IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103794 OF 2015 (MV-I)

BETWEEN:

SMT. BHAGAWWA W/O. SUNIL NAIK, AGE: 29 YEARS, OCC: AGRICULTURE COOLIE, NOW NIL, R/O: SAI NAGAR, MUDHOL, TQ: MUDHOL.

…APPELLANT (BY SRI HARISH S.MAIGUR, ADVOCATE)

AND:

1. BASAPPA S/O. BASALINGAPPA DASHYAL, AGE: 72 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: MAREGUDDI, TQ: JAMAKHANDI.

2. THE DIVISIONAL MANAGER, Digitally signed by TATA AIG GENERAL MALLIKARJUN RUDRAYYA INSURANCE COMPANY LIMITED, KALMATH PENINSULA CORPORATE PARK, Location: HIGH COURT OF PARIMAL TOWER, 9^TH FLOOR, KARNATAKA GANAPATRAO KADAM MARG, LOWER PAREL, MUMBAI-400 013.

(MAHARASHTRA STATE)

3. SADASHIV S/O. DUNDAPPA MUGATI, AGE: 47 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: SAIDAPUR GALLI, MUDHOL.

4. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, OPPOSITE SIDDESHWAR TEMPLE, VIJAYAPURA.

5. KALLAPPA S/O. HANAMANTH RANGANNAVAR, AGE: 47 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: HUNASHIKATTI, TQ: JAMAKHANDI.

6. THE DIVISIONAL MANAGER, IFFCO TOKIO INSURANCE COMPANY LIMITED, HEAD CUSTOMER SERVICE CENTER, KSCMF BUILDING, 3^RD FLOOR, 3^RD BLOCK, 8^TH CROSS, CUNNINGHAM ROAD, BENGALURU-560 052.

…RESPONDENTS (BY SRI G.N. RAICHUR, ADVOCATE FOR R2 (THROUGH V/C);

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

SRI. M.Y. KATAGI, ADVOCATE FOR R6;

NOTICE TO R1 AND R5 ARE SERVED;

R3-NOTICE HELD SUFFICIENT)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PLEASED TO MODIFY THE JUDGMENT AND AWARD PASSED IN MVC NO.538/2013 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-IX, MUDHOL, DATED

01.09.2015, IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award passed in MVC No.538/2013 on the file of the Motor Vehicle Accident Claims Tribunal-IX, Mudhol, dated 01.09.2015, seeking for enhancement of compensation as well as questioning deduction of 50% of compensation on the reason that the offending motorcycle bearing Reg.No.KA-48-E-9678 was not made as party. 2. It is the case of the claimant that on

04.12.2012 at about 06.15 p.m., the claimant was proceeding on the motorcycle bearing Reg.No.KA-48-J- 5492 as a pillion rider, from Girisagar to Mudhol near the land of one Basu Mane, when one of the said motorcycle was overtaking the Tractor No.KA-48-TA-1603, 1^st Trailer No.KA-48-T-9604 and 2^nd Trailer No.KA-48-T-8166, at that time, another motorcycle rider bearing Reg.No.KA-48-E- 9678 came from opposite direction in a rash and negligent manner and dashed to the motorcycle of the claimant. As a result, the claimant fell down and sustained injuries. Then, the driver of the Tractor and Trailer who was behind them, passed right wheel of 1^st Trailer No.KA-48-T-9604 over the left leg of the claimant. Thus, in this way, the claimant has sustained injuries all over the body. Therefore, filed a claim petition under Section 166 of the M.V Act and Tribunal has granted compensation of Rs.8,74,700/- p.a. with interest at the rate of 6% p.a., holding composite negligence of 50% on the Tractor and two Trailers and the other 50% of composite negligence on the motorcycle bearing No.KA-48-E9678.

3. Learned counsel for appellant/claimant submitted since the claimant has not made as party of owner and insurer of the motorcycle No.KA-48-E-9678, the Tribunal erred in deducting 50% of compensation and awarded Rs.4,37,350/- putting liability on the Tractor and two Trailers. In support of his contention, he places reliance on decision of Hon’ble Supreme Court in the case of Khenyei V/s New India Assurance Company Limited and Others (2015) 9 SCC 273 and Division Bench judgment of this Court in MFA No.101563/2017 and connected cases dated 22.08.2024 between Bajaj Allianz General Insu