RAHUL S/O SIDRAI GAVI vs RAHUL S/O CHANDRAKANT BAIRAGI

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HC-KAR
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MFA No. 103276 of 2015
C/W MFA No. 103275 of 2015
MFA No. 103277 of 2015


CNR: KAHC020125102015




IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE

MISCELLANEOUS FIRST APPEAL NO.103276 OF 2015

(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.103275 OF 2015


(MV-I)
MISCELLANEOUS FIRST APPEAL NO.103277 OF 2015


(MV-I)


IN MFA NO. 103276/2015

BETWEEN:

KRISHNA S/O SURESH DESAI
AGE: 34 YEARS, OCC: ELECTRICIAN AND
AGRICULTURE COOLIE NOW NIL
R/O: SAMBRA, TQ. AND DIST: BELAGAVI.
… APPELLANT
(BY SRI VITTHAL S. TELI, ADVOCATE)

AND:

1. RAHUL S/O CHANDRAKANT BAIRAGI
AGE: MAJOR, OCC: BUSINESS
R/O: A/P:NEAR SURYA HOTEL,
MALDAD ROAD, GHULEWADI,
TQ:SANGAMNER, DIST: AHMEDNAGAR
MAHARASHTRA.

2. THE AUTHORISED SIGNATORY
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED







Digitally signed by
BHARATHI H M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.16
16:27:57 +0530

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E/8, EPIP, RIICO INDUSTRIAL AREA,
SITAPURA, JAIPUR, RAJASTHAN-302022.

3. SURESH BHAIRAPPA DESAI
AGE: MAJOR, OCC. BUSINESS
R/O: A/P: SAMBRA,
TQ:DIST: BELAGAVI.

4. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE COMPANY LIMITED,
THROUGH ITS DIVISIONAL
OFFICE AT "MADIWALE ARCADE",
CLUB ROAD, BELAGAVI.
…RESPONDENTS
(BY SRI SURESH S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 AND R3 IS SERVED;
SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R4)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING
THAT, THE JUDGMENT AND AWARD DATED 04.05.2015
PASSED IN MVC NO.1420/2013, ON THE FILE OF THE
V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
PRESIDING OFFICER, MOTOR ACCIDENT CLAIM TRIBUNAL-VI
AT BALAGAVI, IN AWARDING THE COMPENSATION OF
RS.5,000/- AND INTEREST AT RATE OF 6% FROM THE DATE OF
PETITION MAY KINDLY BE MODIFIED BY ENHANCING AS
PRAYED FOR WITH 18% INTEREST AND SET ASIDE SADDLING
THE LIABILITY UPON THE RESPONDENT NO.1, IN THE
INTEREST OF JUSTICE AND EQUITY.



IN MFA NO. 103275/2015

BETWEEN:

RAHUL S/O SIDRAI GAVI
AGE: 23 YEARS, OCC: AGRICULTURE
COOLIE NOW NIL

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R/O: SAMBRA
TQ. AND DIST. BELAGAVI
... APPELLANT
(BY SRI VITTHAL S. TELI, ADVOCATE)

AND:

1. RAHUL S/O CHANDRAKANT BAIRAGI
AGE: MAJOR, OCC: BUSINESS
R/O: A/P:NEAR SURYA HOTEL,
MALDAD ROAD, GHULEWADI,
TQ: SANGAMNER,
DIST: AHMEDNAGAR, MAHARASHTRA.

2. THE AUTHORISED SIGNATORY
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
E-8, EPIP, RIICO INDUSTRIAL AREA,
SITAPUR, JAIPUR, RAJASTHAN-302022.

3. SURESH BHAIRAPPA DESAI
AGE: MAJOR, OCC: BUSINESS,
R/O: A/P: SAMBRA
TQ:DIST: BELAGAVI.

4. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE COMPANY LIMITED,
THROUGH ITS DIVISIONAL
OFFICE AT "MADIWALE ARCADE",
CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R4;
NOTICE TO R1 AD R2 ARE SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
PRAYING THAT, THE JUDGMENT AND AWARD DATED
04.05.2015, PASSED IN MVC NO.1419/2013, ON THE FILE OF
THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND

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MFA No. 103277 of 2015


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PRESIDING OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL-VI,
AT BALAGAVI, IN AWARDING THE COMPENSATION OF
RS.5,000/- AND INTEREST AT RATE OF 6% FROM THE DATE OF
PETITION MAY BE KINDLY MODIFIED BY ENHANCING AS
PRAYED FOR WITH 18% INTEREST AND SET ASIDE SADDLING
THE LIABILITY UPON THE RESPONDENT NO.1, IN THE
INTEREST OF JUSTICE AND EQUITY.



