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Karnataka High Court
Gangappa S/O Somappa Goudar vs Kureppa And Anr on 23 January, 2026
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MFA No. 200479 of 2020
C/W MFA No. 201779 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.200479 OF 2020 (MV-I)
C/W
MISCL. FIRST APPEAL NO.201779 OF 2018 (MV-I)
IN MFA No.200479/2020:
BETWEEN:
GANGAPPA S/O SOMAPPA GOUDAR,
AGED: 53 YEARS, OCC: SHETKI NOW,
R/O. KAMALAPUR, TQ. SHORAPUR,
DIST. YADGIR.
...APPELLANT
(BY SRI G. B. YADAV, ADVOCATE)
Digitally signed AND:
by LUCYGRACE
Location: HIGH 1. KUREPPA S/O BHEEMAPPA,
COURT OF AGE: 40 YEARS,
KARNATAKA R/O. KODEKAL, TQ. SHORAPUR,
DIST. YADGIR-586 223.
2. MANAGING DIRECTOR,
UNITED INSURANCE COMPANY NIYAMIT,
GULBARGA BRANCH AT YADGIRI-586 201,
INSURANCE POLICY NO.2402003115
P115401222 FROM 16.03.2016 TO 15.03.2017).
...RESPONDENTS
(BY SRI SANJAY M. JOSHI, ADVOCATE FOR R2;
V/O DTD. 30.08.2024, NOTICE TO R1 IS HELD SUFFICIENT)
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MFA No. 200479 of 2020
C/W MFA No. 201779 of 2018
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO, CALL FOR THE RECORDS IN MVC
NO.159/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT
SHORAPUR AND ALLOW THE APPEAL BY SUITABLY ENHANCING
THE AMOUNT AWARDED BY GRANTING THE AMOUNT CLAIMED
AND MODIFY THE JUDGMENT AND AWARD DATED 08.03.2018
ACCORDINGLY. AND GRANT SUCH OTHER RELIEFS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, INCLUDING COSTS.
IN MFA NO.201779/2018:
BETWEEN:
MANAGING DIRECTOR,
UNITED INSURANCE COMPANY NIYAMIT,
GULBARGA BRANCH AT YADGIR,
NOW REPRESENTED BY THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
KALABURAGI DIVISION AT KALABURAGI.
...APPELLANT
(BY SRI SANJAY M. JOSHI, ADVOCATE)
AND:
1. GANGAPPA S/O SOMAPPA GOUDAR,
AGE:51 YEARS, OCC: SHETKI, NOW NIL,
R/O. KAMALAPUR,
TQ.SHORAPUR, DIST.YADGIR.
2. KUREPPA S/O BHEEMAPPA,
AGE: 38 YEARS,
R/O. KODEKAL, TQ.SHORAPUR,
DIST.YADGIR-585 237.
...RESPONDENTS
(BY SRI G.B. YADAV, ADVOCATE FOR R1;
R2 SERVED)
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MFA No. 200479 of 2020
C/W MFA No. 201779 of 2018
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR ENTIRE
RECORDS IN MVC NO.159/2017, ON THE FILE OF THE
SENIOR CIVIL JUDGE, AND MACT AT SHORJAPUR AND SET
ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
08.03.2018, GRANTING COMPENSATION OF RS.6,76,000/-
IN SO FAR AS IT SADDLES THE LIABILITY OF 100% OF
THE SAID AMOUNT WITH 6% THEREON IS FIXED UPON
THE APPELLLANT INS.CO.AND SEEKS THE SAID LIABILITY
TO BE FIXED UPON THE ORIGINAL RESPONDENT NO.1/THE
RESPONDENT NO.2 THEREIN, BY EXONERATING THE
APPELLANT INSURANCE COMPANY THE SAID LIABILITY.
AND FURTHER THIS HON'BLE COURT BE PLEASED TO HOLD
THAT THE AWARD OF COMPENSATION EVEN IF IS
DIRECTED TO BE PAID BY THE APPELLANT INSURANCE
COMPANY THE APPELLANT INSURANCE COMPANY BE AND
IS ENTITLED TO RECOVER THE SAME FROM THE ORIGINAL
RESPONDENT NO.1/RESPONDENT NO.2 HEREIN, IN SO FAR
AS THE SAME HAS BEEN SADDLED UPON THE APPELLANT
INSURANCE COMPANY.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
These appeals are arising out of the judgment and
award dated 08.03.2018 in MVC No.159/2017, on the file
of learned Senior Civil Judge and AMACT at Shorapur
(hereinafter referred to as 'Tribunal'), awarding
compensation to the claimant.
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HC-KAR
2. For the sake of brevity, the parties in the
appeals shall be referred to in terms of their status and
ranking before the Tribunal.
3. It is the case of the claimant that, on
09.08.2016, the claimant was proceeding in a motorcycle
bearing registration No.KA-37/V-7109 on Hulikeri -
Kodekal main road and at that time, another motorcycle
bearing registration No.KA-36/W-4273 came from opposite
side and dashed to the motorcycle of the claimant. As a
result of the same, the claimant has sustained grievous
injuries. Hence, the claimant has filed MVC No.159/2017
seeking compensation.
