[Cites 2, Cited by 0]
Karnataka High Court
Shri. Shivanand S/O Gurunath Hongal vs Shri. Kallayya S/O Mallayya Pujer on 15 April, 2026
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MFA No. 101102 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 15TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
MISCELLANEOUS FIRST APPEAL NO. 101102 OF 2018 (MV-I)
BETWEEN:
SHRI. SHIVANAND S/O GURUNATH HONGAL
AGE: 22 YEARS, OCC: BUSINESS (NOW NIL),
R/O: ANIGOL, TQ: BAILHONGAL-591102,
DIST: BELAGAVI.
...APPELLANT
(BY SMT. PRIYANKA K., ADVOCATE FOR SRI M.M. KHANNUR,
ADVOCATE)
AND:
1. SHRI. KALLAYYA S/O MALLAYYA PUJER
AGE 43 YEARS, OCC: BUSINESS/AGRICULTURE,
R/O: VAKKUND, TQ: BAILHONGAL-591102,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.,
YASHAVANT "SITASMRUTI", MARUTI LANE,
NARAYANKAR
BELAGAVI-590016.
Digitally signed by
YASHAVANT NARAYANKAR
Location: HIGH COURT OF
...RESPONDENTS
KARNATAKA DHARWAD
BENCH
Date: 2026.04.18 11:03:09
+0530
(BY SRI R.R. MANE, ADVOCATE FOR R2;
NOTICE SERVED TO R1)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO MODIFY AND SET ASIDE THE JUDGMENT AND AWARD
DATED 29.12.2017 PASSED IN MVC NO.644/2015 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, AGAINST THE
RESPONDENT NO.1 IN THE INTEREST OF JUSTICE AND EQUITY AND
AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN
THE INTEREST OF JUSTICE AND EQUITY.
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MFA No. 101102 of 2018
HC-KAR
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)
The claimant in MVC No.644/2015 on the file of the
learned Senior Civil Judge and Additional M.A.C.T., Bailhongal
(hereinafter referred as 'the Tribunal'), has maintained this
appeal being dissatisfied with the quantum of compensation
awarded under judgment and award dated 29.12.2017 passed
therein.
2. The claimant maintained the petition in MVC
No.644/2015 under Section 166 of the Motor Vehicles Act
claiming compensation of Rs.10,00,000/- for the injuries
sustained in road traffic accident occurred on 28.10.2014. The
case of the claimant is that on 28.10.2014 at about 7.00 p.m.,
while he was standing on the left side of Bailhongal-Vakkund
(Anigol-Vakkund) Road near Landyan Bridge along with a two
wheeler bearing No. KA-25-E-5686 for keeping vegetable bag,
at that time a motorcycle bearing No.KA-53-E-9561 came
from Anigol (Bailhongal) side in rash and negligent manner
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and dashed against him and his vehicle, as a result he
sustained grievous injuries.
3. On service of notice, both the owner and insurer of
the offending vehicle appeared before the Tribunal through
their counsel. However, the insurer alone contested the
petition by filing their objection.
4. Based on the pleadings and the documents
available on record, the Tribunal framed relevant issues, held
enquiry in the matter and after considering the materials
available on record, proceeded to hold that the claimant met
with the accident due to actionable negligence on the part of
the rider of motorcycle bearing No.KA-53-E-9561. Further, the
Tribunal allowed the claim petition in part and awarded
compensation of Rs.2,73,254/- and directed the owner of the
offending vehicle to satisfy the award on the ground that the
insurer has substantially proved not only violation of terms
and conditions of the policy but also violation of Section 3 of
M.V Act by the rider/owner of the motorcycle. Being aggrieved
by the said judgment and award, the claimant has come up
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with this appeal praying to modify the impugned award by
enhancing compensation as claimed in the petition and also by
fastening the liability upon the insurer to satisfy the award.
