IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.103403 OF 2017 (MV-I)

C/W MISCELLANEOUS FIRST APPEAL NO.100518 OF 2018 (MV-I)

IN MFA NO.103403/2017 BETWEEN:

ARAVIND SHANTILAL MEHTA AGE: 44 YEARS, OCC: BUSINESS, R/O: KAMANAKATTI, SHILVANTAR ONI, DHARWAD-580008.

…APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)

AND:

1. NORTH WEST ROAD D si i g g n it e a d l l b y y TRANSPORT CORPORATION, VINAYAKA B V HUBBALLI DIVISION, Location:

High Court of Karnataka, HUBBALLI-580023, Dharwad Bench BY ITS DIVISIONAL MANAGER.

2. THE ORIENTAL INSURANCE COMPANY LIMITED, BY ITS THE SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, II FLOOR, ENKEY COMPLEX, KESHWAPUR, HUBBALLI-580023.

3. M/S. RAJ MURGAN TRANSPORT NO.153, C7 SALEM ROAD, NAMAKKAL, DIST: NAMAKKAL, STATE: TAMILNADU-610820.

4. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, HAVING ITS OFFICE AT MARUTI GALLI, BELAGAVI.

…RESPONDENTS (BY SMT. P.R. BENTUR, ADVOCATE FOR R1;

SRI. G.N. RAICHUR, ADVOCATE FOR R2;

NOTICE TO R3 & R4-DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO, ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 31.05.2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM DHARWAD IN MVC NO.77/2013 BY ENHANCING THE COMPENSATION AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY & ETC., IN MFA NO.100518/2018 BETWEEN:

THE ORIENTAL INSURANCE COMPANY LTD., BY ITS SENIOR DIVISIONAL MANAGER, DIVISIONAL OFFICE, II FLOOR ENKEY COMPLEX, KESHWAPUR, HUBLI-580022, REPRESENTED BY THE AUTHORIZED SIGNATORY.

…APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)

AND:

1. ARAVIND SHANTILAL MEHTA AGE: 45 YEARS, OCC: BUSINESS, R/O: KAMANAKATTI, SHILVANTAR ONI, DHARWAD-580001.

2. NORTH WEST ROAD TRANSPORT CORPORATION, HUBLI DIVISION, HUBLI-580030, BY IT’S DIVISIONAL MANAGER.

3. M/S. RAJ MURGAN TRANSPORT NO.153, C7 SALEM ROAD, NAMAKKAL DIST, NAMAKKAL, STATE: TAMILNADU-600001.

4. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, HAVING ITS OFFICE AT MARUTI GALLI, BELAGAVI-590001.

…RESPONDENTS (BY SRI. Y. LAKSHMIKANTH REDDY, ADVOCATE FOR R1;

SMT. P.R. BENTUR, ADVOCATE FOR R2;

SRI. N.R. KUPPELUR, ADVOCATE FOR R4;

NOTICE TO R3 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.05.2017 PASSED IN MVC NO.77/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, AWARDING COMPENSATION OF RS.39,88,156/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION.

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

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

These appeals are as against the judgment and award dated 31.05.2017 in M.V.C. No.77/2013 on the file of the Principal Senior Civil Judge and CJM, Dharwad [for short, ‘the Tribunal’]. The claimant’s appeal for enhancement is in M.F.A. No.103403/2017 and the appeal by the insurer is in M.F.A. No.100518/2018. At the outset, this Court must observe that there is no dispute about the claimant being injured in an accident on 22.04.2011 and the Insurer’s liability to pay just and reasonable compensation to the claimant to indemnify the Insured.

2. The claimant, according to the Tribunal’s finding on facts based on appreciation of medical evidence [including the evidence of Doctors who are examined as witnesses], is rendered quadriplegic by the accident and he is entitled to compensation not just towards pain and suffering, medical expenses incurred but also for loss of future income and towards future attendant charges. The Tribunal has awarded a total sum of Rs.39,88,156/- along with interest at 8% per annum. The Tribunal has compu