4. The claim petition was contested by the
respondents therein. In order to establish their case, the
claimant has examined two witnesses as PW.1 and PW.2
and got marked 11 documents as Exs.P1 to P11. The
respondents have examined one witness as RW.1 and got
marked five documents as Exs.R1 to R5. The Tribunal
after considering the material on record, by its judgment
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HC-KAR
and award dated 08.03.2018, awarded compensation of
Rs.6,76,000/- with interest at the rate of 6% per annum
from the date of claim petition till its realization. Feeling
aggrieved by imposing liability on the vehicle in question,
the Insurance Company has preferred MFA
No.201779/2018, questioning the liability as well as
quantum. The claimant has filed MFA No.200479/2020
seeking enhancement of compensation.
5. Heard Sri Sanjay M. Joshi, the learned counsel
appearing for the appellant - Insurance Company and
Sri G.B.Yadav, the learned counsel appearing for the
appellant - Claimant.
6. It is contented by Sri Sanjay M. Joshi, the
learned counsel appearing for the appellant - Insurance
Company that, the respondent No.1 has not produced the
driving licence as to the vehicle in question and therefore,
there is violation of the terms of the policy. Therefore, he
sought for interference of the Court. It is also argued by
the learned counsel appearing for the Insurance Company
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HC-KAR
that, award of compensation is on the higher side, which
required to be interfered with in this appeal.
7. Per contra, Sri G.B.Yadav, the learned counsel
appearing for the appellant/claimant sought to justify the
finding recorded by the Tribunal, as to the liability imposed
on the Insurance Company to indemnify respondent No.1
and also further argued for enhancement of the
compensation.
8. In the light of the submission made by the
learned counsel appearing for the parties, there is no
dispute as to the occurrence of the accident on
09.08.2016, in which the claimant has sustained grievous
injuries as per the wound certificate and discharge
summary produced at Exs.P4 and P5 respectively. The
disability report is also produced at Ex.P9. Taking into
consideration the factual aspects on record, as to the
liability is concerned, though the Insurance Company has
raised the contention that, the rider of the motorcycle did
not possess the driving licence, however, that itself would
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HC-KAR
not absolve the Insurance Company to pay the
compensation to the claimant and thereafter, recover from
the owner of the vehicle in question (respondent No.1
before the Tribunal). Therefore, I am of the view that,
there is no impediment for the Insurance Company to
deposit the award of compensation.
9. Insofar as the quantum of compensation is
concerned, considering the documents referred to above
and the grievous injuries sustained by the claimant and
also taking into consideration the age of the claimant as
50 years as on the date of the accident, the relevant
multiplier applicable is 13 as per the judgment of the
Hon'ble Supreme Court in the case of Sarla Verma Vs.
Delhi Transport Corporation, reported in (2009) 6 SCC
121 and that apart, taking into consideration the
guidelines issued by the Karnataka State Legal Services
Authority, monthly income of the claimant during the year
2016 is to be determined at Rs.8,750/-. Accordingly, the
claimant is entitled for loss of future income of
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HC-KAR
Rs.2,73,000/-(Rs.8,750x13x12x20%).
10. The claimant is entitled for compensation of
Rs.40,000/- towards loss of amenities and Rs.1,00,000/-
towards pain and suffering. The claimant is also entitled
for Rs.15,000/- towards food and nourishment and
Rs.15,000/- towards conveyance charges. The claimant is
entitled for compensation towards loss of earning during
laid up period for a period of three months at the rate of
Rs.26,250/- (Rs.8,750x3). The medical bills for
Rs.2,71,106/- is produced before the Tribunal and the
same is accepted. Accordingly, the quantum of
compensation requires to be reassessed as follows:
Heads Amount
Pain and suffering Rs.1,00,000/-
Loss of earnings during laid up Rs.26,250/-
period
Loss of amenities Rs.40,000/-
Loss of future of earnings Rs.2,73,000/-
Towards food and nourishment Rs.15,000/-
charges
Towards conveyance charges Rs.15,000/-
Medical bills Rs.2,71,106/-
Total Rs.7,40,356/-
Less: awarded by Tribunal Rs.6,76,000/-
Enhancement Rs.64,356/-
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HC-KAR
Thus, the clamant is entitled for enhanced
compensation of Rs.64,356/- rounded of to Rs.64,400/-
with interest at the rate of 6% per annum.
11. In the result, I pass the following:
ORDER
I. The appeal filed the appellant/Insurance
Company in MFA No.201779/2018 is hereby
dismissed.
II. The appeal filed by the appellant/claimant in
MFA No.200479/2020 is hereby allowed in part.
III. The appellant/claimant is entitled for enhanced
compensation of Rs.64,400/- with interest at
the rate of 6% per annum from the date of
petition till the date of realization.
IV. The appellant - Insurance Company is directed
to satisfy the award amount within six weeks
from the receipt of certified copy of this
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HC-KAR
judgment and thereafter, recover the same from
the respondent No.1, rider of the motorcycle in
question.
V. The amount in deposit, if any, be transmitted to
the Tribunal.
VI. In view of the order dated 26.09.2024, the
claimant is not entitled for interest for the
delayed period of 638 days caused in filing the
appeal.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 5
Ct:pk
