HC-KAR IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200079 OF 2025 (MV-I)

C/W MISCL. FIRST APPEAL NO. 203494 OF 2024 (MV-I)

IN M.F.A.NO.200079/2025 BETWEEN:

NIRUPADI S/O DODDA AYYAPPA, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: POTHNAL, TQ: MANVI, NOW R/O: AT ASKIHAL, RAICHUR – 584 101.

…APPELLANT (BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)

AND:

1. ROHAN POUL S/O SRINIVAS, AGE: 21 YEARS, OCC: DRIVER/OWNER OF MOTORCYCLE BRG NO. KA-36/EW-5803, R/O: H. NO.1-11-56/57, VIDYABHARATHI SCHOOL ROAD, NEAR WATER TANK DEVARU COLONY, RAICHUR – 584 101.

2. THE BRANCH MANAGER, HC-KAR CHOLAMANDALAM, MS GENERAL INSURANCE CO. LTD., R/O: 116/17 NIRMAL BUILDING, OPP: COSMO POLITAN CLUB DOUBLE ROAD, BELLARY – 583 101, POLICY NO. 3410/00084316/000/00.

VALIDITY FROM 30.10.2020 TO 29.10.2025 …RESPONDENTS (BY SRI S.S.ASPALLI, ADVOCATE FOR R2;

NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 23.04.2024, PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND JMFC AND MACT AT RAICHUR, IN MVC NO.602/2022 AND PLEASED TO ENHANCE THE COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.

IN M.F.A.NO.203494/2024 BETWEEN:

THE BRANCH MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., # 116/17 NIRMAL BUILDING, OPP: COSMO POLITAN CLUB DOUBLE ROAD, BELLARY – 583 101, NOW REPRESENTED BY AUTHORIZED SIGNATORY.

…APPELLANT (BY SRI S.S.ASPALLI, ADVOCATE)

AND:

1 NIRUPADI S/O DODDA AYYAPPA, AGE: 38 YEARS, HC-KAR OCC: AGRICULTURAL, R/O: POTHNAL, TQ: MANVI, NOW R/O: AT ASKIHAL,RAICHUR.

2. ROHAN POUL S/O SRINIVAS, AGE: 23 YEARS, OCC: DRIVER/OWNER OF MOTORCYCLE BRG NO. KA-36/EW-5803, R/O: H. NO.1-11-56/57, VIDYABHARATHI SCHOOL ROAD, NEAR WATER TANK DEVARU COLONY, RAICHUR – 584 101.

…RESPONDENTS (BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE FOR R1;

NOTICE TO R2 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.602/2022 ON THE FILE OF THE III ADDL. SR. CIVIL JUDGE AND JMFC AND MACT – RAICHUR DATED 23.04.2024 AND SET ASIDE THE JUDGMENT AND AWARD DATED 23.04.2024 IN MVC NO.602/2022 PASSED BY THE III ADDL. SR. CIVIL JUDGE AND JMFC AND MACT – RAICHUR DATED 23.04.2024 AND SET ASIDE MACT – RAICHUR, BY ALLOWING THE ABOVE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

THESE MFA’s, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 23.04.2024 passed by III Additional Senior Civil Judge and MACT, Raichur (for short, ‘tribunal’) in MVC no.602/2022, these appeals are HC-KAR filed by both claimant and insurer. While MFA no.203494/2024 is filed by insurer challenging finding on negligence as well as on quantum, MFA no.200079/2025 is filed by claimant for enhancement of compensation.

2. Sri SS Aspalli, learned counsel submitted as per claimant, on 28.06.2022 claimant along with his wife was riding motorcycle no.KA-36/EU-6747. When they were near land of one Basanna of Yapalparvi village, rider of another motorcycle no.KA-36/EW-5803 rode it in rash and negligent manner and dashed against claimant’s motorcycle causing accident. In said accident, claimant sustained severe injuries and admitted to hospital. Despite treatment, he did not recover fully and sustained permanent physical disability. Therefore, claim petition under Section 166 of Motor Vehicles Act against owner and insurer of offending motorcycle was filed. Even claimant’s wife also sustained injuries in said accident. MVC no.603/022 was filed. Both petitions were clubbed. Owner remained ex- parte only insurer opposed claim petition denying occurrence of accident, involving insured vehicle, alternatively alleging sole contributory negligence against rider of claimant’s motorcycle HC-KAR and alleging violation of terms and conditions of policy by insured.

3. Based on pleadings, tribunal