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Karnataka High Court
Rahman vs Smt Taramati Kulappa Bangari on 17 December, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2025:KHC-K:7867-DB
MFA No. 200082 of 2024
C/W MFA No. 203918 of 2023
MFA No. 201723 of 2025
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO.200082 OF 2024 (MV-I)
C/W
MISCL. FIRST APPEAL NO.203918 OF 2023 (MV-I)
MISCL. FIRST APPEAL NO.201723 OF 2025 (MV-I)
MISCL. FIRST APPEAL NO.203514 OF 2025 (MV-I)
IN MFA No.200082/2024:
BETWEEN:
TARAMATI KULAPPA BANGARI
AGE: 47 YEARS,
Digitally signed by
BASALINGAPPA OCC: TAILORING, NOW NIL,
SHIVARAJ
DHUTTARGAON
Location: HIGH COURT
R/O: ATHARGA, TALUK: INDI,
OF KARNATAKA
NOW AT VENKATESH NAGAR
NEAR LAXMI TEMPLE,
VIJAYPAURA - 586 101.
...APPELLANT
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
AND:
1. REHAMAN BANDAGISAB BAGAWAN
AGE: MAJOR,
OCC: BUSINESS,
-2-
NC: 2025:KHC-K:7867-DB
MFA No. 200082 of 2024
C/W MFA No. 203918 of 2023
MFA No. 201723 of 2025
HC-KAR AND 1 OTHER
R/O: TADAWALAGA,
TALUK: INDI,
DIST: VIJAYAPURA- 586 112.
2. THE AUTHORIZED SIGNATORY,
TATA AIG GENERAL INSURANCE COMPANY LIMITED,
NO.363, 12TH A MAIN ROAD,
DR. RAJAKUMAR ROAD, RAJAJI NAGAR,
6TH BLOCK, BENGALURU - 560 010.
...RESPONDENTS
(BY SRI GANESH S.KALABURAGI, ADVOCATE FOR R1;
SRI SUBHASH MALLAPUR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND AWARD DATED 07-09-2023 PASSED IN MVC
NO.568/2018 ON THE FILE OF THE COURT OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VII, VIJAYAPUR AT
VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT BY RS.23,50,700/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE Court, IN
THE INTEREST OF JUSTICE AND EQUTIY AND ETC.
IN MFA NO.203918/2023:
BETWEEN:
KULAPPA SAYABANNA BANGARI
AGE: 50 YEARS,
OCC: AGRICULTURE, NOW NIL,
R/O: ATHARGA, TALUK: INDI,
NOW AT VENKATESHNGAR NEAR LAXMI TEMPLE,
VIJAYPAURA - 586 101.
...APPELLANT
(BY SRI KOUJALAGI CHANDRAKANT LAXMAN., ADVOCATE)
-3-
NC: 2025:KHC-K:7867-DB
MFA No. 200082 of 2024
C/W MFA No. 203918 of 2023
MFA No. 201723 of 2025
HC-KAR AND 1 OTHER
AND:
1. REHAMAN BANDAGISAB BAGAWAN
AGE: MAJOR,
OCC: BUSINESS,
R/O: TADAWALAGA,
TALUK: INDI, DIST: VIJAYAPURA- 586 112.
2. THE AUTHORIZED SIGNATORY,
TATA AIG GENERAL INSURANCE COMPANY LIMITED,
NO.363, 12TH A MAIN ROAD,
DR. RAJAKUMAR ROAD, RAJAJI NAGAR,
6TH BLOCK, BENGALURU - 560 010.
...RESPONDENTS
(BY SRI GANESH S.KALABURAGI, ADVOCATE FOR R1;
SRI SUBHASH MALLAPUR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 07-09-2023
PASSED IN MVC NO.592/2018 ON THE FILE OF THE COURT
OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VII VIJAYAPUR
AT VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING
THE COMPENSATION AMOUNT BY RS.6,72,500/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE
COURT, IN THE INTEREST OF JUSTICE AND EQUTIY AND
ETC.
IN MFA NO.201723/2025:
BETWEEN:
REHAMAN
S/O BANDAGISAB BAGAWAN,
AGE: 45 YEARS,
OCC: BUSINESS,
R/O: TADAWALAGA,
TQ: INDI,
-4-
NC: 2025:KHC-K:7867-DB
MFA No. 200082 of 2024
C/W MFA No. 203918 of 2023
MFA No. 201723 of 2025
HC-KAR AND 1 OTHER
DISTRICT: VIJAYAPURA - 586 209.
...APPELLANT
(BY SRI GANESH SUBHASHCHANDRA KALBURGI., ADV.)
