SMT BHARATI W/O SATIOSHGOUDA PATIL vs SATISHGOUDA MALAGOUDA PATIOL

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 6 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO.103989 OF 2023 (MV-I)

BETWEEN:

SMT. BHARATI W/O. SATIOSHGOUDA PATIL,
AGE: 31 YEARS, OCC: TAILORING (NOW NIL),
R/O: KERUR, TAL: CHIKKODI,
DIST: BEAGAVI 591201.
…APPELLANT
(BY SRI. ASHOK A. NAIK, ADVOCATE)

AND:








1. SATISHGOUDA MALAGOUDA PATIL
AGE: MAJOR, OCC: BUSINESS,
R/O: FARM HOUSE, KERUR,
TALUKA: CHIKKODI,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
D.O 1568, MARUTI GALLI, BELAGAVI.
…RESPONDENTS
(NOTICE TO R1 IS SERVED;
BY SRI. M. K. SOUDAGAR, ADVOCATE FOR R2)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYED THAT THE JUDGMENT AND AWARD
DATED 21.03.2023 PASSED IN M.V.C.NO.2625/2019 BY THE XI
ADDL. DISTRICT JUDGE AND ADDL. MACT, BELAGAVI IN AWARDING
COMPENSATION OF RS.38,630/- WITH 6% INTEREST P.A. KINDLY
MODIFIED BY ENHANCING TO RS. 10,00,000/- WITH INTEREST 18%
PER ANNUM FROM THE DATE OF PETITION, TILL THE DATE OF
PAYMENT, BY HOLDING ALL RESPONDENTS HEREIN JOINTLY AND
SEVERALLY LIABLE TO PAY THE COMPENSATION TRIBUNAL
LIABILITY FIXED ON THE RESPONDENT NO.2 BY ALLOWING THIS
APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023



THIS APPEAL, COMING ON FOR 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 21.03.2023
in MVC No.2625/2019 passed by the XI Addl. District Judge &
1
Addl. MACT, Belagavi , the petitioner before the Tribunal filed
this appeal seeking enhancement of compensation.

2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.

3. Brief facts of the case of the petitioner are that, on
02.06.2015, the petitioner was proceeding on Hero-Honda
motorcycle bearing No.KA-23/X-6958 at 11.30 a.m. as a pillion
rider. Respondent No.1 being the husband of the petitioner was
riding the motorcycle. When they reached the spot of accident
i.e., Jyotiba – Kolhapur road, the rider of the motorcycle lost
control over his motorcycle and rode the motorcycle in a rash
and negligent manner and caused the accident. As a result,
the petitioner sustained grievous injuries. Immediately, she

1
For short, ‘the Tribunal’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023


was shifted to CPR Hospital, Kolhapur. After first aid, she was
shifted to KLE Hospital, Belagavi. Furher, she was admitted as
an indoor patient from 2.6.2015 to 8.6.2015.

4. The petitioner contended that, prior to the accident,
she was hale and healthy and aged about 27 years, was doing
tailoring work and used to earn Rs.15,000/-p.m. Because of the
injuries, she suffered permanent physical disability and she is
not in a position to do any work. Accordingly, the petitioner
filed a claim petition claiming compensation before the
Tribunal.

5. On filing of the petition, notice has been issued to
respondents Nos.1 and 2 appeared through their respective
counsel. Respondent No.1 did not file written statement of
objections.

6. Respondent No.2 filed written statement denying
the entire averments made in the claim petition and contended
that respondent No.1 is alone liable for the accident as he has
violated the terms and conditions of the policy. It was further
contended that rider of the motorcycle i.e. respondent No.1
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023


was not holding valid DL at the time of the accident. Hence, the
respondent No.2 is not liable to pay any compensation to the
petitioner. Thus, prayed for dismissal of the petition.

7. Before the Tribunal, the petitioner herself examined
as PW1 and doctor is examined as PW2 and, marked the
documents at Ex.P1 to P21. An official of respondent No.2 was
examined as RW1 and the document got marked as Ex.R1.

8. On hearing the arguments, the Tribunal partly
allowed the claim petition awarding compensation to the
petitioner under the following heads:
Sl. Amount in
Heads
No. Rs.
1 Towards simple/grievous 10,000/-
injureis and pain and suffering
2 Medical expenses 27,630/-
3 Loss of income during 1,000/-
treatment (7 days)
Total 38,630/-


9. The Tribunal further held that respondent No.1 is
liable to pay compensation to the petitioner with interest at the
rate of 6% per annum from the date of petition till realization.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023



10. Dissatisfied with the impugned judgment and
award, the petitioner preferred this appeal.

11. The learned Advocate Mr.Ashok Naik appearing for
the petitioner argued that the Tribunal not awarded any
compensation under the head of loss of future income, though
the petitioner has suffered a disability and that the Tribunal
also erred in not saddling the liability in paying compensation
on the insurance company, who is respondent No.2 before the
Tribunal. Further, that the vehicle is covered under package
policy and the insurance company is liable to pay the
compensation; The Tribunal ought to have awarded
compensation with interest at the rate of 9% per annum, but
has awarded interest on the compensation amount at the rate
of 6% per annum, which is on the lower side.

