Balachandra Gajanan Bhat Vs Ganesh S/O Shekhar S/O Gandhinagar

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1 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100473 OF 2015 (MV-I)

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BETWEEN:

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BALACHANDRA GAJANAN BHAT AGED: 30 YEARS, OCC: BUSINESS and PRIEST, R/O. KHARVA, TQ: HONAVAR, NOW RESIDING AT BHARATI NAGAR, KARWAR, DIST: UTTARA KANNADA.

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…APPELLANT

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(BY SRI. GANAPATI M. BHAT, ADVOCATE)

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AND:

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GANESH S/O. SHEKHAR BUSINESS, R/O. GANDHINAGAR, POST: MARVANTE, TALUK: KUNDAPUR, UDUPI DISTRICT.

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MOHANKUMAR B SHELAR

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Location: HIGH COURT OF KARNATAKA

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., SAVITRI SADAN, OPP: KITTLE COLLEGE, DHARWAD, (P.NO.672200/31/05/10389)

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SHRIDHAR N.S. SHINA KULAL, BUSINESS, R/O. NAGARKODUGE, POST: HANIYA, TQ: HOSANAGAR, DIST: SHIMOGA

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DIVISIONAL MANAGER UNITED INDIA INSURANCE CO.LTD., KAIKANI ROAD, KARWAR (P.NO.240042/31/05/08159)

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…RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R4; SRI. N.R. KUPPELUR, ADVOCATE FOR R2; R1 AND R3 ARE SERVED)

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2 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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THIS MFA FILED U/S 173(1) OF MV ACT 1988, PRAYING TO CALL FOR THE RECORDS AND TO MODIFY THE JUDGMENT AND AWARD DATED 28.11.2014 PASSED BY THE 1^ST ADDITIONAL M.A.C.T. KARWAR IN MVC NO.115/2010 AND ENHANCE THE COMPENSATION AS PRAYED FOR BY ALLOWING THE APPEAL AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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

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ORAL JUDGMENT

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This appeal is filed by the petitioner, being

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dissatisfied with the quantum of compensation awarded by the learned 1^st Addl. M.A.C.T., Karwar (for short ‘the Tribunal’) vide Judgment dated 28.11.2014 passed in MVC No.115/2010.

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

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On 17.04.2006, the petitioner intended to travel to his native place from Ramchandrapura Math. Respondent No.3 was directed to give a lift to the petitioner to his native place. Accordingly, the petitioner was traveling with

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3 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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respondent No.3, who was riding the motorcycle bearing reg.no.KA-17/L-476, slowly and cautiously. When they reached near Karanagiri High School, another motorcycle bearing reg.no. KA-30/R-9033, coming at a high speed in a zigzag manner, and dashed to the motorcycle. As a result, the road traffic accident was occurred and the petitioner sustained injuries. Hence, filed the claim petition under Sec. 166 of the Motor Vehicles Act for compensation to the injuries sustained by him in the said road traffic accident.

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Respondent No.1 filed a statement of objections, contending that the accident occurred due to the rash and negligent driving of the motorcycle bearing registration No.KA-17/L-476, and denied all the averments made in the claim petition. It is further contended that the motorcycle bearing Reg.No.KA-30/R-9033 is insured with Respondent No.2- insurance company, as of the date of the accident and hence, prays to dismiss the claim petition against him.

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4 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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Respondent No.2 filed a separate written

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statement admitting that the vehicle belonged to him respondent no.1-owner was insured with the respondentno.2-insuarance company on the relevant date. He contended that the accident was occurred due to the negligence on the part of the rider i.e. respondent no. 3. Hence, prays to dismiss the claim petition against the respondent No.2.

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Respondent No.3 filed a statement of objections denying the averments made in the claim petition and contended that the rider of the motorcycle bearing registration No.KA-20/R-9033 was responsible for cause of accident, as he was riding the vehicle in a rash and negligent manner. It was further contended that an FIR was registered against the rider of the motorcycle bearing registration No.KA-20/R-9033, but later the police, in collusion with the rider and the owner of the motorcycle bearing registration No.KA-20/R-9033, filed the false chargesheet against the rider of the motorcycle bearing

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5 -

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NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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registration No.KA-17/L-476. Hence, prays to dismiss the claim petition against the respondent No.3.

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The Insurance Company of motorcycle bearing registration No.KA-17/L-476 filed a statement of objection denying the averments made in the claim petition. It was contended that the rider of the motorcycle was not possessing a valid and effective driving license as of the date of the accident and hence, the Insurance Company prays to dismiss claim petition against it.

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The Tribunal, based on the pleadings of the parties, framed the relevant issues.

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To substantiate his case, the petitioner examined himself as PW-1 and marked 8 documents as Ex.P1 to Ex.P8. The rider of the motorcycle bearing registration No.KA-17/KL-476 was examined as RW-1, examined 3 witnesses as RW-2 to RW-4 and marked 6 documents as Ex.R1 to R6.

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6 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and awarded a compensation of Rs.67,905/- with interest at the rate of 6% per annum from the date of petition till the realisation of the amount and respondent No.4 the United India Insurance Company Ltd., was directed to indemnify the owner of the motorcycle bearing registration No.KA17/L-476 and deposit the award amount.

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The petitioner, being satisfied with the quantum of compensation, has filed this appeal.

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Heard the learned counsel for the petitioner and the learned counsel for the Insurance Company.

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Learned counsel for the petitioner submits that

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the compensation awarded by the Tribunal is on the lower side. He further submits that the petitioner has suffered a permanent disability. Hence, he prays to allow the appeal by enhancing the compensation amount awarded by the Tribunal.

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7 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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Per contra, learned counsel for the Insurance

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Company submits that the petitioner has not examined a Doctor to prove the disability. She submits that the Tribunal was justified in awarding the compensation and that the amount is already exorbitant. Hence, on these grounds, she prays to dismiss the appeal.

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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 regarding the occurrence of the accident and the injuries sustained by the petitioner. As rightly pointed out by the learned counsel for the Insurance Company, the petitioner has not examined a Doctor to prove the disability. However, considering the wound certificate marked as Ex.P4, which discloses that the petitioner sustained grievous injuries. Considering Ex.P4,

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8 - NC: 2025:KHC-D:12388 MFA No. 100473 of 2015

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HC-KAR

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this Court is of the opinion that the petitioner is entitled to a

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

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In view of the above discussions, I proceed to

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pass the following order:

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ORDER

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(i) The appeal is allowed in part.

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(ii) The Judgment and award dated 28.11.2014 in MVC No.115/2010 by the learned 1^st Addl. M.A.C.T., Karwar, stands modified.

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(iii) The petitioner is entitled to a global compensation of Rs.1,00,000/- including the compensation awarded by the Tribunal, with interest at the rate of 6% per annum from the date of petition till the realization of the amount.

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