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Karnataka High Court
Virupakshi vs Channappa And Anr on 22 January, 2026
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NC: 2026:KHC-K:452
MFA No. 203432 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.203432 OF 2023 (MV-I)
BETWEEN:
VIRUPAKSHI S/O DUNDAPPA KORI,
AGE:41 YEARS, OCC: COOLIE,
R/O. TIKOTA,
TQ. AND DIST. VIJAYAPURA-586 130.
...APPELLANT
(BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. CHANNAPPA S/O MAHADEV SOLASI,
Digitally signed
by LUCYGRACE AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
Location: HIGH R/O. SHIVAYOGI NAGAR, VIJAYAPURA ROAD,
COURT OF ATHANI, DIST. BELAGAVI-591 304.
KARNATAKA
2. THE BRANCH MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, HERALAGI BUILDING,
BEHIND SIDDESHWAR TEMPLE,
VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI RAHUL R. ASTURE, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
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NC: 2026:KHC-K:452
MFA No. 203432 of 2023
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO A) MODIFY THE IMPUGNED
JUDGEMENT AND AWARD DATED 28.09.2022 PASSED IN MVC
NO.244/2018 ON THE FILE OF THE COURT OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.XII, VIJAYAPURA AT
VIJAYAPURA AND ALLOW THIS APPEAL TO ENHANCED THE
COMPENSATION AMOUNT BY RS.14,40,000/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE COURT. B)
TO SET ASIDE THE IMPUGNED AND AWARD IN RESPECT OF
DEDUCTING THE 60% OF THE AWARD AMOUNT AND TO
ALLOW THE APPEAL. C) ORDER FOR COSTS OF THIS APPEAL.
D)PASS SUCH OTHER ORDERS DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Heard the learned counsel appearing for the parties.
2. This appeal is preferred by the claimant
challenging the judgment and award dated 28.09.2022, in
MVC No.244/2018, on the file of the learned III Additional
Senior Civil Judge and Motor Accident Claims Tribunal
No.XII at Vijayapur (hereinafter referred to as 'Tribunal'),
on both ground i.e., liability and compensation.
NC: 2026:KHC-K:452
HC-KAR
3. For the sake of brevity, the parties in the
appeal shall be referred to in terms of their status and
ranking before the Tribunal.
4. It is the case of the claimant that, on
29.09.2017, the claimant was riding his motorcycle
bearing registration No.KA-28/EK-5289 towards Athani
bypass from water tank side and at that time, the maxicab
bearing registration No.KA-23/5715, abruptly stopped the
same, without any signal and thereby, the motorcycle
being ridden by the claimant dashed to the maxicab,
resulting in injuries to the claimant. Hence, the claimant
has filed MVC No.244/2018 seeking compensation.
5. The claim petition was contested by the
respondents therein. The Tribunal after considering the
material on record and the evidence of PW.1 and RW.1,
has arrived at conclusion that, the claimant has
contributed to an extent of 60% insofar as the accident is
concerned and thereby, awarded compensation of
Rs.1,50,000/- and 60% of the same would be
NC: 2026:KHC-K:452
HC-KAR
Rs.60,000/- by fastening contributory liability on the rider
of the motorcycle.
6. Having taken note of the submission made by
the learned counsel appearing for the parties, spot
panchanama produced at Ex.P5 and also the wound
certificate produced at Ex.P3, I am of the view that the
claimant has made out a case for interference of this
appeal. Taking into consideration the evidence on record,
the contributory negligence on the part of the claimant has
to be taken at 50% and global compensation of
Rs.2,00,000/- is awarded to the claimant. Accordingly,
the appellant/claimant is entitled for 50% of the same i.e.,
Rs.1,00,000/- as compensation to be payable by the
respondent - Insurance Company.
7. In the result, I pass the following:
ORDER
I. The appeal is allowed in part.
NC: 2026:KHC-K:452
HC-KAR
II. The appellant/claimant is entitled for global
compensation of Rs.1,00,000/- with interest at
the rate of 6% per annum from the date of
petition till the date of realization in addition to
the compensation awarded by the Tribunal.
III. Respondent No.2 - Insurance Company is
directed to deposit the aforesaid compensation
amount within three months from the date of
receipt of certified copy of this judgment.
IV. As per the order passed by this Court dated
05.10.2023, the appellant/claimant is not
entitled for interest for the delayed period of 239
days in filing the appeal.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 30
Ct:pk
