The Branch Manager vs Panchappa S/O. Irappa Katti
2025 Latest Caselaw 2073 Kant

Citation : 2025 Latest Caselaw 2073 Kant
Judgement Date : 8 January, 2025

Karnataka High Court

The Branch Manager vs Panchappa S/O. Irappa Katti on 8 January, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                   -1-
                                                                   NC: 2025:KHC-D:259
                                                          MFA No. 103798 of 2018




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 8TH DAY OF JANUARY, 2025
                                                BEFORE
                           THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                       MISCELLANEOUS FIRST APPEAL NO.103798 OF 2018 (MV-I)
                      BETWEEN:

                      THE BRANCH MANAGER,
                      NATIONAL INSURANCE COMPANY LTD.,
                      MELLIGERI COMPLEX, BAGALKOT,
                      NOW REPRESENTED BY ITS
                      ADMINISTRATIVE OFFICER.
                                                                          ...APPELLANT
                      (BY SRI SURESH S.GUNDI, ADVOCATE)

                      AND:

                      1.   PANCHAPPA S/O. IRAPPA KATTI,
                           AGE: 58 YEARS, OCC: TEA SHOP,
                           BUSINESS (NOW NIL),
                           R/O. CHIKKASHELLIKERI VILLAGE-587124,
                           TQ: DIST: BAGALKOT.

                      2.   SATAPPA S/O. ADIVEPPA SHEELAVANTAR,
                           AGE: 44 YEARS, OCC: OWNER OF
                           VEHICLE KA-29/S-9026,
Digitally signed by        R/O. CHIKKASHELLIKERI-587124,
MALLIKARJUN
RUDRAYYA                   TQ. DIST: BAGALKOT.
KALMATH
Location: HIGH
COURT OF                                                               ...RESPONDENTS
KARNATAKA
                      (BY SRI D.M. MALLI, ADVOCATE FOR R1 AND R2)

                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
                      JUDGMENT AND AWARD DATED 27.06.2018 PASSED IN MVC
                      NO.140/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
                      AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BAGALKOT
                      AND ETC.,

                           THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
                      ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                 -2-
                                              NC: 2025:KHC-D:259
                                        MFA No. 103798 of 2018




                        ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

Though this appeal is listed for admission, with the

consent of learned counsel for the parties, it is taken up for

final disposal.

2. This appeal is filed by the appellant-Insurance

Company challenging quantum of compensation awarded to the

claimants on the ground that it is the case of assault, but not a

case of motor vehicle accident, being aggrieved by judgment

and award dated 27.06.2018 passed in MVC No.140/2014 on

the file of the Principal Senior Civil Judge and Member MACT-II,

Bagalkot (for short, 'Tribunal').

3. Brief facts leading to filing of this appeal are that on

25.01.2014 at about 4.30 P.M., the claimant/injured was

standing near Shellikeri cross road. At that time, a bike bearing

registration No.KA-29-S-9026, rode by its rider came from

Kaladgi village in a high speed, rash and negligent manner and

hit to the claimant/injured. As a result of it, the claimant

sustained grievous injuries. It is also averred that the deceased

was aged about 54 years at the time of accident, was running

NC: 2025:KHC-D:259

tea shop, earning Rs.10,000/- per month. Hence, the present

appeal is filed challenging the quantum of compensation

awarded by the Tribunal.

4. Learned counsel for the appellant submits that it is

the case of assault, but not a case of motor vehicle accident.

Therefore, the evidence of appreciation by the Tribunal is

perverse in nature. Hence, seeks for allowing of the appeal.

5. Upon considering the complaint (Ex.P2) and FIR

(Ex.P1), it is alleged that the claimant has sustained injuries

due to the rash and negligent driving of the driver. The charge

sheet (Ex.P7) shows that the claimant has suffered injuries in

the motor vehicle accident. Therefore, considering all these

evidence on record, it is proved that the claimant suffered

injuries in the motor vehicle accident.

6. Upon considering the quantum of compensation

awarded, the same is amount to be on higher side. On perusing

the reasons stated in arraying part of compensation, it is on the

higher side. Therefore, if the amount of Rs.53,300/- is reduced

from compensation of Rs.1,98,800/- awarded by the Tribunal,

then the claimant would be entitled to total compensation of

NC: 2025:KHC-D:259

Rs.1,45,500/-. Therefore, the claimant is entitled to total

compensation of Rs.1,45,500/- along with interest at the rate

of 6% per annum from the date of petition till the date of

payment.

7. In the result, I pass the following:

ORDER

a) Appeal stands allowed in part.

b) The judgment and award dated 27.06.2018,

passed in MVC No.140/2014, on the file of the

Principal Senior Civil Judge and Member

MACT-II, Bagalkot is modified to an extent that

the claimant would be entitled to total

compensation of Rs.1,45,500/- along with

interest at the rate of 6% per annum from the

date of petition till the date of payment.