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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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
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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
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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.
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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
