THE BRANCH MANAGER vs SHRI SOMESH BASAPPA DHAVALE

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 13 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO. 100802 OF 2023 (MV-I)

C/W

MISCELLANEOUS FIRST APPEAL NO. 101737 OF 2023 (MV-I)

MISCELLANEOUS FIRST APPEAL NO. 104738 OF 2023 (MV-I)


IN MFA No. 100802/2023
BETWEEN:

THE BRANCH MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
ND
1732, 2 FLOOR PRABHU BUILDING,
RAMDEV GALLI, BELAGAVI-590001.
…APPELLANT
(BY SRI. SURESH S. GUNDI, ADVOCATE)

AND:

1. SHRI. SOMESH BASAPPA DHAVALE
AGE: 38 YEARS,
OCC: WEAVER (NOW NIL),
R/O. VAKKUND,
TQ: BAILHONGAL,
DIST: BELAGAVI-591102.

2. SHRI. PRAVEEN SHIVAPPA DHAVALE,
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O. VAKKUND
TQ: BAILHONGAL,
DIST: BELAGAVI-591102
(OWNER OF THE HERO PASSION PRO
MOTORCYCLE BEARING
NO.KA-24/R-0072)
…RESPONDENTS
(BY SRI. H.R. LATUR, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH)

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023



THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO SET ASIDE/MODIFY THE
JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN MVC
NO.641/2020 BY THE COURT OF SENIOR CIVIL JUDGE AND ADDL.
MACT, BAILHONGAL.

IN MFA NO. 101737/2023
BETWEEN:

THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
ND
1732, 2 FLOOR PRABHU BUILDING,
RAMDEV GALLI,
BELAGAVI-590001.
...APPELLANT
(BY SRI. SURESH S. GUNDI, ADVOCATE)

AND:

1. SHRI. MANJUNATH BASAPPA BUCHADI
AGE: 43 YEARS,
OCC: AGRICULTURE COOLIE (NOW NILL),
R/O. VAKKUND VILLAGE,
TQ: BAILHONGAL,
DIST: BELAGAVI-591102.

2. SRI. PRAVEEN SHIVAPPA DHAVAL
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O. VAKKUND VILLAGE,
TQ: BAILHONGAL,
DIST: BELAGAVI-591102
OWNER OF THE HERO PASSION
PRO MOTORCYCLE BEARING
NO.KA-24/U-0072.
...RESPONDENTS
(BY SRI. HANAMANT K. LATUR, ADVOCATE;
NOTICE TO R2 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 01.08.2022 PASSED IN MVC NO.642/2020 BY
THE COURT OF SENIOR CIVIL JUDGE AND AMACT, BAILHONGAL.

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


IN MFA NO. 104738/2023
BETWEEN:

SHRI. SOMESH S/O. BASAPPA DHAVALE,
AGE: 38 YEARS, OCC: WEAVER, NOW NIL,
R/O: VAKKUND, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)

AND:

1. SHRI. PRAVEEN S/O. SHIVAPPA DHAVALE,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: VAKKUND, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.

2. THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
ND
1732, 2 FLOOR, PRABHU BUILDING,
RAMDEV GALLI,
BELAGAVI-590001.

...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, PRAYING TO ENHANCE THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD
PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDL.
MACT, BAILHONGAL, IN MVC NO.641/2020 DATED 01.08.2022,
IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS HAVING BEEN HEARD AND RESERVED ON
23.09.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS
DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE K.G.SHANTHI

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


CAV JUDGMENT

Aggrieved by the separate judgments and awards dated
01.08.2022 passed by the Senior Civil Judge and Additional
1
MACT, Bailhongal in MVC No.641/2020 and MVC No.642/2020,
the respondent No.2/Insurance Company before the Tribunal in
both the claim petitions, has preferred MFA No.100802/2023
and MFA No.101737/2023 respectively, challenging the
quantum of compensation awarded by the Tribunal.

2. The petitioner before the Tribunal in MVC
No.641/2020 has preferred MFA No.104738/2023, seeking
enhancement of the compensation awarded by the Tribunal.

