IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO.103606 OF 2019 BETWEEN SHRI SATISH PUNDALIC POTE AGE : 33 YEARS, OCC : SERVICE (NOW NIL), R/O. HOUSE NO.819, SHIVAJI NAGAR KHANAPUR, DIST: BELAGAVI-

591302.

...APPELLANT (BY SMT. GEETHA K.M. ADVOCATE-THROUGH VC)

AND

1 . SRI JOTIBA, S/O. RAGUNATH KALASEKAR AGE : MAJOR, OCC : BUSINESS, A/P: DESUR, TQ. AND DIST. BELAGAVI-590014 Digitally signed by BHARATHI H M (OWNER OF THE TRUCK KA-22/A 7759)

Location: HIGH COURT OF K D A H R A N R A W T A A D KA BENCH Date: 2025.11.15 2 . UNITED INDIA INSURANCE CO. LTD.

10:24:51 +0530 R/BY IT’S DIVISIONAL MANAGER, MARUTI GALLI, BELAGAVI-590001.

(INSURER OF THE TRUCK KA-22/A-7759)

…RESPONDENTS (BY SMT. PREETI SHASHANK, ADVOCATE FOR R2)

(R1-NOTICE SERVED AND UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.04.2019 PASSED BY IN THE COURT OF IV ADDITIONAL DISTRICT JUDGE AND MACT V BELAGAVI, IN MVC NO.858/2018 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED ON

07.11.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CAV JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

This appeal by the claimant under Section 173(1) of Motor Vehicles Act, 1988 is directed against the judgment and award dated 27.04.2019 passed in M.V.C. No.858/2018 passed by the IV Additional District Judge and Motor Accident Claims Tribunal, Belagavi (for short, ‘the Tribunal’), not being satisfied with the quantum of compensation and praying for enhanced compensation.

2. Parties are referred with their ranks, as they were before Tribunal for sake of convenience and clarity.

3. Claimants have filed the petition U/S.163-A of MV Act praying for compensation for the road traffic accident occurred on 22.01.2017.

4. Brief facts of the case are that claimant is the injured person who sustained injuries in a road traffic accident that occurred on 22.01.2017 involving car bearing number MH-10/E- 9518 and truck bearing KA-22/A-7759 on Khanapur-Belagavi Road. It is stated that the truck came and hit the car and the claimant, being an inmate of the car, sustained grievous injuries. He further stated that he was aged about 31 years as on the date of accident and was earning ₹3,300/- per month.

5. Respondent No.1 appeared through his counsel but did not file objection statement. Respondent No.2-insurer filed its objection statement denying the liability, the cause of accident, nature of injuries, treatment taken by the claimant, medical expenses, age, income and occupation of the claimant. It further contented that owner and insurer of the car bearing registration number MH-10/E-9518 are proper and necessary parties and the petition was bad for non-joiner of necessary parties and also contended that driver of the truck was not having a valid driving licence. With these objections it prayed for dismissal of the petition.

6. The claimant examined himself as P.W.1, doctor as P.W.2, got marked Ex.P.1 to P.16 and closed his side. On behalf of respondents, the Officer of respondent No.2-insurer was examined as R.W.1 apart from marking Ex.R.1 and R.2 and closed its side.

7. After recording evidence of both sides and hearing arguments of both sides, the Tribunal considering the monthly income of Rs.3,300/- per month, as claimed by the claimant, assessed the annual income at ₹39,600/-, considering the age of injured as 31 years adopted multiplier 16, and further considering the disability as deposed by doctor at 50% to the particular limb, assessed the disability as 15% to the whole body and granted total compensation of ₹1,15,040/-.

8. Aggrieved by the same, claimant/appellant has preferred the present appeal praying for enhancement of the compe