Full Judgment Text
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MFA No. 102245 of 2024
C/W MFA No. 102247 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 10 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO.102245 OF 2024 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.102247 OF 2024 (MV-I)
IN MFA NO.102245/2024
BETWEEN:
SRI. RUDRAGOUDA S/O. GAVISIDDANAGOUDA,
AGE. 55 YEARS, OCC. AGRICULTURE AND MILK VENDING,
R/O. KAKKARGOL, TQ. KARATAGI,
DIST. KOPPAL-583229.
…APPELLANT
(BY SRI. A.M. MALIPATIL, ADVOCATE)
AND:
1. SRI. DAWOOD KHAN K. S/O. KHAJA HUSSAIN K.,
AGE. 57 YEARS, OCC. DRIVER OF THE BUS,
R/O. BOMMANAHALLI ROAD, BALLARI-583105.
2. J.C. UMA REDDY W/O. J.C. PRABHAKAR REDDY,
AGE. MAJOR, OCC. OWNER OF BUS,
R/O. M/S. DIWAKAR ROADLINES,
TH
24 ANANTH ARCADE, A.V. ROAD,
KALASIPALYAM, BENGALURU-02.
3. THE MANAGER LEGAL,
UNITED INDIA INSURANCE CO. LTD.,
SANMAN COMPLEX, ISLAMPUR,
GANGAVATHI, DIST. KOPPAL-583227.
…RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
Digitally signed by
VIJAYALAKSHMI
M KANKUPPI
Location: HIGH
COURT OF
KARNATAKA
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MFA No. 102245 of 2024
C/W MFA No. 102247 of 2024
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 05.02.2024 PASSED IN
MVC NO.183/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MOTOR ACCIDENT CLAIMS TRIBUNAL, GANGAVATHI AND ALLOW
THIS MISCELLANEOUS FIRST APPEAL BY ENHANCING
COMPENSATION OF AWARD AMOUNT AS PRAYED WITH COSTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.102247/2024
BETWEEN:
SMT. SHARADAMMA W/O. RUDRAGOUDA,
AGE. 50 YEARS, OCC. AGRICULTURE AND MILK VENDING,
R/O. KAKKARGOL, TQ. KARATAGI, DIST. KOPPAL-583229.
...APPELLANT
(BY SRI. A.M. MALIPATIL, ADVOCATE)
AND:
1. SRI. DAWOOD KHAN K. S/O. KHAJA HUSSAIN K.,
AGE. 57 YEARS, OCC. DRIVER OF THE BUS,
R/O. BOMMANAHALLI ROAD, BALLARI-583105.
2. J.C. UMA REDDY W/O. J.C. PRABHAKAR REDDY,
AGE. MAJOR, OCC. OWNER OF THE BUS,
R/O. M/S. DIWAKAR ROADLINES,
TH
24 ANANTH ARCADE, A.V. ROAD,
KALASIPALYAM, BENGALURU-02.
3. THE MANAGER LEGAL,
UNITED INDIA INSURANCE CO. LTD.,
SANMAN COMPLEX, ISLAMPUR,
GANGAVATHI, DIST. KOPPAL-583227.
...RESPONDENTS
(NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 05.02.2024
PASSED IN MVC NO.182/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
GANGAVATHI AND ALLOW THIS MISCELLANEOUS FIRST APPEAL
BY ENHANCING COMPENSATION OF AWARD AMOUNT AS
PRAYED WITH COSTS, IN THE INTEREST OF JUSTICE AND
EQUITY.
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MFA No. 102245 of 2024
C/W MFA No. 102247 of 2024
HC-KAR
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. These appeals arise out of the common judgment
and award dated 05.02.2024 passed in MVC No. 182 of 2019
and MVC No. 183 of 2019 by the learned Senior Civil Judge and
MACT, Gangavathi.
2. Brief facts, leading rise to the filing of these appeals
are as follows:
The claimants in both the cases are the husband and
wife. It is contended that on 21.11.2017 when they were
proceeding in a Innova Car bearing Reg. No. KA-34/M/3066, a
bus bearing reg. No. KA.01/AB-2045 driven by its driver in a
rash and negligent manner came in a high speed and dashed to
the car of the claimants. As a result of which, the claimants in
both the cases sustained grievous injuries and filed a separate
claim petitions under section 166 of the M.V Act seeking
compensation on account of the injuries sustained in the road
traffic accident. Accordingly, prays to allow the claim petitions.
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3. The owner of the offending vehicle filed a statement
of objections denying the averments made in the claim petition
and contended that the insurance policy was in force as of the
date of the accident and in case of any liability, the same may
be fastened on the insurance company. Accordingly, prays to
dismiss the claim petition.
4. The driver of the offending vehicle adopted the
statement of objections filed by the owner and accordingly,
prays for the dismissal of the claim petition.
5. The insurance company filed a statement of
objections denying the averments made in the claim petition
and contended that the driver of the offending vehicle was not
possessing a valid and effective driving license as of the date of
the Accident. There is a breach of policy terms and conditions.
Accordingly, prays to dismiss the claim petition.
6. The tribunal, based on the rival pleadings of the
parties framed the separate issues in both the petitions and
clubbed them togther and recorded a common evidence.
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7. The claimants, to substantiate thier case, examined
themselves as PW1 and PW2, examined the doctor as PW-3 and
marked 44 documents as Ex.P1 to Ex.P44. In rebuttal, the
official of the insurance company was examined as RW1 and
marked the insurance policy as Ex. R1.
