THE DIVISIONAL MANAGER vs SHRI MAHANTESH S/O LAGAMANNA KHILARI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 100349 OF 2025 (MV-I)
BETWEEN:
THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
HAVING ITS DIVISIONAL OFFICE,
ST
1 FLOOR, PRABHU BUILDING,
1732, RAMDEV GALLI, BELAGAVI
NOW REPRESENTED BY ITS
AUTHORIZED SIGNATORY
PIN 590001.
…APPELLANT
(BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE)
AND:
1. SHRI. MAHANTESH
S/O. LAGAMANNA KHILARI,
AGE: 30 YEARS,
OCC: AGRICULTURE, COOLIE,
R/O: HEGADE GALLI, RAIBAG
TAL: RAIBAG,
DIST: BELAGAVI-591317.
2. SHRI. BANDU
S/O. JYOTIBA MANE,
AGE: 38 YEARS,
OCC: AGRICULTURE,
R/O: VIVEK NAGAR,
RAIBAG, DIST: BELAGAVI-591317.
…RESPONDENTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE IN AMICUS CURIA;
NOTICE TO R1 AND R2 ARE SERVED)
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HC-KAR
NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL THE RECORDS, HEAR THE PARTIES AND APPEAL AS PRAYED
FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 12.11.2024 PASSED BY THE COURT OF SENIOR CIVIL JUDGE
AND JMFC AND MACT, RAIBAG, IN M.V.C.NO.2323 OF 2017 WITH
COST IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
ORAL JUDGMENT
Aggrieved by the judgment and award dated 12.11.2024
in MVC No.2323/2017 passed by the Senior Civil Judge and
1
JMFC and MACT, Raibag , the respondent No.2/Insurance
Company before the Tribunal filed this appeal challenging the
impugned judgment and award.
2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.
3. Brief facts of the case are that on 06.08.2016 the
petitioner was proceeding on his Hero HF Delux Motor Cycle
2
bearing registration No.KA-13/EN-0755 from Bhiradi village
towards Raibag along with a pillion rider by name Deepak
Bagade and the petitioner was riding the motorcycle. At about
1
For short, ‘the Tribunal’
2
For short, ‘motorcycle’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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HC-KAR
NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
17.30 hours, when they reached near Edi Mayakkana Temple,
near Downhill on Raibag-Bhiradi Road, at that time, the
petitioner lost his control over the motorcycle and dashed to
the Scooty bearing registration No.MH-11/BP-0120 from
opposite direction and caused accident. Due to said impact, the
petitioner fell down on the road and sustained grievous injuries.
4. It is stated that, prior to the accident he was hale
and healthy and earning Rs.39,000/- per annum by doing
agriculture coolie work. Due to the accidental injuries he
suffered permanent physical disability and thereby lost his
earning and working capacity. The petitioner has spent huge
amount towards medical expenses. Accordingly, he filed a claim
petition before the Tribunal claiming compensation.
5. On filing of the petition, notices have been issued to
the respondents. Respondent No.1 remained absent inspite of
service of notice. Hence, placed an exparte. Respondent No.2
appeared through counsel and filed objections contending that
the petition is not maintainable either in law or on facts, as
such, liable to be dismissed; the petitioner is the accused
against whom charge sheet is filed for causing the accident; the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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HC-KAR
NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
petitioner himself is tortfeasor who was riding the motorcycle
at the time of accident and automatically stepped in to the
shoes of the owner, hence he cannot claim compensation;
there is two days delay in filing the complaint and same is not
explained. Further denied the age, avocation and income of the
petitioner and the injuries sustained by the petitioner in the
accident. Accordingly, prayed for dismissal of the claim petition.
6. Before the Tribunal, the petitioner himself examined
as PW1 and the doctor examined as PW2 and got marked the
documents as Exs.P.1 to P.12. On behalf of respondent No.2, a
witness has been examined as RW1 and got marked Exs.R1 to
R3.
7. On hearing the arguments, the Tribunal allowed the
claim petition in part and awarded compensation under the
following heads:
Sl.
Heads Amount in Rs.
No.