IN MFA NO. 103277/2015

BETWEEN:

BALAGOUDA S/O SURESH DESAI
AGE:39 YEARS, OCC: DRIVER AND
AGRICULTURE COOLIE NOW NIL,
R/O: SAMBRA, TQ: DIST: BELAGAVI.
...APPELLANT
(BY SRI. VITTHAL S. TELI, ADVOCATE)

AND:

1. RAHUL S/O CHANDRAKANT BAIRAGI
AGE: MAJOR, OCC: BUSINESS,
R/O: A/P: NEAR SURYA HOTEL,
MALDAD ROAD, GHULEWADI,
TQ: SANGAMNER, DIST: AHMEDNAGAR
MAHARASHTRA.

2. THE AUTHORISED SIGNATORY
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED
E/8, EPIP, RIICO INDUSTRIAL AREA,
SITAPURA, JAIPUR, RAJASTHAN-302022.

3. SURESH BHAIRAPPA DESAI
AGE: MAJOR, OCC. BUSINESS
R/O: A/P: SAMBRA
TQ. AND DIST. BELAGAVI.

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4. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE COMPANY LIMITED,
THROUGH ITS DIVISIONAL OFFICE
AT "MADIWALE ARCADE",
CLUB ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R4;
NOTICE TO R1 AND R3 ARE SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING
THAT, THE JUDGMENT AND AWARD DATED 04.05.2015 PASSED
IN MVC NO.1418/2013, ON THE FILE OF THE V ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND PRESIDING OFFICER,
MOTOR ACCIDENT CLAIM TRIBUNAL-VI, AT BELAGAVI, IN
AWARDING THE COMPENSATION OF RS.45,120/- AND
INTEREST AT RATE OF 6% FROM THE DATE OF PETITION MAY
BE KINDLY MODIFIED BY ENHANCING AS PRAYED FOR WITH
18% INTEREST AND SET ASIDE SADDLING THE LIABILITY
UPON THE RESPONDENT NO.1, IN THE INTEREST OF JUSTICE
AND EQUITY.

THESE APPEALS COMING ON FOR FURTHER ARGUMENTS
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE RAJESHWARI N.HEGDE

ORAL JUDGMENT
All these appeals are filed by the claimants
challenging the judgment and award dated 04.05.2015,
passed by the Court of V Additional District and Sessions
Judge and Presiding Officer, MACT-VI, Belagavi (‘Tribunal’

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for short), in MVC Nos.1418/2013, 1419/2013 and
1420/2013, seeking enhancement of compensation and
also sought for fastening liability on the insurance
company, in all the appeals.
2. MFA No.103275/2015 arise out of MVC
No.1419/2013, MFA No.103276/2015 arise out of MVC
No.1420/2013 and MFA No.103277/2015 arise out of MVC
No.1418/2013.
3. Since all the appeals arise out of the same
accident and a common judgment, all these appeals are
taken together for disposal.
4. For convenience, the parties are referred as per
their ranking before the Tribunal.
5. Facts of the case in brief is that, on 28.11.2012
at about 03:30 p.m. when the claimants were proceeding
from Kittur towards Sambra in a tractor and trailer bearing
registration No.KA-22/T-4924 and KA-22/T-4925 along

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with others, when they reached NH-4 near Hoolikatti
Cross, a truck bearing registration No.MH-17/AG-6375
came from Kittur towards Belagavi in a high speed and in
rash and negligent manner, dashed against the said
tractor and trailer from back side and caused the accident.
Due to the accident, these claimants have sustained
grievous injuries and immediately after the accident they
were admitted to Belagavi Hospital as inpatients and they
spent huge amount towards medical expenses for the
injuries sustained by them.
6. The claimants contended that, before the
accident they were healthy. They were all aged in between
21 to 37 years, they were working as drivers and coolies
and earning ₹10,000/- each per month, due to accidental
injuries they have become permanently disabled and
unable to do any work as they were doing prior to the
accident. They lost their entire earning capacity and
source of their income. They put into mental agony and

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financial difficulties and they suffered mentally, physically
and financially.
7. The accident had caused only due to the rash
and negligent driving of the truck bearing registration
No.MH-17/AG-6375 by its driver and respondent No.1
being the owner and respondent No.2 insurer of the said
vehicle are jointly and severally liable to pay the
compensation, respondents No.3 and 4 are the formal
parties to avoid any technicalities of non-joiner of parties.
Hence, these claimants filed claim petition before the
Tribunal.
8. In response to the notice, respondent No.1 is
placed exparte. Respondents No.2 to 4 appeared through
counsel. Respondents No.2 and 4 have resisted the claim
petition by filing written statement. They contended that,
the driver of the offending vehicle was not holding valid
and effective driving licence to drive the particular type of
vehicle, which has been involved in the accident at the