8. The tribunal, after recording the common evidence
of the parties and after appreciating the verbal and
documentary evidence on record allowed the claim petitions in
part vide judgment and award dated 05.02.2024 and awarded
a compensation of Rs. 3,33,703/- to the claimant along with
the interest at the rate of 6% p.a. from the date of the petition
till the date of realisation in MVC No. 183 of 2019 and awarded
a compensation of Rs. 2,78,535/- to the claimant along with
the interest at the rate of 6% p.a. from the date of the petition
till the date of realisation in MVC No. 182 of 2019. In both the
petitions, the insurance company was directed to deposit the
compensation amount.
9. The claimants in both the petitions, dissatisfied with
the quantum of compensation, filed this appeal.
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10. Heard the arguments of the learned counsel for the
claimants and the learned counsel for the Insurance company.
11. Learned counsel for the claimant submits that the
compensation awarded by the tribunal is on the lower side. He
also submits that the compensation assessed and awarded by
the tribunal on the other heads is also on the lower side.
Accordingly, on these grounds, prays to allow the appeals.
12. Per contra, learned counsel for the insurance
company submits that the compensation awarded by the
tribunal is just and proper and do not call for any interference
at the hands of this court in both the petitions. Accordingly, on
these grounds prays to dismiss the appeals.
13. Perused the records and considered the
submissions of the learned counsel for the parties.
14. The point that would arise for consideration in these
appeals would be regarding the quantum of compensation.
15. It is undisputed that the claimants in MVC No. 182
and 183 of 2019 met with an accident on 21.11.2017,
sustained grievous injuries and the same has been caused due
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to the rash and negligent driving of the driver of the offending
vehicle. The claimants to prove that the accident had occurred
due to the rash and negligent driving of the driver of the
offending vehicle, produced a charge sheet marked a Ex. P-3.
The tribunal was justified in recording the finding of fact that
the accident had occurred due to the rash and negligent driving
of the driver of the offending vehicle.
16. Regarding the quantum of compensation
i. In MVC NO. 182/2019 (MFA No. 102247 of 2024)
it is undisputed that the age of the claimant was 45 years
as of the date of the accident and the accident is of 2017.
The tribunal, rightly considering the age and year of
accident has taken the notional income at Rs. 10,250 per
month and has added the future prospects at 25% as per
the law laid down in the case of National Insurance Co.
Ltd v. Pranay Sethi reported in AIR 2017 SC 5157.
further, the tribunal, considering the age of the claimant,
has rightly taken the multiplier of 13 as per the law laid
down in the case of SARLA VERMA (SMT) AND OTHERS
V. DELHI TRANSPORT CORPORATION AND ANOTHER
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reported in (2009) 6 SCC 121. Further, the claimant to
prove the disability has examined the doctor as PW2 who
has opined that the claimant has suffered permanent
disability to the extent of 14% to 16% to the whole body
and 25% to 32% to the particular part. However, the
tribunal has assessed the disability at 4% to the whole
body.
ii. This court, considering the EX-P42 i.e., the discharge
summary and EX-P43 i.e., the disability certificate, deems
it appropriate to award global compensation of Rs.
3,50,000/- to the claimant as against 2,78,535/- awarded
by the tribunal. Thus, the claimant would be entitled to
an enhanced compensation of Rs. 71,465.
iii. In MVC NO. 183/2019 (MFA No. 102245 of 2024)
it is undisputed that the age of the claimant was 56 years
as of the date of the accident and the accident is of 2017.
The tribunal, rightly considering the age and year of
accident has taken the notional income at Rs. 10,250 per
month and has added the future prospects at 10% as per
the law laid down in the case of National Insurance Co.
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Ltd v. Pranay Sethi reported in AIR 2017 SC 5157.
further, the tribunal, considering the age of the claimant,
has rightly taken the multiplier of 09 as per the law laid
down in the case of SARLA VERMA (SMT) AND OTHERS
V. DELHI TRANSPORT CORPORATION AND ANOTHER
reported in (2009) 6 SCC 121. Further, the claimant to
prove the disability has examined the doctor as PW2 who
has opined that the claimant has suffered permanent
disability to the extent of 12% to 14% to the whole body
and 26% to 28% to the particular part. However, the
tribunal has assessed the disability at 4% to the whole
body.
iv. This court, considering the EX-P33 i.e., the discharge
summary and EX-P34 i.e., the disability certificate, deems
it appropriate to award global compensation of Rs.
4,00,000/- to the claimant as against 3,33,703/- awarded
by the tribunal. Thus, the claimant would be entitled to
an enhanced compensation of Rs. 66,297/-.
17. For the foregoing discussion the point regarding
quantum is answered accordingly.
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18. Accordingly, I proceed to pass the following order:
ORDER
1. The Appeals is allowed in part.
2. The impugned judgment and award passed by the
Tribunal in MVC No. 182 of 2019 and MVC No. 183 of
2019 is hereby modified.
3. The claimant in MVC No. 182/2019 (MFA No. 102247 of
2024) is entitled to a total compensation of Rs.
3,50,000/- as against Rs. 2,78,535/- awarded by the
Tribunal. Thus, the claimant is entitled to an enhanced
compensation of Rs. 71,465/- with interest at the rate of
6% per annum from the date of the petition till its
realisation.
4. The claimant in MVC NO. 183/2019 (MFA No. 102245 of
2024) is entitled to a total compensation of Rs.
4,00,000/- as against Rs. 3,33,703/- awarded by the
Tribunal. Thus, the claimant is entitled to an enhanced
compensation of Rs. 66,297/- with interest at the rate of
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6% per annum from the date of the petition till its
realisation.
5. The Insurance Company is directed to deposit the
enhanced compensation amount with accrued interest
within 8 weeks from the date of receipt of a certified copy
of this judgment in both the cases.
6. The amount in deposit, if any and the Tribunal records
shall be transmitted to the Tribunal, forthwith.
Sd/-
(ASHOK S. KINAGI)
JUDGE
SSB
CT: UMD
List No.: 1 Sl No.: 37