AND:
1. SMT. TARAMATI KULAPPA BANGARI,
AGED ABOUT 49 YEARS,
OCC: TAILOR (NOW NIL),
R/AT: VENKATESH NAGAR,
NEAR LAXMI TEMPLE,
VIJAYAPURA - 586 103.
2. THE MANAGER LEGAL / CLAIM
TATA AIG GENERAL INSURANCE CO LTD.,
NO.363, 12TH A MAIN ROAD,
DR. RAJAKUMAR ROAD, RAJAJI NAGAR,
5TH BLOCK, BENGALURU - 01.
...RESPONDENTS
(BY SRI KOUJALAGI C.L., ADVOCATE FOR R1;
SRI SUBHASH MALLAPUR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 07.09.2023 PASSED IN
M.V.C.NO.568/2018 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VII, VIJAYAPURA AND TO
PASS ANY OTHER APPROPRIATE ORDER AS MAY BE
NECESSARY, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.203514/2025:
BETWEEN:
REHAMAN
S/O BANDAGISAB BAGAWAN,
AGE: 45 YEARS,
OCC: BUSINESS,
-5-
NC: 2025:KHC-K:7867-DB
MFA No. 200082 of 2024
C/W MFA No. 203918 of 2023
MFA No. 201723 of 2025
HC-KAR AND 1 OTHER
R/O: TADAWALAGA,
TQ: INDI,
DISTRICT: VIJAYAPURA - 586 209.
...APPELLANT
(BY SRI GANESH SUBHASHCHANDRA KALBURGI, ADV.)
AND:
1. KULAPPA SAYABANNA BANGARI
AGE: 56 YEARS,
OCC: AGRICULTURE, (NOW NIL),
R/O: ATHARGA, TALUK: INDI,
NOW AT VENKATESHNGAR NEAR LAXMI TEMPLE,
VIJAYPAURA - 586 103.
2. THE MANAGER LEGAL / CLAIM
TATA AIG GENERAL INSURANCE CO LTD.,
PENISULA CORPORATE PARK,
NICHOLAS PIRAMAL TOWER,
9TH FLOOR, GANAPATRAOKADAM MARG,
LOWER PAREL, MUMBAI - 400 013.
...RESPONDENTS
(BY SRI KOUJALAGI C.L., ADVOCATE FOR R1;
SRI SUBHASH MALLAPUR, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 07.09.2023 PASSED IN
M.V.C.NO.592/2018 ON THE FILE OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VII, VIJAYAPURA AND TO
PASS ANY OTHER APPROPRIATE ORDER AS MAY BE
NECESSARY IN THE INTEREST OF JUSTICE AND EQUITY.
THESE MFAS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-K:7867-DB
MFA No. 200082 of 2024
C/W MFA No. 203918 of 2023
MFA No. 201723 of 2025
HC-KAR AND 1 OTHER
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
There are total four appeals filed against the
judgment and award dated 07.09.2023 arising out of MVC
Nos.568/2018 and 592/2018 passed by II Addl. Senior
Civil Judge and Member, MACT-VII, Vijayapura (for short,
'the Tribunal'). Out of four appeals, two appeals in MFA
No.200082/2024 and 203918/2023 are preferred by the
claimants seeking enhancement of compensation, whereas
other two appeals in MFA Nos.201723/2025 and
203514/2025 are preferred by the owner of the offending
vehicle seeking fastening of liability on the insurance
company instead of liability on the respondent No.1.
In MFA No.200082/2024:
2. The learned counsel for the claimant raised the
following contentions:
NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
a) Firstly, at the time of accident, the claimant
was aged about 43 years and due to the accident the
claimant has suffered grievous injuries namely, fracture of
ribs. The claimant has examined the doctor as P.W.3, who
deposed that the claimant has suffered disability to the
extent of 15% to the whole body in respect of upper limb.
But, the Tribunal has assessed only 5% disability to the
whole body and the same is on the lower side.
b) Secondly, he has contended that considering
the injuries suffered by the claimant, considering the
medical records and evidence of the doctor, the
compensation awarded by the Tribunal towards pain and
suffering, loss of amenities and other accidental expenses
are on the lower side.
3. Per contra, learned counsel appearing for the
respondent No.2 - insurance company has raised the
following contentions:
NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
a) That the claimant has examined the doctor as
P.W.3. In his evidence, P.W.3 deposed that the claimant
has suffered 15% disability in respect of upper limb. But
the Tribunal has considered 1/3rd of the disability for whole
body and rightly assessed whole disability at 5%.
b) Lastly, he has contended that considering the
evidence of doctor and injuries suffered by the claimant,
the compensation awarded by the Tribunal towards pain
and suffering, loss of amenities, other incidental injuries
are just and reasonable. Hence, he sought for dismissal of
the appeal.
