Yallawwa D/O Mareppa Madar Vs Vittal S/O Kariyappa Gulli

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NC: 2025:KHC-D:10823 MFA No. 100074 of 2014 C/W MFA No. 100075 of 2014

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100074 OF 2014 C/W MISCELLANEOUS FIRST APPEAL NO. 100075 OF 2014

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IN MFA NO. 100074 OF 2014

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BETWEEN:

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SMT. PREMA W/O MAHADEV METRI AGE: 29 YEARS, OCC: NOW NIL, R/O: HULAKUND, TAL. GOKAK NOW R/AT: HIRUR VILLAGE TQ. SOUNDATTI, DIST. BELAGAVI.

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…APPELLANT

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(BY SMT. SHAILA BELLIKATTI, ADV)

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AND:

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SRI. VITTAL KARIYAPPA GULLI AGE: MAJOR, OCC: AGRICULTURE R/O : DHUPADAL KARLKATTI TAL : SAUDATTI, DIST. BELAGAVI.

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Digitally signed by MOHANKUMARB SHELAR MOHANKUMARB SHELARDate: 2025.09.01 10:53:01 +0530

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IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.127/A, BHAVANI ARCADE, 3^RD FLOOR, 306, 307 & 308, NEAR OLD BUS STAND, OPP BASAVA VANA NEW COTTON MARKET, HUBLI-580029, DIST. DHARWAD.

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…RESPONDENTS

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(BY SRI. SANTOSH S HATTIKATAGI, ADV FOR R1, SRI. R.R. MANE, ADV FOR R2)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED 16.07.2011, PASSED IN MVC NO.2773/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2025:KHC-D:10823 MFA No. 100074 of 2014 C/W MFA No. 100075 of 2014

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HC-KAR

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IN MFA NO. 100075 OF 2014

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BETWEEN:

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SMT. YALLAWWA D/O MAREPPA MADAR AGE : 55 YEARS, OCC: NOW NIL R/O : HIRUR VILLAGE, TAL : SAUDATTI, DIST: BELAGAVI.

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…APPELLANT

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(BY SMT. SHAILA BELLIKATTI, ADV)

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AND:

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SRI. VITTAL S/O KARIYAPPA GULLI AGE: MAJOR, OCC: AGRICULTURE R/O : DHUPADAL, KARLKATTI TAL : SAUNDATTI, DIST: BELAGAVI.

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IFFICO-TOKIO GENERAL INSURANCE CO. LTD., NO.127/A, BHAVANI ARCADE, 3^RD FLOOR, 306, 307 & 308, NEAR OLD BUS STAND, OPP: BASAVA VANA NEW COTTON MARKET, HUBLI-580029, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI. RAVINDRA R. MANE, ADV FOR R2, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 1607.2011, PASSED IN MVC NO.2775/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, SAUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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3 - NC: 2025:KHC-D:10823 MFA No. 100074 of 2014 C/W MFA No. 100075 of 2014

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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These Miscellaneous First Appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as “M.V.Act” for short) by the petitioners challenging the common judgment and award dated 16.07.2011 passed in MVC Nos.2773 and 2775 of 2009 by the Additional Senior Civil Judge and Additional MACT, Saundatti.

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For convenience, the parties are referred based on their ranking before the Tribunal.

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Brief facts leading rise to the filing of this appeal, are as follows:

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On 14.10.2009, the petitioners were travelling in

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a 407 Maxi-cab bearing Reg.No.KA-23/6933. The driver of the Maxi-cab lost control over the vehicle and dashed to the roadside tree. As a result, the accident occurred, and the petitioners sustained grievous injuries. Hence, the

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NC: 2025:KHC-D:10823 MFA No. 100074 of 2014 C/W MFA No. 100075 of 2014

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HC-KAR

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petitioners filed the claim petitions under Section 166 of the M.V.Act seeking compensation.

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Respondent No.1 filed a written statement admitting that he is the registered owner of the offending vehicle. It is contended that the driver of the offending vehicle possessed a valid and effective driving licence, and policy was in force. Hence, prays to dismiss the claim petition against the owner of the vehicle.

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Respondent No.2-Insurance Company filed a statement of objections denying the averments made in the claim petition. It is contended that the driver of the offending vehicle did not possess a valid and effective driving licence as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company.

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The Tribunal, based on the pleadings of the parties, clubbed both claim petitions together, and framed relevant, separate issues.

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HC-KAR

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Petitioners, to substantiate their case, petitioner in MVC No.2773/2009 was examined as P.W.1, and the petitioner in MVC No.2775/2009 was examined as P.W.2, and marked 28 documents as Exs.P1 to P28. In rebuttal, the Insurance Company did not lead any oral evidence, but marked the insurance policy as Ex.R1 with the consent. The Tribunal, after assessing the verbal and the documentary evidence allowed the claim petitions in part, and awarded the compensation of Rs.74,000/- to the petitioner in MVC No.2773/2009 and Rs.52,600/- to the petitioner in MVC No.2775/2009.

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The petitioners, being dissatisfied with the quantum compensation awarded by the Tribunal, filed these appeals.

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Heard the arguments of the learned counsel for the petitioners and the learned counsel for the Insurance Company.

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NC: 2025:KHC-D:10823 MFA No. 100074 of 2014 C/W MFA No. 100075 of 2014

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HC-KAR

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The learned counsel for the petitioners submits

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that the compensation awarded by the Tribunal is on the lower side, and prays to enhance the compensation.

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Per contra, the learned counsel for the Insurance Company submits that the compensation awarded by the Tribunal is just and proper, and do not call for any interference by this court.

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Perused the records and considered the

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submissions of the learned counsel for the parties. The point that arises for consideration is regarding the quantum of compensation.

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There is no dispute that the petitioners sustained the grievous injuries in a road traffic accident, and the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The petitioner in MVC No.2773/2009 has sustained grievous injuries all over the body. She was admitted to the hospital as an inpatient from 14.10.2009 to 23.10.2009. The petitioner in MVC

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HC-KAR

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No.2775/2009 had also sustained grievous injuries all over

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the body. Admittedly, the petitioners have not examined the doctor to prove the disability. However, considering the documents produced by the petitioners, this court is of the opinion that the petitioners are entitled for a global compensation. Accordingly, this court proceed to pass the following:

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ORDER

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i) The appeals filed by the petitioners are allowed in part.

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ii) The common judgment and award dated 16.07.2011 passed in MVC Nos.2773 and 2775 of 2009 by the Additional Senior Civil Judge and Additional MACT, Saundatti, is hereby modified.

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iii) The petitioner in MVC No.2773/2009 is entitled to a global compensation of Rs.1,50,000/- and the petitioner in MVC No.2775/2009 is entitled to a

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NC: 2025:KHC-D:10823 MFA No. 100074 of 2014 C/W MFA No. 100075 of 2014

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HC-KAR

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global compensation of Rs.1,00,000/with

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interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

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iv) However, the petitioners are not entitled for the interest for the delayed period of 771 days in filing the appeals.

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v) Respondent Nos.1 and 2 are jointly and severally liable to pay the compensation to the petitioners.

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vi) Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount with accrued interest within a period of eight weeks from the date of receipt of a certified copy of this judgment.

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SD/(ASHOK S. KINAGI) JUDGE

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MBS CT: BSB List No.: 1 Sl No.: 0

Yallawwa D/O Mareppa Madar v. Vittal S/O Kariyappa Gulli

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Yallawwa D/O Mareppa Madar v. Vittal S/O Kariyappa Gulli

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