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

4. Brief facts of the case are that on 10.02.2020 at
about 1.00 p.m., the petitioners were proceeding towards
Bailhongal on Hero Passion Pro motorcycle bearing registration
2
No.KA-24/U-0072 . Manjunath was riding the motorcycle and
the Somesh was the pillion rider. When they reached near

1
For short, ‘the Tribunal’
2
For short, ‘motorcycle’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


Anigol-Vakkund road, the rider rode the motorcycle in a high
speed, rash and negligent manner without observing the traffic
rules and regulations and suddenly lost his control over his
motorcycle and fell down on the side of the road and caused
accident. Due to the said impact, the petitioner and the said
Manjunath sustained grievous injuries.

5. The petitioner in MVC No.641/2020 contended that,
prior to the accident, the petitioner was hale and healthy and
doing power loom business and was earning Rs.12,00,000/- per
annum and maintaining his family. Due to the accidental
injuries, petitioner has suffered permanent physical disability
and he has lost his earning capacity. The petitioner has spent
huge amount towards medical expenses. Accordingly, the
petitioner filed petition claiming compensation before the
Tribunal.

6. The petitioner in MVC No.642/2020 contended that,
prior to the accident, he was hale and healthy and doing
agriculture coolie work and was earning Rs.3,200/- per month,
and maintained his family. Due to the accidental injuries, he
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


has suffered permanent physical disability and lost his earning
capacity.

7. On filing of the petitions, notices have been issued
to the respondents. Respondents appeared through their
counsel and filed their separate objections to the claim
petitions.

8. Respondent No.1 who is the owner of the
motorcycle contended that the allegations made in the claim
petitions against him are false, frivolous and baseless and the
same is not maintainable. He further denied the age, income
and occupation of the petitioner and also injuries sustained,
treatment taken, medical expenses incurred and the manner of
accident.

9. Respondent No.2/Insurance Company denied the
age, income and occupation of the petitioner and injuries
sustained, treatment taken, medical expenses incurred and also
manner of accident. It was contended that the petitions are
against law, evidence and procedure. It was further contended
that the rider of the motorcycle was not holding effecting
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


driving license at the time of accident and the pillion rider is not
permitted to sit on the said motorcycle as there is no premium
received. The liability of the Insurance Company is subject to
the validity of permit of the vehicle, driving license of rider, RC
book and terms and conditions of the policy and provisions of
MV Act and Rules, hence the Insurance Company is not liable to
pay compensation to the petitioners.

10. Before the Tribunal, the petitioner/Somesh himself
examined as PW1 and two witnesses shave been examined as
PW2 and PW3, and got marked 17 documents as Exs.P.1 to
P.17. On behalf of respondent No.2, one witness has been
examined as RW1 and got marked Ex.R1 authorization letter.

11. On hearing the argument, the Tribunal partly
allowed the claim petitions and awarded compensation under
the following heads:
In MVC No.641/2020:
Sl.
Heads Amount in Rs.
No.
1 Pain and suffering 50,000/-
2 Medical expenses 64,001/-
3 Future medical expenses 35,000/-
4 Towards diet, food, 3,000/-
nourishment, attendant and
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


conveyance charges
5 Towards loss of future earning
capacity due to permanent
disability
10,36,800/-
6 Loss of income during laid up 60,000/-
period
7 Towards loss of amenities and 60,000/-
enjoyment in life
TOTAL 13,08,801/-
In MVC No.642/2020:
Sl.
Heads Amount in Rs.
No.
1 Pain and suffering 15,000/-
2 Medical expenses 10,800/-
3 Loss of future earning capacity 57,600/-
due to permanent disability
TOTAL 83,400/-


12. The Tribunal further held that the respondents No.1
and 2 are jointly and severally liable to pay compensation to
the petitioners and directed the respondent No.2/Insurance
Company to deposit the compensation amount with interest at
the rate of 9% within 30 days from the date of the order and
indemnify the respondent No.1 owner in payment of
compensation.

13. Dissatisfied with the impugned judgment and award
in MVC No.641/2020, the petitioner as well as the Insurance
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


Company preferred the appeals in MFA Nos.104738/2023 and
100802/2023 respectively. Further, being dissatisfied with the
judgment and award in MVC No.642/2020 the Insurance
Company preferred an appeal in MFA No.101737/2023.

14. The petitioner in MVC No.642/2020 has not
preferred any appeal challenging the impugned judgment and
award.

15. Learned counsel for the Insurance Company in MVC
No.642/2020 argued that the Tribunal has committed an error
in coming to the conclusion that the Insurance Company is
liable to pay the compensation within 30 days from the date of
judgment. It is further argued that the Tribunal failed to
appreciate the principles of law, wherein the petitioner filed a
claim petition under Section 163A of the Motor Vehicles Act
1988. It is argued that the petitioner cannot claim the
compensation as there is no interference by any other
motorcycle or any tortfeasor. It is argued that the petitioner is
only being the sole tortfeasor himself cannot claim
compensation against the Insurance Company as he has
stepped into the shoes of the owner. Accordingly, prays for
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


setting aside the impugned judgment and award passed by the
Tribunal.

