IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 12^TH DAY OF DECEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR

MFA NO.21536/2008 (MV)

C/W MFA NO.21378/2008(MV)

IN MFA NO. 21536/2008

BETWEEN:

SMT. PARUBAI W/O PUNDALIK PAWAR

AGE:38 YEARS, OCC:COOLIE,

NOW NIL, R/O SITIMANI, TQ, DIST:BAGALKOT.

…APPELANT

(BY SRI. SHIVAKUMAR S BADAWADAGI, ADVOCATE)

AND:

1.

MR. MOHANDAS R KARMARKA

DIED BY HIS LRS.

SMT. MAHADEVI W/O MOHANDAS KARMARKAR

AGE:MAJOR, OCC:BUSINESS,

R/O SOMAVAR PETH,

AT POST & TALUK MALAVAN

DIST:SINDHUDURGA.

2.

THE BRANCH MANAGER

NATIONAL INSURANCE CO. LTD.,

BAGALKOT TQ, DIST:BAGALKOT.

…RESPONDENTS

(BY SRI.N.R. KUPPELUR, SRI. S.S. KOLIWAD, SRI. B.C.

SEETHARAMARAO ASSOCIATES, ADVOCATES FOR R2)

(R1-NOTICE DISPENSED WITH)

2

THIS APPEAL IS FILED UNDER SECTION 173(1) OF THE

MV ACT, AGAINST THE JUDGMENT AND AWARD DATED

14.07.2008 PASSED IN MVC NO.573/2005 ON THE FILE OF THE

MACT-III, BAGALKOT PARTLY ALLOWING THE CLAIM PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

IN MFA NO.21378/2008

BETWEEN:

NATIONAL INSURANCE CO. LTD.,

BAGALKOT BRANCH

THROUGH ITS REGIONAL OFFICE

#144, SUBHARAM COMPLEX,

M.G. ROAD, BANGALORE-560001.

…APPELLANT

(BY SRI.N.R. KUPPELUR, SRI. S.S. KOLIWAD, SRI. B.C.

SEETHARAMARAO ASSOCIATES, ADVOCATES)

AND:

SMT. PARUBAI W/O PUNDALIK PAWAR

AGE:38 YEARS, OCC:COOLIE,

NOW NIL, R/O SITIMANI, TQ, DIST:BAGALKOT.

…RESPONDENT

(SRI. SHIVAKUMAR S BADAWADAGI, ADVOCATE)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV

ACT AGAINST THE JUDGMENT AND AWARD DATED 14.07.2008

PASSED IN MVC NO.573/2005 ON THE FILE OF THE MACT-III,

BAGALKOT AWARDING A COMPENSATION OF RS.1,39,000/-

ALONG WITH INTEREST AT 6% PER ANNUM FORM THE DATE

OF PETITION TILL DEPOSIT.

THESE APPEALS ARE COMING ON FOR FINAL HEARING

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

3

JUDGMENT

MFA No.21536/2008 is filed by the claimant for

enhancement

of

compensation

while

MFA

No.21378/2008 is filed by the insurance company.

Both are assailing the judgment and award dated

14.07.2008 passed in MVC No.573/2005 by the MACT-

III, Bagalkot (for short, ‘Tribunal’).

2.

At this stage, it may be stated that the

insurance company has assailed the judgment and

award on the question of the liability alone while the

claimant injured has sought for enhancement of

compensation.

3.

For the sake of convenience, the parties are

referred to as per their status and ranking before the

Tribunal.

4.

The claimant injured had filed a claim

petition under Section 166 of the Motor Vehicle Act,

4

1988 (for short, ‘the Act’) seeking compensation for the

injuries sustained by her in the motor vehicle accident.

5.

The facts briefly stated are that on the fateful

date of the accident i.e. on 16.04.2002, the petitioner

being one of the coolies under respondent No.1 in the

Dumper Lorry bearing No.MH-07/165 to unload the

bolder stones was traveling in the said vehicle. As it

was carrying load of jumble bolder stones towards

Katta, the driver dashed against Auto-rickshaw and

turtled/toppled down into ditch near Kupri ghat. As a

result of which, the petitioner and other inmates of the

dumper

lorry

sustained

grievous

injuries.

The

petitioner was admitted to CPR hospital at Kolhapur as

she had suffered fractures and spent Rs.50,000/-. Prior

to the accident, she was hale and healthy and she was

getting wages of Rs.3,000/-. Due to the injuries

sustained, she has lost her future earning capacity and

has also endured lot of pain and suffering.

5

6.

After registration of the claim petition,

counsel for the petitioner did not take proper steps, as

such notice was not served on respondent No.1;

therefore, the Tribunal ordered for dismissal of the

claim against respondent No.1 as per order dated

22.07.2007. Respondent No.2 ha