Karnataka High Court
Nagaraj vs Ayub on 26 September, 2025
-1-
NC: 2025:KHC-D:13516
MFA No. 100277 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 100277 OF 2014 (MV-)
BETWEEN:
1. SRI. NAGARAJ S/O BABURAO KAMMAR,
AGE: 31 YEARS, OCC: COOLIE,
R/O: HALIYAL, TQ: HALIYAL,
DIST: KARWAR.
...APPELLANT
(BY SRI. SAMBHAJI R SURYAVANSHI, ADV)
AND:
1. SRI. AYUB S/O ABDULKARIM BAGEWADI,
AGE: MAJOR, OCC: BUSINESS,
AT HANUMAN ROAD, R/O: ALNAVAR,
TQ & DIST: DHARWAD, (OWNER OF THE
407 MAXI CAB, NO.KA-25/A-196)
2. THE MANAGER,
THE RELIANCE GENERAL INSURANCE
CO. LTD., HUBLI, AT HUBLI,
(INSURER OF THE 407 MAXI
CAB NO.KA.25/A-196) VALID FROM
MOHANKUMAR
25/08/2010 TO 24/08/2011.
B SHELAR
3. VISHNU S/O RAMANNA CHAVAN
Digitally signed by AGE: MAJOR, OCC: TRANSPORT
MOHANKUMAR B
SHELAR BUSINESS, AT SATNALLI,
Date: 2025.09.27
11:23:29 +0530
TQ: HALIYAL, DIST: KARWAR
(OWNER OF TRACTOR BEARING,
NO.GA-01-141/2009T.T. UNIT)
4. THE DIVISION MANAGER
UNITED INDIA INSURANCE CO. LTD
THROUGH ITS DIVISIONAL OFFICE,
(THE UNITED INDIA INSURANCE
CO. LTD,) ENKEY COMPLEX HUBLI,
POLICY NO.241301/31/09/00011193
VALID FROM 16/01/2010 TO 15/01/2010
-2-
NC: 2025:KHC-D:13516
MFA No. 100277 of 2014
HC-KAR
(INSURER OF T.T. UNIT NO.GA-01-141/2009)
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADV FOR R2,
NOTICE TO R1 & R3 ARE DISPENSED WITH
SRI. S.S. KOLIWAD, ADV FOR R4)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT & AWARD DATED:20.03.2012, PASSED IN MVC.
NO.108/2011, ON THE FILE OF THE MEMBER, ADDL. MACT, YELLAPUR,
SITTING AT HALIYAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
This appeal is filed by the petitioner challenging the
judgment and award dated 20.03.2012 passed in
M.V.C.No.108/2011 by the learned Additional M.A.C.T.,
Yellapur sitting at Haliyal.
2. Brief facts leading rise to the filing of this appeal
are as follows:
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HC-KAR
On 26.12.2010, the petitioner was traveling in a 407
maxi cab bearing registration No.KA-25/A-196. When the
tempo reached near the accident spot, at that time, a
tractor bearing registration No.GA-01/141-2009 driven by
its driver, who came from the opposite direction in a rash
and negligent manner and dashed to the tempo. As a result,
the petitioner sustained grievous injuries. The petitioner
filed the claim petition under Section 166 of M.V. Act
claiming compensation on account of the injuries sustained
in the road traffic accident.
During the pendency of the case, the owner of the
offending vehicle died and her legal representatives were
brought on record.
3. The legal representative of the owner of the 407
maxi cab in question filed a statement of objections denying
the averments made in the claim petition and contended
that the driver of the offending vehicle was possessing a
valid and effective driving license and the policy was valid
NC: 2025:KHC-D:13516
HC-KAR
as of the date of the accident. Hence, prays to dismiss the
claim petition against the owner of the offending vehicle.
4. Respondents No.2 and 4, the insurance
companies, filed separate statement of objections denying
the averments made in the claim petition and prays to
dismiss the claim petition against them.
5. R.3-the owner of the tractor in question filed the
statement of objections denying the claim petition
averments. It is contended that the accident occurred due
to the rash and negligent driving of the 407 maxi cab in
question. Hence, prays to dismiss the petition against him.
6. The Tribunal, based on the pleadings of the
parties, framed the relevant issues.
7. The petitioner, to substantiate his case,
examined himself as PW-1 and marked 5 documents as
Exs.P-1 to P-5. On the other hand, the officer of the
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HC-KAR
Insurance Company was examined as RW-1 and marked 6
documents as Exs.R-1 to R-6.
8. The Tribunal, after assessing the verbal and
documentary evidence, allowed the claim petition in part
with costs and awarded compensation of Rs.5,000/- with
interest at the rate of 6% per annum from the date of
petition till the date of payment and respondents No.2 and
4 are ordered to deposit the compensation amount to the
extent of 50% each before the Tribunal within 30 days from
the date of the order.
9. The petitioner being dissatisfied with the
quantum of compensation, filed this appeal.
10. Heard the learned counsel for the petitioner and
also the learned counsel for the Insurance Companies.
11. Perused the records and considered the
submissions of the learned counsel for the petitioner.
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HC-KAR
12. The point that arises for consideration is
regarding the quantum of compensation.
13. There is no dispute regarding the occurrence of
accident and the petitioner having suffered injuries in the
road traffic accident. The petitioner has produced the wound
certificate marked as Ex.P-4. The petitioner has not
examined the doctor to prove the disability. Considering the
nature of injuries sustained by the petitioner in the road
traffic accident as per Ex.P-4, this Court is of the opinion
that the petitioner is entitled for a global compensation of
Rs.50,000/- including the compensation awarded by the
Tribunal.
14. In view of the above discussion, appeal is
allowed.
15. In view of the above discussion, I proceed to
pass the following:
ORDER
(i) The appeal is allowed in part.
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HC-KAR
(ii) The judgment and award dated 20.03.2012
passed in M.V.C.No.108/2011 by the learned
Additional M.A.C.T., Yellapur sitting at Haliyal,
is hereby modified.
(iii) The petitioner is entitled to global
compensation of Rs.50,000/- including the
compensation awarded by the Tribunal with
interest at 6% p.a. from the date of petition till
realization.
(iv) Respondents No.2 and 4 are directed to
deposit the compensation amount with
accrued interest to the extent of 50% each
within eight weeks from the date of receipt of
a copy of this order.
(v) The office is directed to transmit the records to
the Tribunal, forthwith.
Sd/-
(ASHOK S. KINAGI)
JUDGE
NAA
CT: BSB