16. Learned counsel for the Insurance Company in MVC
No.641/2020 argued that the Tribunal has wrongly considered
the income of the petitioner at Rs.30,000/- per month without
any document and awarded interest at the rate of 9% per
annum on the compensation amount.

17. Learned counsel appearing for the petitioner in MVC
No.641/2020 argued that the Tribunal has awarded
compensation under the head of loss of future earning capacity
by considering the income of the petitioner at Rs.30,000/- per
month and assessed the disability to the extent of 18% though,
the fracture was mal-united and the doctor assessed the
disability to the extent of 20% to left upper limb and 35% to
the left limb in all 55% disability to the particular limbs. It is
argued that the petitioner was earning Rs.80,000/- per month
from weaving work so, the Tribunal ought to have taken the
income of the petitioner at Rs.80,000/- per month. Further it is
argued that the compensation awarded by the Tribunal under
the other heads is on the lower side. Further, the Tribunal has
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


not considered 40% of the income towards the future
prospects. Accordingly, prays for enhancement of the
compensation.

18. Learned counsel for the Insurance Company in
response argued that the petitioner is not entitled for 40%
future prospects. Accordingly, prays for dismissal of the appeal.

19. 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 in MVC No.641/2020
proves that the compensation awarded by
the Tribunal is inadequate and it deserves to
be modified?

(ii) Whether the Tribunal is justified in awarding
compensation to the petitioner in MVC
No.642/2020?

(iii) What order?

20. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


Point No.(ii) : In the negative
Point No.(ii) : As per the final order, for the
following:

21. Regarding Point No.(i): According to the
petitioner/Somesh, on 10.02.2020 at about 01.00 p.m. they
were proceeding in a motorcycle and Manjunath Basappa
Buchadi was riding the motorcycle and the petitioner was the
pillion rider of the motorcycle. According to the petitioner, when
the motorcycle reached near Anigol-Vakkund road, the rider of
the motorcycle rode it in a rash and negligent manner with high
speed without following the traffic rules and lost his control
over the motorcycle and fell down on the road which resulted
the rider and the pillion rider both sustained injuries.

22. The petitioner Somesh Basappa Dhavale sustained
injuries and he was shifted to Malaprabha Multi Specialty
Hospital, Bailhongal, wherein he was treated as an inpatient for
15 days and undergone surgical treatment. According to him,
prior to the accident he was hale and healthy and a waiver by
profession, but due to the accidental injuries he was not in a
position to work as earlier. In order to prove the accident, the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


petitioner had produced the documents which marked as
Exs.P1 to P7, certified copy of the complaint, restatement of
the complainant, FIR, crime details form, IMV report, charge
sheet and wound certificate.

23. The record reflects that based on the complaint, the
police have investigated the matter and filed a charge sheet
against Manjunath Basappa Buchadi. According to the
petitioner, the compensation awarded by the Tribunal to the
tune of Rs.13,08,801/- is on the lower side. But, the Insurance
Company taken up a contention that the Tribunal has awarded
exorbitant compensation and assessed the income of the
petitioner at Rs.30,000/- per month without any proof, which is
on the higher side.

24. PW1 in his evidence deposed that he was earning
Rs.80,000/- per month and he was weaving the sarees since
many years and supplying the same to PW3 and was earning
Rs.80,000/- per month. The Tribunal considered his evidence.
Further the petitioner in support of his evidence, examined PW3
by name Shubash Peerappa Gaddi. But, due to the accidental
injuries, the petitioner was not in a position to work and earn.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023



25. It is up to the petitioner to prove his income.
According to him, he was earning Rs.80,000/- per month. In
support of his evidence, he examined the witness as PW3.
According to the petitioner, PW3 was purchasing the sarees
from him. PW3 by an affidavit stated that the petitioner was
supplying the sarees to him to the tune of Rs.80,000/-. PW1
the petitioner in his evidence deposed that since 1998 he was
doing saree weaving business. But, PW3 in his evidence
deposed that the he came to know about the petitioner since 5
- 6 years back and he himself and the petitioner belong to the
same community.

