SHRI SURESH S/O KALLAPPA MADDIMANI vs THE CONTROLLER

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE USHARANI

MISCELLANEOUS FIRST APPEAL NO. 103454 OF 2024 (MV)

BETWEEN:

SHRI SURESH S/O KALLAPPA MADDIMANI,
AGE: 52 YEARS, OCC. BUSINESS,
R/O. C/O. KALLAPPA SHIVARAYAPPA MADDIMANI,
ST
R/O. H.NO.173, 1 STAGE,
NEAR FLOWER GARDEN,
RANI CHANNAMMA NAGAR,
BELAGAVI, PIN-590001,
TAL. AND DIST. BELAGAVI.






… APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)

AND:

1. THE CONTROLLER,
NWKRTC HUBLI (DHARWAD DIVISION),
THROUGH THE DEPOT MANAGER,
NWKRTC KHANAPUR DEPOT,
KHANAPUR, PIN-591302.

2. SHRI. UMESH S/O. KALLAPPA MADDIMANI,
AGE: 58 YEARS, OCC. BUSINESS,
ST
R/O. PLOT NO.173/1 STAGE,
RANI CHANNAMMA NAGAR,
BELAGAVI, PIN-590001,
TQ. AND DIST. BELAGAVI.

3. THE DIVISIONAL MANAGER,
UNITED INSURANCE COMPANY LTD.,
P.B. NO.1568, “SITA SMRUTI”,
MARUTI GALLI, BELAGAVI,
PIN-590001, TQ. AND DIST. BELAGAVI.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1)







Digitally
signed by
YASHAVANT
NARAYANKAR
Date:
2026.10.14
10:44:10
+0530
YASHAVANT
NARAYANKAR

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024


THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, TO ENHANCE THE COMPENSATION BY
MODIFYING THE JUDGMENT DATED 28.12.2022 PASSED IN MVC
NO.200/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC
KHANAPUR AT KHANAPUR, IN THE INTEREST OF JUSTICE AND
EQUITY.

THIS APPEAL, COMING FOR FINAL HEARING, ON THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE USHARANI

ORAL JUDGMENT


1. This appeal has been filed by the appellant-claimant
under Section 173(1) of the Motor Vehicles Act, 1988 (for short
‘the Act’) seeking enhancement of compensation awarded in
MVC No.200/2014 dated 28.12.2022 passed by the Senior Civil
Judge and Additional M.A.C.T., Khanapur (hereinafter referred
to as ‘the Tribunal’).

2. There is no dispute with regard to the fact of
accident and injuries suffered by the claimant.

3. The Tribunal, after considering the oral and
documentary evidence produced by the parties, awarded
compensation as follows:

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024


Amount awarded
Sl. No. Heads of compensation
by the Tribunal
1. Loss of future income ₹78,000/-
2. Pain and suffering ₹5,000/-
3. Medical expenses ₹15,000/-
Total ₹98,000/-


4. Learned counsel for the appellant-claimant
contends that the petition has been preferred under Section
163-A of the Act, which provides for compensation on a no-
fault liability. The tribunal has considered the medical records
and also the evidence of doctor, who opined that the claimant
has suffered grievous injuries, based on which the Tribunal
considered disability at 13% and awarded compensation of
₹78,000/- towards loss of future income. Further, learned
counsel relied on the judgment of the Hon’ble Apex Court in the
case of Ramamurthy and others v. Punjab State
1
Electricity Board , and contended that in view of the said
judgement, claimant is entitled to global compensation of
₹2,50,000/- along with interest and benefits available under

1

Criminal Appeal No.7143/2022

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024


section 164 of Motor Vehicles Act (hereinafter referred to as
‘MV Act’).

5. Per contra, learned counsel for the respondent
argued that the accident had occurred on 31.12.2012, whereas
amendment substituting Section 164 of the Motor Vehicles Act,
1988 came into force on 01.04.2022. Hence, the claimant is
not entitled for the benefit sought. Further, learned counsel for
the respondent contended that the Tribunal has correctly
awarded total compensation of ₹98,000/-.

6. Heard the counsel for both the parties and perused
the records.

7. The only question that arises for consideration of
this Court is:
“Whether the claimant is entitled for the
benefit of amended provision of Section
164 of the Motor Vehicles Act, 1988?”


8. In the judgment noted supra , the Hon’ble Apex
Court extended the benefits of Section 164 of MV Act to the
claimants, even though the accident occurred on 12.04.1994
i.e., prior to the substitution of the said provision. The said

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024


provision provides compensation of Rs. 5,00,000/- in case of
death and Rs. 2,50,000/- in case of grievous injuries. The
relevant portion is reproduced here below:
“7. The provisions of Section 140 which formed a
part of Chapter 10 of the Motor Vehicles Act, 1988
were omitted by Act 32 of 2019. Simultaneously,
Chapter 11 was substituted of which Section 164
provides for payment of compensation in the case of
death in the amount of Rs.5 lakhs and in the case
grievous hurt of Rs.2.5 Lakhs.
8. We are inclined to give the appellants the benefit
of the beneficial provisions which have been enacted
by Parliament. Hence, in modification of the order of
the High Court, we direct that the appellants shall be
entitled to an amount of Rs.5 Lakhs as
compensation. However, if the amount of
Rs.50,000/- which has been awarded by the High
Court has already been paid over, the balance (or
the entirety of Rs.5 Lakhs if no amount has been
paid) shall be paid over to the appellants by 30
November 2022.”


9. Further, the coordinate bench of this High Court has
followed the above judgement of the Hon’ble Apex Court in

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024


2 3
the case of Laxmi V/s Durgappa , Siddhappa V/s. Mohan ,
4
Babu V/s. Mallikarjun S Ramadurg , Santosh v/s.
5
Mahesh and Others . In light of the same, I answer the
above point in the affirmative.

ORDER

(i) The appeal is allowed .

(ii) The judgment and decree dated 28.12.2022
passed in MVC No. 200/2014 by the Senior
Civil Judge and Additional M.A.C.T.,
Khanapur is hereby modified.

(iii) The claimant is entitled to compensation of
₹2,50,000/- as against ₹98,000/- awarded
by the Tribunal with interest at the rate of
6% per annum from the date of petition till
realization, excluding the period of delay as
per Order dated 06.01.2026.

2
MFA 105085/2023
3
MFA 102650/2014
4
MFA 101086/2021
5
MFA 100028/2022

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HC-KAR
NC: 2026:KHC-D:16799
MFA No. 103454 of 2024


CNR: KAHC020126672024



(iv) The respondent-Insurance Company shall
deposit the enhanced compensation,
together with accrued interest, before the
jurisdictional Tribunal within a period of
eight weeks from the date of receipt of a
certified copy of this judgment.

(v) Registry to draw modified award
accordingly.



Sd/-
(USHARANI)
JUDGE


YAN,
CT:BCK
LIST NO.: 1 SL NO.: 30