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time of the alleged incident. Hence, respondent No.2 is not
liable to pay any compensation to the claimants.
9. Respondent No.4 has also filed statement of
objections contending that the accident in question has
occurred due to rash and negligent driving of the truck
bearing registration No.MH-17/AG-6375 and respondents
No.1 and 2 being the owner and insurer of the said
vehicle, jointly and severally liable to pay the
compensation to the claimants. This respondent is only
made as formal party and therefore prayed for dismissal of
the claim petition against him.
10. In order to prove their case, the claimant Sri
Krishna Suresh Desai in MVC No.1420/2013 is examined
as PW.1, the claimant Sri Rahul Sidrai Gavi, in MVC
No.1419/2013 is examined as PW.2 and the claimant
Balagouda Suresh Desai, in MVC No.1418/2013 is
examined as PW.3 and they together examined the doctor
as PW4 and got marked the documents as Exs.P1 to P15.

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11. The tribunal has proceeded to pass the
impugned award by partly allowing the claim petitions filed
by these three claimants. It is ordered that, the claimant
in MVC No.1419/2013 and MVC No.1420/2013 are entitled
to global compensation of ₹5,000/- each with interest at
the rate of 6% per annum from the date of petition till the
date of realization of the entire amount from respondent
No.1. Further, the claimant in MVC No.1418/2013 is
entitled for compensation of ₹45,120/- with interest at the
rate of 6% per annum from the date of petition till the
date of realization. Further, it is ordered that respondent
No.1 being the owner of the offending vehicle shall pay the
said compensation and directed to deposit, vide impugned
award dated 04.05.2015.
12. Being aggrieved by the impugned award, all the
claimants are before this Court by filing these appeals.
13. Heard the arguments of Sri Vitthal S. Teli,
learned counsel for appellants and Sri Suresh S. Gundi,

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learned counsel for respondent No.2 insurance company
and Sri Rajashekhar S. Arani, learned counsel for
respondent No.4. Perused the original records and the
appeal papers.
14. Learned counsel for the appellant contended
that, in MFA No.103275/2015 and MFA No.103276/2015
the Tribunal has awarded global compensation of ₹5,000/-
each, which are on lower side. These two claimants
sustained grievous injuries but the Tribunal did not
consider the injuries sustained by them and awarded
global compensation of ₹5,000/- each. Therefore, it is
contended that the said compensation to be enhanced
looking into the injuries sustained by them.
15. Further, it is contended that the Tribunal has
ordered respondent No.1 i.e., the owner of the vehicle to
deposit the compensation. It is contended that as per the
judgment in New India Assurance Company Limited
vs. Yellavva and another reported in 2020 ACJ 2560 ,

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an order can be made directing the Insurance Company to
deposit the compensation because the said vehicle was
insured with the Insurance Company. Though there was
no licence, as per the said judgment the Insurance
Company ought to have deposit the amount and thereafter
it has to recover the said amount from the owner of the
vehicle. Therefore, learned counsel for the appellant
contended that an order may be passed directing the
Insurance Company to deposit the amount on the basis of
principle of pay and recovery.
16. On the contrary, learned counsel for respondent
No.2 Insurance Company contended that, insofar as
enhancement of compensation is concerned, the Tribunal
has rightly appreciated the evidence on record and
granted the compensation which is correctly awarded and
therefore, no interference is required.
17. Further, learned counsel for respondent No.2
also argued that, the tribunal has rightly fastened liability

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on the owner of the said vehicle and respondent No.2
cannot be directed to deposit the amount.
18. This Court has gone through the trial Court
records. As per the wound certificate filed by the claimants
before the Tribunal, the claimants in MFA No.103275/2015
and MFA No.103276/2015 sustained only abrasions and
the documents Ex.P7 and P8 disclose the injuries that they
suffered pain and agony. Further they incurred medical
expenses of ₹1,810/- and therefore the Tribunal has
awarded only ₹5,000/- towards global compensation.
However, as these appellants contended that though as
per the medical evidence they sustained only pain and
suffering, but, the said pain and suffering they underwent
for longer days and thereby they could not attend their
day-to-day work and therefore considering the
submission, this Court is of the opinion that the
compensation awarded as against these appellants are

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concerned, it may be enhanced from ₹5,000/- to
₹10,000/- without any interest.
19. Insofar as MFA No.103277/2015 is concerned,
learned counsel for the claimant submitted that, the
Tribunal has taken the income of the claimant at the rate
of ₹4,500/- per month. Learned counsel for appellant
contended that, though the claimant could not produce
any documents with regard to his monthly income,
however as per the chart prepared by Karnataka State
Legal Services Authority, for the accident happened in the
year 2012, the monthly income prescribed is ₹6,500/- per
month. Therefore, it is contended that his income may be
considered as ₹6,500/- per month. Therefore the income
of the claimant is taken as ₹6,500/- per month.
20. Further, learned counsel contended that, the
Tribunal has considered the disability at 3%. However, it is
contended that as per the evidence of the doctor PW.4 and
Ex.P14 disability certificate, he sustained physical