26. PW3 further deposed that since, 5 years the
petitioner is supplying the sarees to him. PW3 further deposed
that he has not supplied any raw material to the petitioner to
weave the saree and he himself paying the tax and further
deposed that he has not issued any receipt to the petitioner for
the purchase of saree from him. PW3 in his cross-examination,
he deposed that whenever he sell the sarees, he used to issue
receipts to the suppliers.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023



27. It is pertinent to note that, though the petitioner
has stated that he was earning Rs.80,000/- per month, he
deposed that he has not paying income tax. Further the
petitioner has not produced any documents to show that he has
purchased the raw material to weave the saree. There is no
material evidence placed before the Court to show that how
many sarees he has weaved per day or per month. The
petitioner has produced one receipt issued by PW3 which
marked as Ex.P11.

28. PW1 clearly deposed that he has obtained the
Ex.P11 receipt just prior to two months from the date of his
evidence. He has not produced any documents to show that
since 5 - 6 years he was weaving the sarees prior to the
accident. He was since 5 to 6 years prior to the accident and
supplying the sarees to PW3. Further PW3 deposed that, he has
not issued any receipts to PW1 for having purchase of sarees
from the petitioner. But PW3 deposed that, he was paying tax
and he do not know the GST number of the petitioner. Further
PW3 admitted that, at the request of petitioner he had issued
Ex.P11. Ex.P17 is the registration certificate of PW3. The said
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


document is no way helpful for the petitioner to prove that he
was supplying the sarees to PW3.

29. In this case, the petitioner has not produced any
material evidence to prove his income. If really the petitioner
was weaving the sarees and supplying the sarees to PW3 as he
stated, definitely he could have produced some documents to
show that he has purchased the raw materials for weaving the
sarees. Nothing material evidence placed before the Court to
believable that the petitioner was supplying the sarees to PW3
and an earning Rs.80,000/- per month. Though there is no
material evidence placed before the Tribunal to make believe
that the petitioner was earning Rs.80,000/- per month, the
Tribunal assessed the income of the petitioner at Rs.30,000/-
without any basis.

30. When the income of the petitioner is not proved
with sufficient material evidence, it is upto the Tribunal to
follow the guidelines issued by the Karnataka Legal Services
Authority to assess the income.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
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MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023



31. The accident occurred in the year 2020. So, as per
the guidelines issued by the Karnataka Legal Services
Authority, the income of the petitioner is to be taken at
Rs.13,750/- per month. The income of the petitioner taken by
the Tribunal at Rs.30,000/- per month is exorbitant.

32. At the time of accident, the petitioner was aged 35
years. So, i n view of the decision of the Hon’ble Apex Court in
Sarla Verma and others V. Delhi Transport Corporation
3
and another , the applicable multiplier would be “16”.

33. PW2 the doctor has assessed the disability to the
extent of 35% to the left lower limb and 20% to the left upper
limb. The record reflects that the petitioner has sustained
fracture of shaft tibia left leg and fracture of triquetrum left.
PW2 the doctor assessed the disability of the petitioner and
issued a certificate as per Ex.P8. PW2 the doctor deposed that
at the time of assessing the disability, the petitioner
complained difficulties in squatting, sitting cross leg and
grasping. The Tribunal by considering the medical records
assessed the disability to the extent of 18% to the whole body.

3
2009 ACJ 1298
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


This Court is of the opinion that the disability assessed by the
Tribunal to the extent of 18% is reasonable.

34. Accordingly, the petitioner is entitled for
compensation under the head of “loss of future income” as
under:
Rs.13,750/- X 12 X 16 X 18% = Rs.4,75,200/-

35. The petitioner suffered fracture of shaft tibia left leg
and fracture of triquetrum left. The Tribunal has awarded
compensation of Rs.50,000/- under the head of “pain and
suffering”. This Court is of the opinion that, it has been
enhanced to Rs.65,000/-.

36. The Tribunal has rightly awarded compensation of
Rs.64,001/- under the head of “medical expenses”, and also
awarded Rs.35,000/- under the head of “future medical
expenses”, which does not call for any interference by this
Court.

37. The Tribunal has awarded compensation of
Rs.3,000/- under the head of “diet, food, nourishment,
attendant and conveyance charges”. This Court is of the opinion
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
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MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


that, it is just and reasonable to enhance the same to
Rs.10,000/-.

