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2026 Supreme(Online)(Kar) 11813
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 12TH 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
VI SHAL (BY SRI. P.V.GUNJAL, ADVOCATE)NINGAPPA PATTIHAL
AND:
DVPLOD oAIi HF Sg cT A iH aK T t R t a A AIi l Ho WR lLy nA N A N : s L DAH iIgN T I B n GA Ge EKH dA NA Pb C C P y O H A URT 1. A S M / G R O E . . D M A A A P H B PA A O S D U A E T H V 3 E 5 P B A Y T P E I A L A T R IL S , , 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, NIDAWANI COMPLEX, DHARWAD.
RESPONDENTS (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE FOR R1; SRI. RAJASHEKHAR S.ARANI, ADVOCATE FOR R2;)
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.
2. THE ORIENTAL INSURANCE COMPANY LIMITED 1/24TH 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)
Sd/-
(B.M.SHYAM PRASAD)
JUDGE
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP CT:VH List No.: 1 Sl No.: 25
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.
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
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
1. 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 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 claimant has also sustained the internal injuries over waist, chest, back, shoulder, spinal cord etc,. The claimant was shifted to PHC, Nandagad for treatment and after first aid has been shifted to Vijaya Hospital, Belagavi for further treatment. He was admitted as indoor patient from 21.11.2016 to 28.11.2012.
4. The claimant was doing hamali and agriculture work and earning Rs.12,000/- per month. The claimant is unable to stand for longer time, unable to walk for longer distance and unable to do any laborious work as before. The accident in question took place due to rash and negligent driving of the truck KA 23/ 4447 by its driver. Therefore, respondent No.1 being owner and respondent No.2 being the insurer of the said truck are jointly and severally to pay the compensation with interest.
5. The respondent Nos.1 and 2 in the defence have denied age, occupation, income, injuries, medical treatment and expenditure incurred. Respondent No.2 contented that the truck is a heavy goods vehicle and it requires HGV driving licence. But the driver was holding LMV driving licence and therefore, he was not holding the effective driving licence at the time of the accident.
6. The Tribunal after framing issues has recorded the evidence. The claimant examined himself as P.W.1 and examined Dr. H. R.Bhasme as P.W.2 and examined other two witnesses as P.W.3 and P.W.4 and got marked document as Ex.P.1 to P15. The respondents have not led any oral evidence, but produced documents and they are marked as Es.R1 to R3. The Tribunal, after hearing the arguments and appreciating the evidence on the record has awarded total compensation of Rs.1,98,750/- with interest at rate of 9% per annum. The Tribunal noting that the driver was holding only LMV licence and the vehicle involv
