Karnataka High Court
Nagarathna vs A Madheshwaran on 19 November, 2025
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NC: 2025:KHC-D:15852
MFA No. 102065 of 2016
C/W MFA No. 102070 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 19TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102065 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102070 OF 2016
IN M.F.A.NO.102065/2016
BETWEEN:
NAGARATHNA
W/O. SIDDAPPA SOMAPUR,
AGE: 23 YEARS, OCC: COOLIE,
R/O: OJANALLI,
TQ & DIST: KOPPAL-583231.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
GIRIJA A. 1. A MADHESHWARAN
BYAHATTI
S/O. ARTHANARI,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH COURT
OF KARNATAKA
AGE: 52 YEARS,
OCC: DRIVER OF LORRY
DHARWAD BENCH
DHARWAD
NO.TN-52/1755,
R/O: NAMAGIRIPET,
TQ: RASIPURAM,
DIST: NAMAKKAL (T.N.)-637300.
2. S. MURUGESAN
S/O. M. SUBRAMANI,
AGE: 48 YEARS,
OCC: OWNER OF LORRY
NO.TN-52/1755,
POOCHAKADU,
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NC: 2025:KHC-D:15852
MFA No. 102065 of 2016
C/W MFA No. 102070 of 2016
HC-KAR
MORUR WEST,
SHANKARI RS,
POST: SHANKARI,
TQ: SALEM,
DIST: SALEM (T.N)-637301.
3. LEGAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
BRANCH OFFICER,
V A KALABURGI SQUARE,
DESAI CROSS,
DESHPANDE NAGAR, HUBBALLI,
TQ: HUBBALLI,
DIST: DHARWAD-580001.
4. HANUMATHA
S/O. YAMANAVVA WALMIKI,
AGE: 48 YEARS,
OCC: OWNER OF THE LORRY
BEARING NO.KA-37/A-1035,
R/O: CHILLAVADAGI,
TQ & DIST: KOPPAL-583231.
5. THE MANAGER LEGAL,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR,
S & S CORNER BUILDING,
PLOT NO.48, HOSPITAL ROAD,
(BOWRING & LADY CURZON HOSPITAL)
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R3;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2, R4 & R5 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
1988 PRAYING TO ALLOW THIS APPEAL BY AWARDING THE
COMPENSATION OF RS.6,90,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL
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NC: 2025:KHC-D:15852
MFA No. 102065 of 2016
C/W MFA No. 102070 of 2016
HC-KAR
DATED 18-02-2016 IN MVC NO.37/2013, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN M.F.A.NO.102070/2016
BETWEEN:
MALA D/O. SHIVAMURTHEPPA METI,
AGE 23 YEARS, OCC: COOLIE,
R/O: OJANALLI, TQ: & DIST: KOPPAL.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. A MADHESHWARAN
S/O. ARTHANARI,
AGE: 52 YEARS,
OCC: DRIVER OF LORRY
NO.TN-52/1755,
R/O: NAMAGIRIPET,
TQ: RASIPURAM,
DIST: NAMAKKAL (T.N.).
2. S. MURUGESAN
S/O. M. SUBRAMANI,
AGE: 48 YEARS,
OCC: OWNER OF LORRY
NO.TN-52/1755,
POOCHAKADU,
MORUR WEST,
SHANKARI RS,
POST: SHANKARI,
TQ: SALEM,
DIST: SALEM (T.N).
3. LEGAL MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
BRANCH OFFICER,
V A KALABURGI SQUARE,
DESAI CROSS,
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NC: 2025:KHC-D:15852
MFA No. 102065 of 2016
C/W MFA No. 102070 of 2016
HC-KAR
DESHPANDE NAGAR, HUBBALLI,
TQ: HUBBALLI,
DIST: DHARWAD.
4. HANUMANTHA
S/O. YAMANAVVA WALMIKI,
AGE: 48 YEARS,
OCC: OWNER OF THE LORRY
BEARING NO.KA-37/A-1035,
R/O: CHILLAVADAGI,
TQ & DIST: KOPPAL.
