Karnataka High Court

Jotiba S/O Kedarlingappa vs Shivappa S/O Thimmappa on 17 October, 2025

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                                                        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
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                                 MFA No. 100385 of 2017
                             C/W MFA No. 100386 of 2017

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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:
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                                            MFA No. 100385 of 2017
                                        C/W MFA No. 100386 of 2017

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                             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

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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

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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

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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

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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:

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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

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before learned MACT within a period of two

months from the date of receipt of the certified

copy of this judgment.