Sunil, S/o. Subhash Naik vs Irfan, S/o. Gulab Momin

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Kar) 1936

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
S G PANDIT, GEETHA K.B.
Sunil, S/o. Subhash Naik – Appellant
Versus
Irfan, S/o. Gulab Momin – Respondent

Advocates Appeared:
For the Appellant :Sri Ashok A. Naik, Advocate
For the Respondent:Sri N.R. Kuppelur, Advocate

JUDGMENT :

GEETHA K.B., J.

These appeals are filed under Section 173 (1) of Motor Vehicles Act, 1988, by the insurer and claimant respectively questioning the Judgment and Award passed in MVC No.501/2018 dated 26.08.2022 on the file of Senior Civil Judge and Additional MACT, Haliyal (for short ’the Tribunal’).

2. The insurer has filed the appeal challenging the quantum of compensation on the ground of percentage of disability taken by the Tribunal and the claimant has filed the appeal praying for enhancement of compensation under several heads.

3. Parties would be referred to with their ranks as they were before the Tribunal for sake of convenience and clarity.

4. The claimant has filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, praying for compensation in respect of the accident that had taken place on 08.01.2018 at 02.30 p.m., near Jomathale village at Kanapur-Ramnagar road involving the motorcycle bearing registration No.KA-65/H-1579 and truck bearing registration No.MH-09/Q-5118. The contention of claimant is that due to the accident he has sustained following injuries:-

1)Ileum right side

2)Fracture of metacarpal little finger,

3)Fracture of left patell