12. The learned Advocate, Mr. M. K. Soudagar,
appearing for the Insurance Company of the Motorcycle bearing
reg. No.KA-23/X-6958, submitted that in this case, no charge
sheet has been filed and no any document is produced to show
that the accident occurred due to the rash and negligent riding
of the rider of the motorcycle. Furthermore, that the rider of
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023


the motorcycle was not holding valid and effective driving
licence at the time of the accident. Hence, the insurance
company is not liable to pay the compensation. Accordingly,
prays for dismissal of the appeal.

13. On hearing the learned counsel for both the parties
and on perusal of the material available on record, the following
points would arise for consideration:

i) Whether the petitioner is entitled for
enhancement of the compensation as prayed?

ii) What order?

14. According to the petitioner, on 02.06.2015, she was
proceeding on a motorcycle bearing reg.No.KA-23/X-6958 with
her husband. The respondent No.1 rode the motorcycle in a
rash and negligent manner, resulted in this accident and no
other vehicle is involved. According to her, she had taken first
aid treatment at CPR Hospital, Kolhapur, then she was shifted
to KLE Hospital, Belagavi, where she was treated as indoor
patient from 02.06.2015 to 08.06.2015 and produced the
medical bills to show the expenses.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023



15. It is pertinent to note that according to the
petitioner, she has sent the complaint through post on
12.06.2015 to the PSI, Kadoli Police, Kolhapur and also
Superintendent of Police, Kolhapur City, Maharashtra State.
The copy of the complaint is marked as Ex.P1 and the copy of
the acknowledgment is marked as Ex.P2. Aadhar card of the
petitioner is marked as Ex.P20, on perusal if which clearly
indicates that the petitioners ordinarily resides at Belagavi. The
Ex.P16 is a School Leaving Certificate issued by the
Headmaster, Saundatti and Ex.P18 indicates that she pursued
her education in Belagavi District.

16. Since the accident occurred in the State of
Maharashtra, she has to prove, where the petition should be
filed. With regard to the said aspect, the provision of Section
166(2) of the Motor Vehicles Act, 1988 reads as under:
“ 166. Application for compensation:
(1) xxxx xxxx xxxx
(2) Every application under sub-section(1) shall be
made, at the option of the claimant, either to the Claims
Tribunal having jurisdiction over the area in which the
accident occurred or to the claims Tribunal within the
local limits of whose jurisdiction the claimant resides or
carries business or with the local limits of whose
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023


jurisdiction the defendant resides, they shall be in such
form and contain such particulars as may be
prescribed. ”

17. A reading of the aforesaid provision makes it very
clear that the petitioner can maintain the petition before the
Tribunal, Belagavi. Thus, the Tribunal has got jurisdiction to
adjudicate the matter.

18. It is pertinent to note that the petitioner has not
pursued her complaint. There is no material before the Court to
show action of police on her complaint and there is no material
to show whether the police have filed any report before any
Court. She had produced the medical records to show that she
treated at KLE Hospital, Belagavi. Except the oral evidence,
nothing material evidence available before the Court to show
that the respondent No.1 was riding the motorcycle in a rash
and negligent manner and caused the accident. The petitioner
has not bothered to collect the FIR or any other prosecution
papers. In her cross examination, she has admitted that she
has not received any copy of the FIR or charge sheet. In that
light, there is no material evidence available before the Court to
hold that respondent No.1 rode the motorcycle in a rash and
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023


negligent manner and caused the accident on 02.06.2015, due
to which, the petitioner has sustained an injury. However, the
Tribunal by looking into the medical records awarded a
compensation of Rs.38,630/-, fixing the liability on respondent
No.1 to pay the compensation. This Court is of the opinion that
there is no reason to interfere with the said finding.

19. The learned advocate for the petitioner contended
that the Tribunal has not awarded compensation under the
head of “loss of future income”. In instant case no material has
been placed before the Court except the evidence of PW2, who
issued only Disability Certificate and has no treatment records,
Tribunal instead of dismissing the claim petition awarded some
compensation under the head of medical expenses and pain
and suffering. This Court does not find any reason to consider
the appeal and the grounds urged by the petitioner, as it is a
prima facie, the petitioner failed to prove the rash and
negligent riding of the rider of the motorcycle with material
evidence. Accordingly, point No.(i) is answered in the
negative .
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026

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HC-KAR
NC: 2026:KHC-D:16536
MFA No. 103989 of 2023


CNR: KAHC020099522023



20. Regarding Point No.(ii): In view of the findings
on point No.(i), this Court proceeds to pass the following:
ORDER
The appeal filed by the petitioner is dismissed.





(K.G.SHANTHI)
JUDGE


JTR
List No.: 1 Sl No.: 58
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026