5. THE MANAGER LEGAL,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR,
S & S CORNER BUILDING,
PLOT NO.48, HOSPITAL ROAD,
(BOWRING & LADY CURZEN HOSPITAL)
SHIVAJI NAGAR, BENGALURU.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R3;
SRI. S.K. KAYAKAMATH, ADVOCATE FOR R5;
NOTICE TO R1 DISPENSED WITH;
NOTICE TO R2 & R4 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
1988 PRAYING TO ALLOW THIS APPEAL BY AWARDING THE
COMPENSATION OF RS.6,90,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL
DATED 18-02-2016 IN MVC NO.42/2013, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2025:KHC-D:15852
MFA No. 102065 of 2016
C/W MFA No. 102070 of 2016
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) While MFA 102065 of 2016 is filed by the claimant in MVC 37 of 2013, MFA 102070 of 2016 is filed by the claimant in MVC 42 of 2013. Both the cases stood pending before the Additional Motor Accident Claims Tribunal, Koppal and were disposed of through common order dated 18.02.2016.
2. Heard Sri Chandrasekhar M. Hosamani learned counsel for the appellants in both the appeals, Sri Suresh S. Gundi, learned counsel for respondent No.3 in MFA 102065 of 2016 and Sri Nagaraj C. Kolloori, learned counsel for respondent No.3 in MFA 102070 of 2016.
3. Arguing the matter, learned counsel for the appellants contends that both the claim petitions stood dismissed on the ground that the appellants failed to produce any proof with regard to the injuries they sustained. Learned counsel states that the appellant in MFA -6- NC: 2025:KHC-D:15852 MFA No. 102065 of 2016 C/W MFA No. 102070 of 2016 HC-KAR 102065 of 2016, which arises out of the order in MVC 37 of 2013, produced Ex.P4 wound certificate and likewise the appellant in MFA 102070 of 2016 who is the claimant in MVC 42 of 2013 produced Ex.P158 wound certificate which clearly discloses that they sustained injuries and also the nature of injuries they sustained. Learned counsel thereby seeks to grant compensation which the appellants are entitled to in each case.
4. Sri Suresh S Gundi as well as Sri Nagaraj C. Kolloori collectively submits that the Court, on taking into consideration Ex.P4 and Ex.P158, may dispose of the matters.
5. As per the contents of Ex.P4 the appellant in MFA 102065 of 2016 Ms. Nagarathna sustained multiple lacerated wounds on right upper limb. As per the contents of Ex.P158 wound certificate, the appellant in MFA 102070 of 2016 Ms. Mala sustained abrasion over face and right upper limb with lower limb tear. The injuries sustained by -7- NC: 2025:KHC-D:15852 MFA No. 102065 of 2016 C/W MFA No. 102070 of 2016 HC-KAR both the appellants as per the contents of the wound certificates they relied upon, are simple in nature. The tribunal giving a finding that they failed to produce any proof that they sustained injuries, dismissed their claim petitions. However considering the documents produced, this Court is of the view that both the appellants are entitled to compensation for the injuries they sustained in the road traffic accident.
6. Considering the fact that they sustained only simple injuries and no other proof is produced in respect of the treatment taken and allied facts, this Court is of the view that in each of the cases the claimants i.e., the appellants herein are entitled to a sum of Rs.10,000/- each, which includes the compensation towards 'pain and suffering' and 'conveyance charges'. Thus both the appeals are disposed of with the following:
ORDER
(i) Both the appeals are allowed in part. -8-
NC: 2025:KHC-D:15852 MFA No. 102065 of 2016 C/W MFA No. 102070 of 2016 HC-KAR
(ii) The appellants in both the appeals are entitled to compensation of Rs.10,000/- each.
(iii) The amount granted as compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.
(iv) Respondent No.3 is directed to deposit the amount awarded along with interest within a period of 8 weeks from the date of receipt of certified copy of this judgment.
(v) On such deposit, the appellants are permitted to withdraw the deposited amount.
Sd/-
(CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 2