4. Heard the learned counsel for the parties,
perused the judgment and award of the Tribunal and also
the appeal papers.
5. It is not in dispute that the claimants have
suffered injury in a road traffic accident occurred on
24.08.2017 due to rash and negligent driving of driver of
Tempo Trax bearing Reg.No.KA-28/N-4333. It is also not
NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
in dispute that due to the above accident, the claimants
have suffered injuries.
6. Due to the accident, the claimant has suffered
fracture of ribs and she has examined Dr. Ashok Nayak,
Orthopedic Surgeon as P.W.3, who treated the claimant.
In his evidence, P.W.3 deposed that the claimant has
suffered 15% disability to the whole body. Considering
the evidence of doctor and medical records, we are of the
opinion that whole body disability can be assessed at 10%.
In the absence of proof of income, the Tribunal has rightly
assessed the notional income of the claimant at
Rs.10,250/- p.m. At the time of accident, the claimant was
aged about 43 years. The multiplier applicable to the age
group of the claimant is '14'. Accordingly, loss of future
earning has been re-assessed as under:
Rs.10,250/- x 12 x 14 x 10% = Rs.1,72,200/-.
7. Due to the accident, the claimant has suffered
grievous injury. She was admitted as an in-patient. She
- 10 -
NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
has suffered lot of pain during the treatment because of
disability and has to suffer unhappiness during her life.
Considering the evidence of doctor and injury suffered by
the claimant, we are inclined to enhance the compensation
towards 'pain and suffering' from Rs.10,000/- to
Rs.30,000/-. Likewise, compensation awarded under the
head 'food and nourishment' is enhanced from Rs.5,000/-
to Rs.10,000/-. The compensation awarded under the
head 'loss of amenities' is enhanced from Rs.10,000/- to
Rs.20,000/-. The claimant is also entitled for
compensation towards loss of income during laid up period
for three months i.e., Rs.30,750/- (Rs.10,250/- x 3). The
compensation awarded under other heads are just and
reasonable.
8. On re-assessment and re-determination, the
computation of compensation is as under:
Description By this Court
Pain and suffering Rs.30,000/-
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NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
Medical expenses Rs.1,28,000/-
Food and nourishment Rs.10,000/-
Loss of future earning
Rs.1,72,200/-
capacity
Loss of income during
Rs.30,750/-
laid up period
Loss of amenities Rs.20,000/-
Total Rs.3,90,950/-
9. The compensation awarded to the claimant by
the Tribunal in MFA No.203918/2023 is just and proper
and hence no interference is called for.
IN RE. LIABILITY:
10. Learned counsel appearing for owner of the
offending vehicle i.e., respondent No.1 contended that the
offending vehicle is covered with valid insurance policy and
the driver of the offending vehicle was having valid and
effective driving licence as on the date of the accident.
11. The learned counsel for respondent No.1 has
relied on the judgment dated 29.11.2023 in MFA
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NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
Nos.200604/2022 C/w 201181/2022 arising out of the
same accident wherein the judgment and award passed by
the Tribunal has been modified holding that the driver of
the offending vehicle was having valid and effective driving
licence as on the date of the accident and held that the
insurance company is liable to pay entire compensation to
the claimants. Under such circumstances, the impugned
judgment and award is also arising out of the same
accident, and hence liability requires to be saddled on the
respondent No.2 - insurance company.
12. In the result, we pass the following:
ORDER
a) The appeal preferred by the claimant in
MFA No.200082/2024 is allowed in part.
b) The claimant is entitled to a total
compensation of Rs.3,90,950/- as against
Rs.2,49,266/- awarded by the Tribunal
along with interest at the rate of 6% per
annum.
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NC: 2025:KHC-K:7867-DB
HC-KAR AND 1 OTHER
c) The appeals preferred by the owner of the
offending vehicle in MFA Nos.201723/2025
and 203514/2025 are allowed in part
only to the extent of saddling liability on
the respondent No.2 - Insurance company
instead of respondent No.1.
d) The Respondent No.2 - Insurance Company
is directed to deposit entire compensation
amount along with interest at the rate of
6% per annum from the date of filing of
the claim petitions till the date of
realization, within a period of six weeks
from the date of receipt of a copy of this
judgment.
e) The deposit and release shall be as per the
order of the Tribunal.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
BL
List No.: 1 Sl No.: 41
