HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 102018 OF 2016 (MV-I)

C/W MISCELLANEOUS FIRST APPEAL NO. 102976 OF 2016 IN MFA No. 102018/2016:

BETWEEN:

MR. SHIVAMURTHI SAMPAGAV AGED ABOUT 31 YEARS, S/O. MR. ULAVAPPA SAMPAGAV, R/O. HIRE ULLIGERI, TQ: SAUDATTI, DIST: BELAGAVI.

…APPELLANT VISHAL (BY SRI. P.V.GUNJAL, ADVOCATE)

NINGAPPA PATTIHAL AND:

Digitally signed b y VISHAL NINGAPPA 1. MR. MAHADEV PATIL PATTIHAL Location: HIGH COURT AGED ABOUT 35 YEARS, OF KARNATAKA DHARWAD BENCH S/O. APPASAHEB PATIL, R/O. VISHESHWAR NAGAR, CHIKKODI, DIST: BELAGAVI.

2. THE ORIENTAL INSURANCE COMPANY LTD., 1/24, SHAH BUILDING, BRANCH OFFICE, NIPPANI, THROUGH THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, JUBILEE CIRCLE, HC-KAR NIDAWANI COMPLEX, DHARWAD.

…RESPONDENTS (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE FOR R1; SRI. RAJASHEKHAR S.ARANI, ADVOCATE FOR R2;)

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

OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 06.05.2016 PASSED IN MVC NO.835/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION; AND ETC. IN MFA NO. 102976/2016:

BETWEEN:

SRI. MAHADEV S/O. APPASAHEB PATIL, AGE: 34 YEARS, OCC: BUSINESS, R/O. VISHWESHWAR NAGAR, CHIKKODI, TQ: SAUNDATTI-591126, DIST: BELAGAVI.

...APPELLANT (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE)

AND:

1. SHIVAMURTI S/O. ULAVAPPA SAMPAGAV, AGE: 30 YEARS, OCC: NOW NIL (HAMALI/COOLIE), R/O. HIRE ULLIGERI, TQ: SAUNDATTI-59 126, DIST: BELAGAVI.

HC-KAR

2. THE ORIENTAL INSURANCE COMPANY LIMITED

1/24^TH SHAH BUILDING BRANCH OFFICE, NIPPANI, THROUGH THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, THE DIVISIONAL OFFICE JUBLIEE CIRCLE, NIDAWANI COMPLEX, DHARWAD-580008.

(INSURER OF TRUCK BEARING REG NO.KA 23/4447, INSURANCE POLICY NO.472502/31/2013/80 INSURANCE VALID FROM 7/4/2012 TO 6/4/2013).

...RESPONDENTS (BY SRI. P.V.GUNJAL, ADVOCATE FOR R1;

SRI. RAJASHEKHAR S.ARANI, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.05.2016 PASSED IN MVC NO.835/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI, AWARDING COMPENSATION OF RS.1,98,750/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION; AND ETC.

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

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR HC-KAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

MFA No.102018/2016 is filed by the claimant seeking enhancement of the compensation as awarded in the Judgment and Award dated 06.05.2016 passed in MVC No.835/2013 by the Senior Civil Judge and Additional M.A.C.T., Saundatti.

2. MFA No.102976 of 2016 is filed by the owner of the offending vehicle challenging the absolving the liability of the insurer.

3. The facts leading to filing of a claim petition are as under:

That on 21.11.2012, the claimant was doing hamali work in the truck bearing registration No.KA-23 /4447. On that day, the said truck was transporting the Bisiyoota ration from Nandagad APMC to Gandigawad Karavankoppa schools and claimant and other three members were traveling in the said truck to unload the said ration. The driver of the said truck drove it in a high speed and in rash and negligent HC-KAR manner. After passing Bekwad Village and going towards Gandigawad Village in the curve, the driver lost control over the truck and turned turtle the truck and caused the accident. Due to the accident, the claimant and other inmates of the truck i.e., Hamals and the driver sustained grievous injuries. The claimant sustained grievous and simple injuries. The cl