[Cites 1, Cited by 0]
Karnataka High Court
Sangappa Ishwar Biradar vs Kalavati Manoj Taragal And Anr on 23 January, 2026
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MFA No. 202054 of 2022
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. 202054 OF 2022 (MV-I)
BETWEEN:
SANGAPPA ISHWAR BIRADAR,
AGE: 28 YEARS, OCC:SECURITY GUARD,
R/O. ITTANGIHAL,
VIJAYAPUR - 586 101.
...APPELLANT
(BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. KALAVATI MANOJ TARAGAL,
AGE: MAJOR,
OCC.BUSINESS AND OWNER OF CAR BEARING
NO.KA-28P-9209),
Digitally signed R/O. MUKUND NAGAR, STATION ROAD,
by LUCYGRACE VIJAYAPUR - 586 101.
Location: HIGH
COURT OF 2. TATA AIG GENERAL INSURANCE CO. LTD.,
KARNATAKA UNIT NO.2 AND 3, 2ND FLOOR,
SHREE KRISHNA COMPLEX,
VIJAYAPUR - 586 101.
...RESPONDENTS
(BY SRI S.S. ASPALLI, ADVOCATE FOR R2;
V/O DTD. 18.10.2022 NOTICE TO R1 IS DISPENSED WITH )
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE CONTRIBUTE
NEGLIGENCE AT 50% AND FIXED ENTIRE LIABILITY SHIFTED TO
RESPONDENT NO 2 INSURANCE COMPANY AND MODIFYING THE
JUDGMENT AND AWARD DATED 23.02.2022 PASSED BY THE COURT
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MFA No. 202054 of 2022
HC-KAR
OF MOTOR ACCIDENT CLAIMS TRIBUNAL-XV, AT VIJAYAPURA IN
MVC NO.1450/2019.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsels for the parties.
2. This appeal is preferred by the claimant assailing
the Judgment and award dated 23.02.2022 passed in MVC
No.1450/2019 by the Motor Accident Claims Tribunal No.XV,
Vijayapura (for short 'the Tribunal') granting compensation
to the claimant.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
4. It is the case of the claimant that, on 11.06.2019,
the claimant was riding the motorcycle bearing registration
No.KA-28/EU-2690 at Ittangihal cross at Vijayapura. At that
time, a car bearing registration No.KA-28/P-9209 came from
opposite direction and dashed to the motorcycle of the
claimant and as a result of the same, the claimant sustained
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HC-KAR
grievous injuries. Hence, the claimant has filed MVC
No.1450/2019 seeking compensation. The claim petition was
contested by the respondents.
5. In order to establish their case, the claimant has
examined two witnesses as P.W.1 and P.W.2 and got marked
13 documents as Ex.P1 to Ex.P.13. No oral evidence was
adduced by the respondent. However, Insurance policy has
marked as Ex.R.1. The Tribunal after considering the
material on record, apportioned the liability to an extent of
50%, to each of the vehicle in question holding that the
claimant has also contributed towards the alleged accident to
an extent of 50%. The Tribunal has awarded compensation
of Rs.92,000/- along with interest at the rate of 6% per
annum from the date of the petition till realization. Being
aggrieved by the liability to an extent of 50% and seeking
enhancement of compensation, the claimant has preferred
this appeal.
6. I have heard Sri.Sanganagouda V. Biradar,
learned counsel appearing for the appellant and Sri.
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HC-KAR
S.S.Aspalli, learned counsel appearing for the respondent
No.2.
7. Sri. Sanganagouda V. Biradar, learned counsel
appearing for the appellant by inviting the attention of the
Court to Ex.P.6-chargesheet, wherein, it is clearly stated that
the alleged accident was solely happened on account of the
negligence of the driver of the car and therefore submitted
that the tribunal has committed an error in fastening the
liability to an extent of 50% to the claimant. It is also argued
by the learned counsel appearing for the appellant that the
award of compensation is meager and it requires to be
enhanced in this case.
8. Per contra, Sri. S.S.Aspalli, learned counsel
appearing for the respondent No.2-Insurance company,
submitted that the charge-sheet has been filed against the
claimant being a rider of the motorcycle and also upon the
driver of the car involved in the above accident, would
makes it clear that the claimant has also contributed towards
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the alleged accident and accordingly sought to justify the
impugned judgment and award passed by the Tribunal.
9. In the light of the submission made by the
learned counsel appearing for the parties and on careful
consideration of the charge-sheet produced at Ex.P.6 would
makes it clear that the claimant being a rider of the
motorcycle and the driver of the car, have contributed
towards the alleged accident. However, taking into
consideration the discussions made insofar as to the
involvement of the motorcycle in the alleged accident is
concerned, I find force in the submission made by the
learned counsel appearing for the appellant that, the Tribunal
ought to have fastened liability to an extent of 25% on the
claimant for contributing towards the alleged accident, since
the offending vehicle is the four wheeler and the driver of the
car ought to have cautiously drove the same. Hence, the
liability is saddled to an extent of 25% on the claimant and
remaining 75% on the driver of the car in question.
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HC-KAR
10. Insofar as the quantum of compensation is
concerned, the accident is of the year 2019 and as per the
guidance of the Karnataka Legal Services Authority, the
monthly income of the claimant has to be taken at
Rs.13,250/- per month. Applying the appropriate multiplier
of '18' as per the Judgment of Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
reported in (2009) 6 SCC 121 and taking into
consideration the disability to the extent of 10% by looking
into the injuries sustained by the claimant as per the wound
certificate produced at Ex.P.5, the claimant is entitled for a
sum of Rs.2,86,200/- (Rs.13,250/- X 12 X 18 X 10%).
11. Insofar as the amount of compensation towards
other heads is concerned, this Court finds it reasonable to
award a sum of Rs.50,000/- towards pain and sufferings,
Rs.10,000/- towards food, nourishment and special diet, a
sum of Rs.39,750/- towards loss of income during laid up
period and Rs.25,000/- towards loss of amenities of life. The
amount awarded by the Tribunal insofar as the medical bills
is correct. Hence, compensation is reassessed as under:
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HC-KAR
Sl.No. Heads of compensation Amount
1 Injuries, pain and suffering Rs.50,000/-
2 Medical bills Rs.8,082/-
3 Food, nourishment, special diet Rs.10,000/-
4 Loss of future earning capacity Rs.2,86,200/-
5 Loss of income during laid up Rs.39,750/-
period (Rs.13,250/- X 3 months)
6 Loss of amenities of life Rs.25,000/-
Total Rs.4,19,032/-
12. Accordingly, the following order:
ORDER
(i) The appeal is allowed in-part;
(ii) The claimant is entitled for total
compensation of Rs.4,19,032/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization, as against
Rs.92,000/- awarded by the tribunal;
(iii) The contributory negligence is modified
to an extent of 25% on the claimant/appellant
therein and remaining 75% on the driver of the car
(respondent No.1);
(iv) The respondent No.2-Insurance
company is directed to indemnify the respondent
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No.1 (owner of the vehicle in question) to an
extent of 75%.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 29
CT:PK