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permanent disability of 20% to the right lower limb.
Therefore, it is contended that, the disability should be
considered as 7% instead of 3%. Taking into consideration
of the submission, this Court has taken disability at 7% to
the whole body. Considering the age of the claimant at the
time of accident he was 37 years, the multiplier applicable
is 15. Therefore, the compensation under the heads of loss
of future in come is reassessed as under:
₹6,500/- x 7% x 15 x 12 = ₹81,900/-.
21. Further, learned counsel submitted that the
compensation awarded by the Tribunal under other heads
is also on lower side.
22. Per contra, learned counsel for respondent No.2
Insurance Company contended that the Tribunal has
rightly awarded the compensation looking into all the
documents.

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23. However, on going through the documents and
further it is contended that, the claimant has sustained
fracture injury and took treatment in the hospital for a
period of 06 days, the compensation awarded by the
Tribunal at ₹6,000/- towards pain and suffering is
enhanced to ₹15,000/-; towards loss of amenities
including nutrition, diet and attendant charges etc.,
awarded by the Tribunal at ₹1,800/- is enhanced to
₹15,000/-.
24. Further, the Tribunal has not awarded any
compensation towards loss of income during laid up
period. The same is awarded for a period of two months,
which comes to ₹13,000/- (₹6,500/- x 2). The
compensation towards medical expenses awarded by the
Tribunal at ₹11,400/- is retained as the same is awarded
on the basis of actual bills and receipts.
25. Thus, the total reassessed compensation
awarded to the claimant is as under:

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Sl.
No.
Heads. Amount in
(₹)
1. Pain and suffering. 15,000
2. Loss of amenities including
nutrition, diet and attendant
charges etc.,
15,000
3. Loss of future earning capacity. 81,900
4. Towards loss of income during 13,000
laid up period.
5. Medical expenses. 11,400
Total: 1,36,300

26. Therefore, the claimant is entitled for total
compensation of ₹1,36,300/-, along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against ₹45,120/- awarded by the Tribunal.
27. In respect of liability is concerned, learned
counsel for respondent No.2 insurance company has
contended that the driver of the offending vehicle was not
having valid and effective driving licence at the time of
accident and since the insured has violated policy
condition, the insurance company is not liable to pay the
compensation.

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28. However, as per the principle of law laid down
by the Hon’ble Supreme Court in the cases of Pappu and
Others vs. Vinod Kumar Lamba and another reported
in (2018) 3 SCC 208; National Insurance
Company Limited vs. Swaran Singh and others
reported in (2004) 3 SCC 297 ; and also as per the
Full Bench decision of this Court in the case of Yellavva
(supra), the insurance company shall satisfy the claim at
the first instance to the claimants and then recover it from
the owner of the offending vehicle.
29. Therefore, respondent No.2 Insurance Company
shall deposit the compensation in all the appeals, within
eight weeks from the date of receipt of a certified copy of
this judgment and then is at liberty to recover the same
from the owner of the offending vehicle.
30. In the result, this Court proceeds to pass the
following:

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ORDER
All the Miscellaneous First Appeals are
allowed in part.
The judgment and award dated
04.05.2015, passed by the Court of V Additional
District and Sessions Judge and Presiding
Officer, MACT-VI, Belagavi, in MVC
Nos.1418/2013, 1419/2013 and 1420/2013,
stand modified.
The claimant in MFA No.103275/2015 is
entitled for global compensation of ₹10,000/-
without interest, as against the compensation of
₹5,000/- awarded by the tribunal.
The claimant in MFA No.103276/2015 is
entitled for global compensation of ₹10,000/-
without interest, as against the compensation of
₹5,000/- awarded by the tribunal.
The claimant in MFA No.103277/2015 is
entitled for a total compensation of ₹1,36,300/-
along with interest at the rate of 6% p.a. from
the date of petition till the date of realization, as
against the compensation of ₹45,120/- awarded
by the tribunal.
The respondent No.2 insurance company
of the offending lorry is directed to deposit the
compensation amount in all the appeals within
eight weeks from the date of receipt of a
certified copy of this judgment at the first

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instance and then recover the same from the
owner of the offending lorry.
Office is directed to send back the trial
Court records along with a copy of this
judgment and award.
No order as to costs.
Draw award accordingly.


Sd/-
(RAJESHWARI N.HEGDE)
JUDGE


MRK
CT-CMU
LIST NO.: 1 SL NO.: 45