401. 2. MANWAR ALI S/O AYUB ALI SAYEED, AGE: MAJOR, OCC: BUSINESS, OWNER OF TATA SUMO BEARING NO. MH-24-C-1714 R/O: OLD LATUR T/D LATUR, DISTRICT : LATUR – 413 512. …RESPONDENTS (BY SRI B.C.JAKA, ADVOCATE FOR R1; SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT) THIS MISCELLANEOUS FIST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 20.11.2018 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., BASAVAKALYAN, IN MVC NO.282/2014 BY ALLOWING THE ABOVE APPEAL. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2959 MFA No. 200471 of 2019 THIS MISCELLANEOUS FIST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though appeal is listed for orders, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 20.11.2018 passed by Senior Civil Judge and Additional Motor Accident Claims Tribunal, Basavakalyan, in MVC no.282/2014, this appeal is filed. 3. Sri S.S.Aspalli, learned counsel submitted appeal was by insurer on limited ground i.e., liability. It was submitted that occurrence of accident due to rash and negligent driving of insured vehicle by its driver, claimant sustaining injuries and being entitled for compensation are not in dispute. Insurer is only questioning fastening liability on insurer for entire amount even though insurance policy availed was Act Liability Only Policy limiting insurer’s liability to an extent of Rs.50,000/- only. Therefore, impugned award is required to be modified to said extent. - 3 - HC-KAR NC: 2025:KHC-K:2959 MFA No. 200471 of 2019 4. Sri B.C.Jaka, learned counsel for respondent no.1/claimant on other hand opposes appeal. 5. Heard learned counsel. Perused impugned judgment and award. 6. From above and since insurer is in appeal challenging its liability beyond Rs.50,000/-, point that would arise for consideration is: “Whether Tribunal was justified in fastening liability on insurer to pay entire award amount?” 7. This is insurer’s appeal challenging award on liability. Occurrence of accident on 23.04.2013, involving insured vehicle namely Tata Sumo bearing registration no.MH- 24/C-1714, meeting with accident near Algood village cross and claimant sustaining injuries therein are not in dispute. In claim petition filed by claimant under Section 166 of Motor Vehicles Act, Tribunal framed issues and recorded evidence. Claimant examined himself as PW.1 and Dr.Sachin S/o Tanaji Vishvekar as PW.2 and got marked documents as Exs.P1 to P13. Respondents examined two witnesses as RWs.1 and 2 and got marked documents as Exs.R1 and R2. - 4 - HC-KAR NC: 2025:KHC-K:2959 MFA No. 200471 of 2019 8. On consideration, Tribunal held claimant was entitled for compensation assessed as follows: Sl.No. Heads Amount 1 Towards medical and other incidental expenses i.e., (Rs.9,400/-) Total amount of Rs.9,400/- Rs. 9,400/- 2 Towards pain and sufferings Rs. 10,000/- 3 Towards future loss of earning capacity due to the disability Rs.1,72,800/- 4 Towards loss of income during laid-up period Rs. 4,500/- 5 Towards loss of amenities in life Rs. 10,000/- 6 Towards conveyance, nourishment and attendant Rs. 10,000/- Total Rs.2,16,700/- 9. Tribunal held owner and insurer of offending vehicle jointly and severally liable to pay compensation with interest. 10. Since insurer is challenging award on ground of financial limit of liability, perusal of Ex.R2-Insurance policy would be imperative. On perusal of certified copy of same made available by learned counsel for appellant, it reveals that it is a ‘liability only’ policy wherein premium of Rs.225/- is paid to cover liability in respect of nine unnamed passengers upto Rs.50,000/- per person. Claimant herein is a passenger. Therefore, liability of insurer would be to extent of Rs.50,000/-. - 5 - HC-KAR NC: 2025:KHC-K:2959 MFA No. 200471 of 2019 Since claimant is awarded Rs.2,16,700/-, clarification has to be made that liability of insurer cannot exceed Rs.50,000/-. 11. Point for consideration is answered partly in affirmative. 12. Consequently, following: ORDER i. Appeal is allowed. ii. Appellant-insurer is held liable to pay only Rs.50,000/- with interest to claimant. Tribunal is directed to release said amount to claimant. For remaining amount, claimant would require to proceed against owner. iii. Amount in deposit is ordered to be transmitted to Tribunal for disbursement. Excess amount to be refunded to insurer. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 9 Ct;Vk