IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 101341 OF 2021 (MV-I)

BETWEEN:

M. SIDDA LINGANA GOUDA S/O. M. CHANDRASEKHAR GOUDA AGE. 37 YEARS, OCC. EX. AMBULANCE DRIVER, R/O. NO.33, ESHWARA GUDI ONI, CHELAGURKI, BALLARI DISTRICT -583111.

…APPELLANT (BY SRI MANJUNATH JADAI, ADVOCATE)

Digitally signed by BHARATHI H M Location: HIGH AND:

COURT OF KARNATAKA D D H at A e: R 2 W 0 A 2 D 5. 1 B 2 E . N 09 C H

10:16:59 +0530

1. MOHAMMED ALTHAF P. S/O. ABDUL RAWOOF P., AGE. 45 YEARS, OCO. DRIVER OF CONTAINER LORRY BEARING NO.AP-16/U-5247, R/O.NO.29, WARD NO.15, MILLERPET, BALLARI-583101.

2. SANTOSH KUMAR SENAPATI PROP. OF VINAY DURGA ERECTORS OWNER OF CONTAINER LORRY BEARING NO.AP-16/U-5247 R/O.NO.244/781, 2^ND CROSS, SATHVANI NAGAR, NEAR CHURCH, BALLARI-583101.

3. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, DOOR NO.22/13 MAIN ROAD, PARVATHI NAGAR, BALLARI-583103.

…RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R3;

R1 AND R2 NOTICE DISPENSED WITH)

THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16.07.2020 PASSED IN MVC NO.569/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI, AND ENHANCE THE COMPENSATION BY ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

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

Injured-claimant is before this Court under Section

173(1) of Motor Vehicles Act, 1988 (for short, ‘Act of 1988’) not being satisfied with the quantum of compensation awarded under judgment and award dated 16.07.2020 in MVC No.569/2018 on the file of I Additional Senior Civil Judge and Member, MACT-V, Ballari (for short, ‘the Tribunal’) and praying for enhancement of compensation.

2. The parties would be referred with their ranks, as they were before the Tribunal for convenience and clarity.

3. The claimant has filed the claim petition under Section 166 of Act of 1988 praying for compensation for the accidental injuries suffered by him in an accident that occurred on 30.12.2017 at about 11.30 p.m. involving motor cycle bearing Reg.No.KA-34/J-5531 and lorry bearing Reg.No.AP-16/U/5247 near Modupalli Ramakrishna Fields, NH-42, Ananthapur-Ballari Road, near P.Kottalpalli village, 4. It is further contended that the claimant was working as ambulance driver and was hale and healthy at the time of accident. The claimant was getting ₹.15,000/-

salary with DA of ₹.6,000/- per month. Due to the grievous injuries sustained by him, he is unable to do any nature of work as he has lost vision in both eyes. Hence, prayed for compensation under different heads.

5. On receipt of notice, respondent No.3-Insurer denied the petition averments in toto and contended that there was no valid and effective driving license to drive the vehicle as on the date of accident and petition is bad for non-joinder of necessary parties i.e., owner and insurer of the motor cycle are not included. Hence, prayed for dismissal of petition with costs.

6. On behalf of claimant, claimant was examined as P.W.1, examined two doctors as P.W.2 and P.W.3 apart from marking Exs.P.1 to P.27 and closed his side before the Tribunal. On behalf of respondents, two witnesses are examined as R.W.1 and R.W.2 apart from marking Exs.R.1 to R.4 and closed their side.

7. After recording evidence of both sides and hearing arguments of both sides, the Tribunal awarded compensation of ₹.29,48,383/- with interest at 9% per annum from the date of petition till realization under the following heads:

8. Not satisfied with the aforesaid compensation, claimant/appellant has preferred the present appeal.

9. Heard arguments of both sides.

10. Learned counsel for the