38. The petitioner has sustained fracture. At least four
months’ time is required for him to recover. During that period,
he was not in a position to work. So, compensation awarded by
the Tribunal under the head of “loss of income during laid up
period” is enhanced to Rs.40,000/-.

39. The petitioner has sustained fracture which
definitely affects his comforts and enjoyment. The Tribunal has
awarded compensation of Rs.60,000/- under the head of “loss
of amenities”, which is adequate and does not call for any
interference by this Court.

40. In all compensation is awarded under the following
heads:

Sl. Amount in
Heads
No. Rs.
1 Loss of future income 4,75,200/-
2 Towards pain and sufferings. 65,000/-
3 Loss of income during laid up 40,000/-
period
4 Towards medical expenses 64,001/-
5 Towards future medical 35,000/-
expenses
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


6 Towards diet, food,
nourishment, attendant and
conveyance charges
10,000/-
7 Loss of amenities 60,000/-
TOTAL 7,49,201/-


41. Accordingly, the petitioner is entitled to receive
compensation of Rs.7,49,201/- as against Rs.13,08,801/- as
awarded by the Tribunal.

42. In view of the above discussion, point No.(i) is
answered partly in the affirmative and the contention taken
up by the learned counsel for the petitioner that the income
assessed by the Tribunal is on the lower side, is not
sustainable.

43. Regarding point No.(ii): It is the definite
contention of the Insurance Company that the petitioner in MVC
No.642/2020 himself was the rider of the motorcycle who rode
the motorcycle in a rash and negligent manner and lost his
control over the vehicle and fell down and sustained injuries.

44. The record reflects that the rider of the motorcycle
filed a petition against the owner of the motorcycle and also
against the Insurance Company. In this case, only single
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


vehicle is involved in the accident. The petitioner/rider himself
rode the motorcycle in a rash and negligent manner as a result,
the accident occurred. He filed a petition under Section 163A of
the MV Act against the owner and insurer of the motorcycle.
When the petitioner himself stepped into the shoes of the
owner of the motorcycle, he cannot maintain a petition claiming
compensation under Section 163A of the MV Act. The petitioner
himself is the sole tortfeasor.

The Hon’ble Apex Court, in Oriental Insurance
45.
4
Company Limited v. Jhuma Saha , has observed that a
person who stepped into the shoes of the owner of the vehicle
cannot maintain a claim against the owner and insurer of the
said vehicle under the provisions of the MV Act, as such person
cannot be treated as a third party.

46. In this case, the Tribunal has awarded
compensation without appreciating the material on record. It is
pertinent to note that the petitioner had produced all the
documents before the Tribunal. It is not the contention of the
petitioner that two vehicles are involved in the accident. So, the

4
(2007) 9 SCC 263
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

- 22 -
HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


finding of the Tribunal is against the provisions of law. But, the
Tribunal has awarded total compensation of Rs.83,400/- to the
petitioner, which is liable to be satisfied.

47. Accordingly, point No.(ii) is answered in the
affirmative.

48. Regarding point No.(iii): In view of the findings
on points No.(i) and (ii), this Court proceeds to pass the
following:
ORDER

(i) The appeal filed by the Insurance Company
in MFA No.101737/2023 (MVC
No.642/2020) is dismissed. Consequently,
the impugned judgment and award passed
by the Tribunal is confirmed.


(ii) The appeal filed by the Insurance Company
in MFA No.100802/2023 (MVC
No.641/2020) is allowed.


(iii) The appeal filed by the petitioner in MFA
No.104738/2020 (MVC No.641/2020) is
allowed in part.


(iv) The impugned judgment and award passed
by the Tribunal is modified. The petitioner is
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

- 23 -
HC-KAR
NC: 2026:KHC-D:17002
MFA No. 100802 of 2023
C/W MFA No. 101737 of 2023
MFA No. 104738 of 2023


CNR: KAHC020033542023


entitled to receive compensation of
Rs.7,49,201/- as against Rs.13,08,801/-
awarded by the Tribunal.


(v) Respondent No.2/Insurance Company shall
deposit the 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) The excess amount, if any, is ordered to be
transmitted to the Tribunal forthwith.


(vii) Draw modified award accordingly.


(viii) Registry to transmit the Trial Court Records
forthwith.



(ix) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are accordingly
disposed of.




(K.G.SHANTHI)
JUDGE

SMM
List No.: 1 Sl No.: 60
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026