5. Sri Madanmohan M. Khannur, learned Counsel
appearing for Claimant submitted that the claimant has
suffered grievous injuries in the accident, who underwent
treatment as an inpatient from 29.10.2014 to 06.11.2014 and
also follow-up treatment on several occasions. He submitted
that the Tribunal has not taken into consideration the medical
expenses incurred by the claimant as well as his need of
future medical expenses. He further submitted that the
Tribunal has committed an error in assessing income of the
claimant at Rs.7,000/- per month as against Rs.10,000/- per
month. He also submitted that the Tribunal has committed an
error in absolving the insurer from its liability of satisfying the
award, ignoring the fact that the claimant is a third party. In
the above circumstances, he prayed to allow the appeal and
modify the impugned judgment and award suitably.
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6. Per contra, Sri Ravindra R. Mane, learned Counsel
for Insurer vigorously submitted that the owner of the
offending vehicle himself was riding the motorcycle without
holding a valid driving license for specified category of the
vehicle and thereby, he violated the terms and conditions of
the policy. In view of the same, he submitted that the Tribunal
based on the materials available on record, rightly absolved
the insurer from the liability of satisfying the award. He
further submitted that the Tribunal has awarded just and
reasonable compensation to the claimant based on the
materials placed on record and that the claimant has not
made out any valid grounds to seek enhancement of the
compensation.
7. In the background of above mentioned contentions
of the parties, the following points arise for the consideration
of this Court :
i. Whether the Claimant has made out valid
ground to seek enhancement of the
compensation?
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ii. Whether the Tribunal is justified in absolving
the insurer from the liability of satisfying the
award?
Point Nos. (i) and (ii) :
8. It is the specific case of the claimant that on
28.10.2014 at about 07.00 p.m., when he was standing on
the left side of Bailhongal-Vakkund Road, near Landyan
bridge, he met with a road traffic accident due to actionable
negligence on the part of rider of motorcycle bearing No.KA-
53-E-9561 and sustained injuries. Based on the evidence
adduced before the Tribunal, it answered the said issue in
favour of the Claimant. The correctness of such finding of the
Tribunal has not been challenged either by the owner or
insurer of the offending vehicle. As such, the only point for
determination in this appeal is the question of justification to
seek enhancement of the compensation and fastening liability
on the insurer, if any, of satisfying the award.
9. The Tribunal has awarded a sum of Rs.25,000/- to
the Claimant under the head of pain and suffering. The papers
available on record goes to show that the claimant had
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suffered only one injury, i.e., fracture of right tibia. The
document marked at Ex.P10 goes to show that the claimant
had undergone treatment as an inpatient from 28.10.2014 to
06.11.2014. Further, the case sheet produced at Ex.P8 goes
to show that he was treated with implant. In the above
circumstances, this Court opines that it would be proper to
award a sum of Rs.40,000/- to the claimant under the head of
pain and suffering in place of Rs.25,000/- awarded by the
Tribunal.
10. The Tribunal has awarded a sum of Rs.1,81,440/-
to the claimant under the head of loss of future income. The
Tribunal arrived at the said figure by taking income of the
claimant as Rs.7,000/- per month and 12% disability to the
whole body. As per the chart of KSLSA prepared for the
purpose of settlement of cases before Lok Adalath, the
notional income for the year 2014 is Rs.7,500/-. As such, it
would be proper to take notional income of the claimant as
Rs.7,500/-. The materials on record indicate that the claimant
was aged between 18-19 years at the time of the accident. In
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that event, the proper multiplier would be 18. Thus, on
recalculation, the loss of future income works out to
Rs.1,94,400/- (i.e., Rs.7,500 x 12 x 18 x 12%).
11. The Tribunal has awarded a sum of Rs.3,000/-
towards incidental expenses. If we take into consideration the
nature of injury sustained by the claimant and period of his
treatment, this Court opines that it would be proper to award
a sum of Rs.10,000/- under the head of incidental charges, in
place of Rs.3,000/- awarded by the Tribunal.
