Karnataka High Court
Kedarlingapa S/O Tukaramappa vs Shivappa S/O Thimmappa on 17 October, 2025
-1-
NC: 2025:KHC-D:14093
MFA No. 100385 of 2017
C/W MFA No. 100386 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
M.F.A. NO.100385 OF 2017 (MV-I)
C/W. M.F.A. NO.100386 OF 2017 (MV-I)
IN MFA NO.100385/2017
BETWEEN:
JOTIBA S/O. KEDARLINGAPPA,
AGE: 27 YEARS, OCC: TAILORING, NOW-NIL,
R/O. YENNEKOPPA VILLAGE, TQ. SORABA,
DIST. SHIVAMOGGA, NOW AT: RANEBENNUR,
TQ: RANEBENNUR, DIST. HAVERI-581115.
...APPELLANT
(BY SRI. GIRISH S. HULMANI, ADVOCATE)
AND:
1. SHIVAPPA S/O. THIMMAPPA,
AGE: MAJOR, OCC: BUSINESS,
Digitally signed
by V N
R/O. CHIKKCHOWTI, POST. YENNEKOPPA,
BADIGER
Location: HIGH
TQ. SORABA, DIST. SHIVAMOGGA-577413.
COURT OF
KARNATAKA,
DHARWAD
BENCH 2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD, ENKAY
COMPLEX, KESHWAPUR, HUBBALLI-580023.
...RESPONDENTS
(BY SRI. R. R. MANE, ADV. FOR R2; NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO
CALL FOR RECORDS FROM THE ADDL. SENIOR CIVIL JUDGE AND
AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND
AWARD PASSED BY THE LEARNED JUDGE IN M.V.C.
NO.1371/2014 DTD 01ST OCTOBER 2016 BY SADDLING THE
-2-
NC: 2025:KHC-D:14093
MFA No. 100385 of 2017
C/W MFA No. 100386 of 2017
HC-KAR
LIABILITY TO PAY COMPENSATION ON RESP.NO.02/INSURANCE
COMPANY AND ENHANCE THE COMPENSATION AS PRAYED FOR
AND ETC.
IN MFA NO.100386/2017
BETWEEN:
KEDARLINGAPA S/O. TUKARAMAPPA,
AGE: 60 YEARS, OCC: CYCLE BUSINESS, NOW NIL,
R/O. YENNEKOPPA VILLAGE, TQ: SORABA,
DIST: SHIVAMOGGA, NOW AT: RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI-581115.
...APPELLANT
(BY SRI. GIRISH. S. HULMANI, ADVOCATE)
AND:
1. SHIVAPPA S/O. THIMMAPPA,
AGE: MAJOR, OCC: BUSINESS,
R/O. CHIKKCHOWTI, POST. YENNEKOPPA,
TQ. SORABA, DIST. SHIVAMOGGA-577413.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD, ENKAY
COMPLEX, KESHWAPUR, HUBBALLI-580023.
...RESPONDENTS
(BY SRI. R. R. MANE, ADV. FOR R2; NOTICE TO R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO
CALL FOR RECORDS FROM THE ADDL. SENIOR CIVIL JUDGE AND
AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND
AWARD PASSED BY THE LEARNED JUDGE IN M.V.C.
NO.1370/2014 DTD 01ST OCTOBER 2016 BY SADDLING THE
LIABILITY TO PAY COMPENSATION ON RESP.NO.02/INSURANCE
COMPANY AND ENHANCE THE COMPENSATION AS PRAYED FOR
AND ETC.
THESE APPEALS, COMING ON FOR HEARING ON IA, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:14093
MFA No. 100385 of 2017
C/W MFA No. 100386 of 2017
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI) These appeals are listed for orders. With the consent of the learned Counsels appearing for both side, these appeals are taken up for final disposal.
2. The Claimants in MVC Nos.1370 and 1371 of 2014 have maintained these appeals praying for enhancement of the compensation by modifying the judgment and award dated 01.10.2016 and to saddle the liability of paying the compensation on Respondent No.2.
3. The case papers reveal that learned Additional Senior Civil Judge and AMACT Ranebennur has allowed the claim petitions filed by the appellants herein in part by holding that they are entitled for compensation of Rs.8,540/- and Rs.40,000/- respectively together with interest at the rate of 7.5% p.a. from the date of petitions till its realization. Further, learned MACT held that respondent No.1 is liable to pay the compensation and -4- NC: 2025:KHC-D:14093 MFA No. 100385 of 2017 C/W MFA No. 100386 of 2017 HC-KAR dismissed the petitions against Respondent No.2-United India Insurance Company Ltd.
