[Cites 1, Cited by 0]
Karnataka High Court
Kashinath vs M/S Kataraia Movers on 23 February, 2026
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MFA No. 201631 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 201631 OF 2024 (MV-I)
BETWEEN:
KASHINATH S/O ASHOK HUGAR,
AGE: 23 YEARS, OCC: SERVING IN FLIPKART,
RESIDENT OF HATTARKIHAL, TQ. B. BAGEWADI,
DIST. VIJAYAPURA-586122.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
Digitally signed by
SHILPA R 1. M/S KATARAIA MOVERS,
TENIHALLI FIRST FLOOR WARD NO.11,
Location: HIGH GHORPADE NAGAR THORANGALLU,
COURT OF
KARNATAKA TQ. SANDUR, DIST. BELLARY-583123.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LIMITED,
1ST FLOOR SANGAMA BUILDING,
S. S. FRONT ROAD VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
V/O DTD.19.06.2024 NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 201631 of 2024
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEALL AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION BY MODIFYING THE
JUDGEMENT AND AWARD DATED 04.07.2023 PASSED BY THE
COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER
MACT-V, AT VIJAYAPURA, IN MVC NO.4/2022.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. This appeal is preferred by the claimant assailing
the Judgment and award dated 04.07.2023 passed in MVC
No.4/2022 on the file of the Principal Senior Civil Judge and
MACT-V, at Vijayapura (for short 'the Tribunal') awarding
compensation.
2. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
3. The relevant facts for adjudication of the appeal
are that, the claimant was riding an unnumbered motorcycle
bearing Chassis No.MBLHAW121M4403076 towards
Hattarkihal from Vijayapura and at that time, a tanker lorry
bearing registration No.KA-35/C-0442 which was being
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parked in the middle of the road and as such, the rider of the
motorcycle dashed to the Tanker and as a result of the
same, the claimant sustained grievous injuries. Hence, the
claimant has filed MVC No.4/2022 seeking compensation.
4. On service of notice, the respondent No.2 entered
appearance and contested the matter on merits. The
Tribunal after considering the material on record by its
Judgment and award dated 04.07.2023 awarded
compensation of Rs.3,32,000/- along with interest at the
rate of 6% per annum from the date of petition till date of
realization. The Tribunal has arrived at a conclusion that the
claimant has contributed to the negligence to an extent of
70% as to the alleged accident and the driver of the Tanker
lorry has contributed to the negligence to an extent of 30%.
Feeling aggrieved by the same, the claimant has preferred
the present appeal.
5. Sri. Sanganagouda V. Biradar, learned counsel
appearing for the appellant contended that, the Tanker lorry
was parked in the middle of the road without there being
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parking lights and therefore, the Tribunal ought to have
fastened the entire liability on the driver of the lorry in
question and therefore, sought for interference of this Court.
It is also argued by the learned counsel for the appellant
seeking enhancement of the compensation. Further, learned
counsel places reliance on the Judgment of the Hon'ble
Supreme Court in the case of Civil Appeal No.7300-
7309/2016 dated 09.02.2018 [Archit Saini and another
Vs. The Oriental Insurance Company Ltd., and others]
and argued that, entire liability is to be fastened on the
driver of the lorry as the same was parked in the middle of
the lorry.
6. Per contra, Sri.S.S.Aspalli, learned counsel
appearing for the respondent-Insurance company argued in
support of the impugned Judgment and award passed by the
Tribunal.
7. Having taken note of the submission made by the
learned counsel appearing for the parties, on careful
examination of the material on record would indicate that,
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the motorcycle in which the claimant was riding is yet to be
registered. It is also forthcoming from the records that the
claimant has been charge-sheeted by the police authorities
as to the negligence on the part of the claimant. It is also
forthcoming that the driver of the lorry also charge-sheeted
in the alleged accident. The Tribunal after considering the
material on record particularly at Ex.P.7 and the spot
panchanama at Ex.P.3, has rightly arrived at a conclusion
that the rider of the motorcycle and the driver of the lorry in
question have contributed towards the alleged accident. The
Tribunal having noticed from the investigation report as per
Ex.P.7, has fastened liability on the claimant to an extent of
70%. Though the learned counsel appearing for the appellant
submitted that, the lorry in question was parked in the
middle of the road, however, on perusal of the spot
panchanama would makes it clear that, the rider of the
motorcycle ought to avoided collusion with the lorry in
question and therefore, I am of the view that both, the rider
of the motorcycle and the driver of the lorry in question have
contributed to an extent of 50:50 to the alleged accident.
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8. Having taken note of the finding recorded by the
Tribunal and by looking into the spot mahazar, I am of the
view that, the Judgment referred to by the learned counsel
for the appellant cannot be made applicable to the facts of
the present case.
9 Insofar as the award of compensation is
concerned, P.W.2-treating Doctor has stated that, the
claimant has suffered disability to an extent of 18-20% as to
the limb and the Tribunal has taken 6% disability. However,
looking into the nature of the injuries, the Tribunal ought to
have taken the disability at 10%. Since the accident is of the
year 2021, the monthly income of the claimant would be
Rs.14,250/- as per the guidelines of the Karnataka State
Legal Services Authority. By applying appropriate multiplier
of '18', the claimant is entitled for Rs.3,07,800/-
(Rs.14,250/- X 12 X 18 X 10%) towards loss of future
income. By looking into the grievous injuries sustained by
the claimant and as per the disability certificate at Ex.P.12,
the award of compensation as to the remaining heads are as
follows:
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Sl.No. Heads of compensation Amount
1 Loss of future income Rs.3,07,800/-
2 Pain and sufferings Rs.50,000/-
3 Medical expenses Rs.1,15,411/-
4 Conveyance Rs.20,000/-
5 Loss of income during laid up Rs.57,000/-
period
6 Loss of amenities Rs.50,000/-
Total Rs.6,00,211/-
10. Accordingly, the following order:
ORDER
(i) The appeal is allowed in-part;
(ii) The Judgment and award dated
04.07.2023 passed in MVC No.4/2022 on the file
of the Principal Senior Civil Judge and MACT-V, at
Vijayapura is hereby modified;
(iii) The contributory negligence of the
claimant and the driver of the vehicle in question
is saddled in the ratio of 50:50, respectively;
(iv) The claimant is entitled for 50% of the
total compensation of Rs.6,00,211/- along with
interest at the rate of 6% per annum from the
date of petition till the date of realization;
(v) The respondent No.2-Insurance
company is liable to pay 50% of the total
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compensation of Rs.6,00,211/- along with
interest within six weeks from the date of this
order;
(vi) As per the order dated 19.06.2024 the
claimant is not entitled for interest for the
delayed period of 180 days in filing the appeal.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 47
