IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.102911 OF 2025 (MV-I)

BETWEEN:

SMT. BASAMMA W/O. KUPADALAPPA @ KOPPANA MUGGAJOL, AGED ABOUT 33 YEARS, OCC: AGRICULTURE COOLIE WORK (NOW NIL), R/O: HANSANUR VILLAGE, TQ: GULEDAGUDDA, DIST: BAGALKOT-587203.

…APPELLANT (BY SRI. B.S. SANGATI, ADVOCATE)

AND:

1. RANGAPPA S/O. BHIMAPPA PUJAR, AGE: 68 YEARS, OCC: OWNER OF THE OFFENDING VEHICLE CAR NO.KA-25/MA-8886, R/O: KARAKALAKOPPA, TQ: BADAMI, DIST: BAGALKOT-587201.

Digitally signed by 2. THE BRANCH MANAGER, CHANDRASHEKAR LAXMAN UNITED INDIA INSURANCE CO. LTD., KATTIMANI MELLIGERI COMPLEX, Location: HIGH COURT OF BAGALKOT-587203.

KARNATAKA …RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2;

NOTICE TO R1 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO KINDLY BE ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF SENIOR CIVIL JUDGE, J.M.F.C. AND M.A.C.T-VIII, BADAMI DATED 02.05.2025 PASSED IN M.V.C.

NO.360/2022, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE K V ARAVIND)

The claimant-appellant has preferred this appeal seeking enhancement of compensation awarded in M.V.C. No.360/2022, pursuant to the judgment and award dated 02.05.2025 passed by the learned Senior Civil Judge, JMFC and MACT-VIII, Badami (hereinafter referred to as ‘the Tribunal’).

2. The claimant filed a claim petition under Section

166 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act’), seeking compensation of Rs.33,50,000/- with interest at the rate of 18% per annum for the injuries sustained in a road traffic accident that occurred on

09.11.2020.

3. According to the averments in the claim petition, on 09.11.2020, the claimant-appellant was proceeding for coolie work to the land of one Rayavva Pujari, near Hansanur-Teggi main road. At the time when she was about to sit on the motorcycle belonging to the son of Rayavva Pujari, the driver of a car bearing registration No.KA-25/MA-888, owned by respondent No.1, came in a rash and negligent manner and dashed against the claimant. As a result, the claimant sustained multiple grievous injuries. She was admitted to the hospital for a period of 15 days and is stated to have incurred medical expenses to the tune of Rs.2,00,000/-, and further requires Rs.1,00,000/- towards future medical treatment. It is further pleaded that the claimant was aged about 30 years and was earning Rs.15,000/- per month by working as a coolie.

4. Respondent Nos.1 and 2 entered appearance through their respective counsel. Respondent No.1 did not file any objections. Respondent No.2 filed objections denying the averments made in the claim petition, but admitted that the vehicle bearing registration No.KA- 25/MA-888 was insured under a valid insurance policy. In support of her case, the claimant examined herself as PW.1 and produced 13 documents, which were marked as Exhibits P1 to P13. Respondent No.2 did not adduce any oral evidence but produced one document, which was marked as Exhibit R1.

5. The Tribunal, considering the evidence on record, held that the accident occurred due to the rash and negligent driving on the part of the driver of the offending vehicle, and that respondent No.2–Insurance Company is liable to indemnify the owner of the vehicle. Taking the age of the claimant as 32 years, the Tribunal assessed the notional monthly income at Rs.13,750/- and awarded 40% towards future prospects. Based on the medical evidence, while the certified disability was assessed at 75%, the Tribunal considered 25% as the functional permanent disability for the purpose of computing compensation. The Tribunal further a