4. It is the case of the claimants that they had met with a road traffic accident on 13.04.2015 due to actionable negligence on the part of the driver of auto-rickshaw bearing No.KA.15 6838. While answering issue No.2 learned MACT absolved the liability of respondent No.2 on the ground that the driver of the offending vehicle was not holding a valid and effective driving license to drive a passenger auto-rickshaw as on the date of the accident and thereby there was breach of policy condition.
5. During the course of the argument learned Counsel for Appellants relied on the decision of the Hon'ble Apex Court in the case of MUKUND DEWANGAN VS ORIENTAL INSURANCE COMPANY LIMITED reported in (2016) 4 SCC 298 and submitted that in this decision Hon'ble apex court has held that the driver holding license to drive light motor vehicle can drive transport vehicle of that class without any -5- NC: 2025:KHC-D:14093 MFA No. 100385 of 2017 C/W MFA No. 100386 of 2017 HC-KAR endorsement to the said effect and as such the Insurance Company is liable to pay the compensation by indemnifying the insured. Learned Counsel for Respondent No.2 conceded the above submission as well as the liability of the Insurance Company to pay the compensation in such circumstance.
6. In the present case, admittedly the driver of offending vehicle was holding a valid and effective driving license to drive a motor cycle (NT), LMV 3 Wheeler (NT) and LMV (NT) car. In view of the above referred decision, it is to be held that the driver of offending vehicle was holding valid and effective driving license as on the date of the accident. As such both the owner and the insurer of the offending vehicle are jointly and severally liable to pay the compensation as determined by the Court.
7. Coming to the prayer of the Appellants for enhancement of the compensation, learned MACT has -6- NC: 2025:KHC-D:14093 MFA No. 100385 of 2017 C/W MFA No. 100386 of 2017 HC-KAR awarded the compensation to the Claimants herein under the following heads:
MVC No.1370/2014 - Sri Kedaralingappa 1 For Pain and Suffering Rs.5,000 2 Medical Expenses Rs.540 3 Conveyance, Diet, Extra Nourishment Charges, Food and Attendant Charges Rs.1,000 4 Loss of Income during laid up period Rs.1,000 5 Loss of future earning capacity on account of permanent physical disability NIL 6 Loss of Amenities and enjoyment of life Rs.1,000 TOTAL Rs.8,540 MVC No.1371/2014 - Sri Jotiba 1 For Pain and Suffering Rs.5,000 2 Medical Expenses Rs.32,500 3 Conveyance, Diet, Extra Nourishment Charges, Food and Attendant Charges Rs.1,000 4 Loss of Income during laid up period Rs.500 5 Loss of future earning capacity on account of permanent physical disability NIL 6 Loss of Amenities and enjoyment of life Rs.1,000 TOTAL Rs.40,000
8. During the course of the argument learned Counsel for Appellants fairly submitted that the appellants have suffered simple injuries and prayed to award suitable compensation by taking into consideration the nature of -7- NC: 2025:KHC-D:14093 MFA No. 100385 of 2017 C/W MFA No. 100386 of 2017 HC-KAR injuries, the period of treatment, the medical expenses and incidental charges incurred during the period of treatment.
9. The materials on record go to show that the Claimant in MVC.No.1370/2014 had sustained blunt injury over left ankle and knee and the claimant in MVC.No.1371/2014 had sustained lacerated wound over forehead. These injuries were simple in nature. Learned MACT has awarded the compensation to these Claimants as referred hereinabove by taking into consideration all relevant aspect including medical bills. In the facts and circumstances of the case, this Court opines it would be just and proper to enhance the compensation awarded to the Claimants by globally awarding additional amount of Rs.10,000/- each.
10. In the result, this Court proceeds to pass the following:
-8-
NC: 2025:KHC-D:14093 MFA No. 100385 of 2017 C/W MFA No. 100386 of 2017 HC-KAR ORDER
i) The appeals are allowed in part.
ii) The Appellants are entitled for a sum of Rs.10,000/- each in addition to the compensation already awarded by learned MACT.
iii) Respondent Nos.1 and 2 are jointly and severally liable to pay the compensation determined in the case.
iv) Respondent No.2 is directed to deposit the entire compensation amount, i.e., the compensation awarded by learned MACT and the additional compensation awarded by this Court compensation amount, together with interest thereon at the rate of 6% p.a. from the date of the petition till its realization.
v) Respondent No.2 is directed to deposit the compensation amount with accrued interest -9- NC: 2025:KHC-D:14093 MFA No. 100385 of 2017 C/W MFA No. 100386 of 2017 HC-KAR before learned MACT within a period of two months from the date of receipt of the certified copy of this judgment.
vi) On such deposit, the same shall be released to the Claimants/Appellants.
vii) Draw modified award accordingly.
Sd/-
(B. MURALIDHARA PAI) JUDGE MBS /CT-AN List No.: 1 Sl No.: 2