IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEA L NO. 104370 OF 2023 (MV-I)

C/W MFA CROSS OBJ NO. 100042 OF 2024 IN MFA NO. 104370 OF 2023 BETWEEN:

THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD, HOTEL SANMAN TOURIST COMPLEX, CBS CIRCLE, KUSTAGI ROAD, GANGAVATI, KOPPAL DISTRICT, ITS AUTHORIZED SIGNATORY, DIVISIONAL MANAGER.

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

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Cou rt of AND:

Karnataka, Dharwad Bench

1. SMT. NANNIMA BI W/O. MOULA SAB, AGE 53 YEARS, OCC: VEGITABLE VENDOR AND PETTY BUSINESS, R/O. 2ND WARD, BUKKASAGAR VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGARA, PIN-583201.

2. B. SURESH S/O. SURYA RAO, AGE 33 YEARS, OCC: DRIVER OF JCB, R/O. MUSTUR VILLAGE, TQ. GANGAVATI, DIST. KOPPAL, PIN-583227.

3. S. DADA PEER S/O. SHAIK MOHAMED, AGE MAJOR, OCC: BUSINESS, R/O. MEHABOOB NAGAR, 6TH WARD, TQ. GANGAVATI, DIST. KOPPAL, PIN-583227.

…RESPONDENTS (BY SRI. ZANZA JOSHI, ADV. FOR SRI. GOURISHANKAR MOT, ADV. FOR R1;

NOTICE TO R2 SERVED;

NOTICE TO R3 HELD SUFFICIENT)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1)

OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC NO.135/2020, PASSED BY IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 31.01.2023 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

IN MFA CROB NO.100042 OF 2024 BETWEEN:

SMT. NANNIMA BI. W/O. MOULA SAB, AGE 54 YEARS, OCC: VEGETABLE VENDOR AND ALSO PETTY BUSINESS, R/AT. 2ND WARD, BUKKASAGAR VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGARA-583132.

…CROSS OBJECTOR (BY SRI. ZANZA JOSHI, ADVOCATE)

AND:

1. B. SURESH S/O. SURA RAO, AGE 34 YEARS, OCC: DRIVER OF J.C.B, R/AT. MUSTUR VILLAGE, TQ. GANGAVATI, DIST. KOPPAL-583282.

2. S. DADA PEER S/O. SHAIK MOHAMED, OWNER OF THE J.C.B, R/AT. MEHABOOB NAGAR, 6TH WARD, TQ. GANGAVATI, DIST. KOPPAL-583235.

3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LTD, OFFICE AT. HOTEL SANMAN TOURIST COMPLEX, CBS CIRCLE, KUSTAGI ROAD, GANGAVATI, DIST. KOPPAL.

…RESPONDENTS (BY SRI. S. S. KOLIWAD, ADV. FOR R3;

NOTICE TO R1 & R3 SERVED)

THIS MFA CROB IN MFA NO.104370/2023 IS FILED UNDER ORDER 41 RULE 22 OF CPC, PRAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT DATED 31.01.2023 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C, CUM MEMBER, MACT-IV, HOSAPETE IN M.V.C NO.135 OF 2020 BY ENHANCING THE AWARD OF COMPENSATION IN VARIOUS HEADS WITH INTEREST OF 12% P.A. FROM THE DATE OF CLAIM PETITION BY ALLOWING THIS PETITION AND ON CONTRARY TO DISMISS THE APPEAL AS FILED BY RESPONDENT NO.3/INSURANCE COMPANY IN MFA NO.104370/2023 AND ETC.

THIS APPEAL AND CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

1. MFA No.104370 of 2023 is filed by the insurer and MFA Crob.No.100042 of 2024 is filed by claimant against the judgment and award dated 31.01.2023 passed by the learned Senior Civil Judge and JMFC cum Member, MACT-IV, Hosapete (for short, ‘the Tribunal’) in MVC No.135 of 2020.

2. Both these appeals arise out of common judgment therefore they are taken up together for disposal.

3. I refer to the parties as per their ranking before the Tribunal.

4. It is the case of claimant that on 03.01.2019 claimant met with an accident due to rash and negligent driving of JCB bearing No.KA-37/A-7931 as a result of impact, she sustained commuted fracture of 1/3^rd of her left femur. She has taken treatment as inpatient and underwent surgery and spent huge amount towards treatment charges. She was aged 50 years at the time of accident. She was a vegetable vendor and earning Rs.12000/- per month. Due to the injuries sustained, she has been suffering permanent disability of 63%. With these reasons, prayed to award compensation of Rs.10,00,000/.

5. Respondent No.1 is a driver, Respondent No.2 is the owner of the vehicle and respondent No.3 is insur