12. The Tribunal has not awarded any compensation to
the claimant under the head of loss of income during the
period of treatment and under the head of loss of amenities.
The claimant having suffered fracture of right tibia, in all
probability he required about 3 months period for healing up
and recovery. As such, a sum of Rs.22,500/- (i.e., 7,500 x 3)
is awarded under the head of loss of income during the period
of treatment. Similarly, a sum of Rs.20,000/- is awarded to
the claimant under the head of loss of amenities, having
regard to his age at the time of the accident.
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13. The Tribunal has awarded a sum of Rs.33,814/-
under the head of medical expenses. The Tribunal has
awarded the said amount based on the documents produced
at Ex.P10 to P16. The claimant has not made out any ground
to seek enhancement of the compensation under the head of
medical expenses.
14. The Tribunal has awarded a sum of Rs.30,000/-
under the head of future medical expenses i.e., further
surgery. As already pointed out, the claimant has suffered
fracture of right tibia. Ex.P8 indicates that he was treated with
implants. As such, the claimant may required to undergo a
surgery for removal of implants. Hence, it is opined that the
compensation awarded by the Tribunal under the head of
future medical expenses is proper.
15. The impugned judgment also indicates that the
Tribunal has not awarded interest on the compensation
amount. In view of the same, it would be proper to award
interest on the compensation amount at the rate of 6% per
annum from the date of petition till its realization.
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16. For the foregoing reasons, this Court holds that the
claimant is entitled for a total compensation of Rs.3,50,714/-
under the following heads:
Sl.No. Heads Amount ( in ₹)
1. Pain and sufferings 40,000.00
2. Medical expenses 33,814.00
3. Future Medical expenses 30,000.00
4. Nourishment and incidental 10,000.00
expenses
5. Loss of future income 1,94,400.00
6. Loss of income during laid-up 22,500.00
period
7. Loss of amenities 20,000.00
Total : 3,50,714.00
17. Admittedly, the offending vehicle was duly insured
with the insurer herein as on the date of accident. As such,
the insurer is statutorily liable to satisfy the award arising out
of a third party claim. Undisputedly, the claimant herein is a
third party and he has maintained claim petition seeking
compensation from the owner and insurer of the offending
vehicle. Thereby it becomes clear that the Tribunal has
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committed an error in absolving the insurer from its liability of
satisfying the award on the ground of violation of terms and
conditions of the policy.
18. No doubt, the insurer has proved violation of terms
and conditions of the policy committed by the insured by
riding the offending vehicle without holding a valid driving
licence to rider particular category of the vehicle. Ex.P20 goes
to show that the insured was holding a LMV(NT) driving
license as on the date of the accident. However, it was not a
valid driving license to ride the motorcycle, which was a
different category vehicle. In view of the same, it is held that
the insurer is primarily liable to satisfy the award subject to
their right to recover the said amount from the owner/insured
of the offending vehicle under pay and recover principle.
Accordingly, Point Nos. (i) and (ii) are answered in the
'affirmative'.
19. In the result, this Court proceed to pass the
following:
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ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 29.12.2017 passed
in MVC No.644/2015 by learned Senior Civil Judge
and Additional MACT, Bailhongal is modified.
iii. The claimant is entitled for a total compensation of
Rs.3,50,714/- in place of Rs.2,73,254/- awarded
by the Tribunal together with interest thereon at
the rate of 6% per annum from the date of petition
till its realization.
iv. The Insurer/Respondent No.2 is directed to satisfy
the award at first instance, within a period of sixty
days from the date of this order subject to their
right of recovering the said amount from the
insured/Respondent No.1 under 'Pay and Recover'
principle.
v. Draw a modified award accordingly.
vi. The registry is directed to send back the trial court
record to concerned Tribunal, forthwith.
Sd/-
(B. MURALIDHARA PAI)
JUDGE
RKM, Ct-cmu
LIST NO.: 1 SL NO.: 29
