- 1 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100230 OF 2021 (MV-D) BETWEEN: SHRI. PRAKASH S/O. SHIVAPPA BENNALE, AGE ABOUT. MAJOR, OCC. OWNER OF MOTOR CYCLE R/O. BENDAWAD, TAL. RAIBAG, DIST. BELAGAVI, PIN-591126. …APPELLANT (BY SRI. BAHUBALI N.KANABARGI, ADVOCATE) AND: 1. SHRI. BHIMAPPA S/O. MALLAPPA HIREKODI, AGE ABOUT. 61 YEARS, OCC. AGRICULTURE, R/O. NIPANAL, TAL. RAIBAG, DIST. BELAGAVI, PIN-591126. 2. SMT SUVARNA W/O. BHIMAPPA HIREKODI, AGE ABOUT 53 YEARS, OCC. HOUSE HOLD WORK, R/O. NIPANAL, TAL. RAIBAG, DIST. BELAGAVI, PIN-591126. 3. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, BELAGAVI, DIVISION BELAGAVI, A/P MARUTI GALLI, BELAGAVI, TAL/DIST. BELAGAVI, PIN-590001. …RESPONDENTS (BY SRI. ASHOK A.NAIK, ADVOCATE FOR R1 AND R2; Sri. S.S. KOLIWAD, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 10.02.2021 PASSED IN MVC NO.513/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T., RAIBAG IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.513/2018 dated 10.02.2021 by the Senior Civil Judge and MACT, Raibag, whereby the Tribunal had granted compensation of an amount of Rs.9,70,000/- and held that the owner of the vehicle alone is liable to pay the compensation as the rider of the offending vehicle was not having a valid driving license, the appellant/owner of the vehicle is before this Court. 2. The facts of the case are that on 07.10.2017 at about 11:00 p.m., the deceased was proceeding on a motorcycle. At that time, a dog crossed the road and the deceased lost his control, thereby the said motorcycle skid and the deceased fell down. At that time, the rider of the motorcycle bearing Reg.No.KA-27/Q-1205 drove with high speed, in a rash and negligent manner, endangering human life and lost his control and dashed to the motorcycle of the deceased and caused the accident. Due to the impact, the deceased sustained fatal - 3 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 injuries. Thereafter, he fell into coma. Immediately, he was shifted to the hospital, wherein he got first aid and shifted to another hospital. Then he was shifted to KIMS, Hubli, wherein he succumbed to the injuries on 10.10.2017. The Raibag Police Station have registered the case, conducted the investigation and filed the charge sheet. 3. The Tribunal had considered the income of the deceased at Rs.9,000/- per month and granted compensation of an amount of Rs.9,70,000/- as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 9,18,000/- 2. Loss of love and affection, funeral expenses and transportation of dead body : Rs. 50,000/- 4. Medical expenses : Rs. 2,000/- TOTAL : Rs. 9,70,000/- 4. Learned counsel appearing for the appellant/owner of the offending vehicle submits that there is contributory negligence on the part of the deceased and the deceased was not having a valid driving license. The Tribunal had failed to - 4 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 consider the same and held that the owner of the vehicle is liable to pay the compensation. It is submitted that there is a valid insurance policy and the Insurance Company is liable to pay the compensation. 5. Learned counsel appearing for respondent No.3/ Insurance Company submits that the Insurance Company is not liable to pay the compensation as there is clear violation of terms and conditions of the policy. The Tribunal had rightly fixed the liability on the owner of the vehicle. 6. Learned counsel appearing for the claimants submits that there is no contributory negligence on the part of the deceased and the accident had occurred due to the rash and negligent driving of the driver of the offending vehicle. It is submitted that the Tribunal had failed to grant a reasonable compensation. This accident had taken place in the year 2017 and the Tribunal had taken the income at Rs.9,000/- per month. It is submitted that in fact, though the claimants have not filed the appeal seeking enhancement of the compensation, when this Court is looking at the quantum, the compensation needs to be enhanced. - 5 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 7. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the charge sheet that is filed against the deceased, the owner of the vehicle on which the deceased was proceeding and also owner the rider of the offending vehicle. The deceased fell down and later the offending vehicle has come and hit the deceased. There is a contributory negligence on the part of the deceased which was not considered by the Tribunal. In the considered opinion of this Court, there is 50% contributory negligence on the part of the deceased. 8. When it comes to the liability, in the light of the law laid down in case of National Insurance Co. Ltd. Vs. Swaran Singh and Others1, as the vehicle is insured, even if there is no driving license, still the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 9. Coming to the quantum of compensation, as this accident had taken place in the year 2017, the income of the deceased has to be taken at Rs.10,250/-. 40% future prospects 1 2004 (3) SCC 297 - 6 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 would come to Rs.4,100/- and the income of the deceased will come to an amount of Rs.14,350/-. As he is a bachelor, 50% has to be deducted towards personal expenses. Then his contribution to the family would come to an amount of Rs.7,175/-. Hence, towards loss of dependency, this Court is granting an amount of Rs.14,63,700/- (Rs.7,175x12x17). Towards loss of consortium, this Court is granting an amount of Rs.96,000/- (Rs.48,000x2) and towards funeral expenses, an amount of Rs.36,000/- is granted. 10. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 9,18,000/- 14,63,700/- 2. Loss of consortium : Rs. 00/- 96,000/- 3. Funeral expenses : Rs. 50,000/- 36,000/- 4. Medical expenses : Rs. 2,000/- 00/- TOTAL : Rs. 9,70,000/- 15,95,700/- 11. Altogether, it comes to an amount of Rs.15,95,700/-. As 50% contributory negligence is fixed on the deceased, 50% of the compensation comes to an amount of Rs.7,97,850/-. - 7 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 Hence, the Insurance Company shall pay compensation of an amount of Rs.7,97,850/- and recover the same from the owner of the vehicle. 12. Accordingly, the appeal filed by the owner of the vehicle is partly allowed, reducing the compensation from an amount of Rs.9,70,000/- to Rs.7,97,850/- and the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. i. The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transferred. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The respondent No.3 - Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of this judgment and shall recover the amount from the appellant - owner of the vehicle. On such deposit, the claimants are entitled to withdraw the entire amount. - 8 - HC-KAR NC: 2026:KHC-D:769 MFA No. 100230 of 2021 v. Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 9