1 Loss of future income 1,75,500/-
2 Pain and suffering 20,000/-
3 Loss of income during laid up 3,600/-
period
4 Attendant charges,
transportation, and
miscellaneous expenses
20,000/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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HC-KAR
NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
5 Loss of amenities and 20,000/-
nutritional food
6 Medical bills 34,608/-
Total 2,73,706/-
8. The Tribunal further held that, the respondents
No.1 and 2 are jointly and severally liable to pay compensation
and directed the respondent No.2 to deposit the compensation
amount within two days from the date of the order with interest
at the rate of 6% per annum from the date of petition till
realization.
9. Dissatisfied with the impugned judgment and
award, the respondent No.2/Insurance Company preferred this
appeal.
10. Learned counsel for the Insurance Company argued
that the compensation awarded by the petitioner had filed a
3
petition under Section 163A of the Motor Vehicles Act, 1988 ,
but the Tribunal has awarded a compensation under the head
of loss of amenities, attendant charges, loss of income during
laid up period, and pain and suffering; the petitioner is not
entitled for the compensation under those heads; the multiplier
3
For short, ‘MV Act’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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HC-KAR
NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
applied by the Tribunal is on the higher side, instead of taking
“17” the Tribunal has taken “18”; as per the schedule, the
petitioner is entitled for compensation of Rs.2,50,000/- only
but, the Tribunal has awarded excessive compensation.
amicus curiae
11. Learned counsel for the petitioner
argued that the compensation awarded by the Tribunal is
reasonable. However, he conceded that the compensation can
be awarded in view of the amendment to Section 163A of the
4
Motor Vehicles Act, 1988 , as the petitioner has sustained
grievous injuries.
12. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
(i) Whether the petitioner proves that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
(ii) What order?
13. Points framed by this Court for consideration are
answered as follows:
4
For short, ‘the Act of 1988’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
Point No.(i) : Partly in the affirmative
Point No.(ii) : As per the final order, for the
following:
14. Regarding Point No.(i): The above petition is filed
under Section 163A of the MV Act. This is a special provision
regarding payment of compensation on a structural formula
basis.
15. The Hon’ble Apex Court in case of Ram Murti and
5
Others V. Punjab State Electricity Board has held that the
provision of Section 140 which is part of chapter X was omitted
by the Act of 32 of 2019. Chapter XI was substituted with
Section 164 for payment of compensation in case of death in
the amount of Rs.5,00,000/- and in case of grievous hurt
Rs.2,50,000/- and thus awarded the compensation under the
amended provision. Thus, the petitioner is entitled for the
beneficial provisions which have been enacted by Parliament.
16. In this case, admittedly the injured met with an
accident and sustained grievous injuries. As held by the Hon’ble
Apex Court in case of Ram Murti and Others (supra), the
5
2023 ACJ 631
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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NC: 2026:KHC-D:17207
MFA No. 100349 of 2025
CNR: KAHC020031332025
appellant is also entitled for compensation of Rs.2,50,000/-
with interest at the rate of 6% per annum.
17. Hence, this Court proceeds to pass the following:
ORDER
(i) The appeal filed by the Insurance Company
is allowed-in-part.
(ii) The impugned judgment and award passed
by the Tribunal is hereby set aside .
(iii) The petitioner is entitled for compensation
of Rs.2,50,000/- as against Rs.2,73,706/-
awarded by the Tribunal.
(iv) The compensation amount shall carry
interest at the rate of 6% per annum from
the date of petition till the date of payment.
(v) Respondent No.2/Insurance Company shall
deposit the entire compensation with
accrued interest before the Tribunal within a
period of six weeks from the date of receipt
of certified copy of this judgment.
(vi) Draw modified award accordingly.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
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MFA No. 100349 of 2025
CNR: KAHC020031332025
(vii) Registry to transmit the Trial Court Records
to the Tribunal forthwith.
(viii) The Court recorded the appreciation of the
assistance rendered by learned counsel Sri.
amicus curiae
H. R. Latur, appearing for the
petitioner.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 03-11-2026
(K.G.SHANTHI)
JUDGE
SMM
List No.: 1 Sl No.: 59