IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 24^TH DAY OF JUNE 2021

PRESENT

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

AND

THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR

MFA NO.100900/2017 (MV)

C/W.

MFA NO.100899/2017 (MV)

IN MFA NO.100900/2017

BETWEEN:

SIDDAPPA S/O BASAPPA SHIRASANGI,

AGE: 25 YEARS,

OCC: AGRICULTURE AND MASON,

NOW NIL,

R/O: UPPARHATTI, TQ: GOKAK,

DIST: BELAGAVI.

...APPELLANT.

(BY SHRI HANAMANT R LATUR, ADVOCATE.)

AND:

1.

DUNDAPPA S/O NINGAPPA GURANNAVAR,

AGE: 50 YEARS,

OCC: AGRICULTURE AND BUSINESS,

R/O: UPPARHATTI, PIN-591212,

TQ: GOKAK, DIST: BELAGAVI.

2.

DIVISIONAL MANAGER,

THE ORIENTAL INSURANCE CO. LTD.,

DIVISIONAL OFFICE, SHANBAG CHEMBERS,

2

KIRLOSKAR ROAD, BELAGAVI, PIN-590001,

DIST: BELAGAVI.

3.

SURESH S/O BASAVARAJ GANIGAR @ GANIG,

AGE: 38 YEARS, OCC: DRIVER,

R/O: SHIVAPUR ONI, RON, PIN-582209,

TQ: RON, DIST: GADAG.

4.

SHRIRAM GENERAL INSURANCE CO. LTD.,

BY ITS DIVISIONAL MANAGER,

S-5, 2^ND FLOOR, MONARCH CHAMBERS,

INFANTRY ROAD, BENGALURU-560001.

…RESPONDENTS.

(BY SRI G N RAICHUR, ADVOCATE, FOR R.2;

SHRI S.K.KAYAKAMATH, ADVOCATE, FOR R.4;

R.1 & R.3 – NOTICE SERVED.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO

MODIFY THE JUDGEMENT AND AWARD DATED 04.07.2016

PASSED IN MVC NO.1712/2014, ON THE FILE OF THE XII ADDL.

DISTRICT AND SESSIONS JUDGE & ADDL. MACT, BELAGAVI,

SITTING AT GOKAK, BY ENHANCING THE COMPENSATION,

ETC.,.

IN MFA NO.100899/2017

BETWEEN:

BHIMAPPA S/O MAYAPPA HUKKERI,

AGE: 31 YEARS,

OCC: AGRICULTURE AND MASON,

NOW NIL,

R/O: UPPARHATTI, TQ: GOKAK,

DIST: BELAGAVI.

...APPELLANT.

(BY SHRI HANAMANT R LATUR, ADVOCATE.)

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AND:

1.

DUNDAPPA S/O NINGAPPA GURANNAVAR,

AGE: 50 YEARS,

OCC: AGRICULTURE AND BUSINESS,

R/O: UPPARHATTI, PIN-591212,

TQ: GOKAK, DIST: BELAGAVI.

2.

DIVISIONAL MANAGER,

THE ORIENTAL INSURANCE CO. LTD.,

DIVISIONAL OFFICE, SHANBAG CHAMBERS,

KIRLOSKAR ROAD, BELAGAVI, PIN-590001,

DIST: BELAGAVI.

3.

SURESH S/O BASAVARAJ GANIGAR @ GANIG,

AGE: 38 YEARS, OCC: DRIVER,

R/O: SHIVAPUR ONI, RON, PIN-582209,

TQ: RON, DIST: GADAG.

4.

SHRIRAM GENERAL INSURANCE CO. LTD.,

BY ITS DIVISIONAL MANAGER,

S-5, 2^ND FLOOR, MONARCH CHAMBERS,

INFANTRY ROAD, BANGALORE-560001.

…RESPONDENTS.

(BY SRI G N RAICHUR, ADVOCATE, FOR R.2;

SHRI S.K.KAYAKAMATH, ADVOCATE, FOR R.4;

R.1 – NOTICE DISPENSED WITH;

R.3 – NOTICE SERVED.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO

MODIFY THE JUDGEMENT AND AWARD DATED 04.07.2016

PASSED IN MVC NO.1713/2014, ON THE FILE OF THE XII ADDL.

DISTRICT AND SESSIONS JUDGE & ADDL. MACT, BELAGAVI,

SITTING AT GOKAK, BY ENHANCING THE COMPENSATION,

ETC.,.

THESE APPEALS COMING ON FOR ORDERS THIS DAY,

SHRI

PRADEEP

SINGH

YERUR, J,

DELIVERED

THE

FOLLOWING:

4

JUDGMENT

These appeals by claimants lay a challenge to the

Judgment & Award dated 4.7.2016 passed by the Addl.

MACT, Belagavi, sitting at Gokak, in MVC No.1712/2014

and MVC No.1713/2014, whereby the Tribunal has

awarded

a

compensation

of

Rs.3,74,500/-

and

Rs.3,20,000/-

respectively

to

the

claimants.

These

appeals are founded on the ground of inadequacy of

compensation.

2.

The fact matrix as to the happening of the

accident on 17.1.2014 in these two subject appeals and

sustaining injuries by the claimants are substantially

taken to have been proved in the cognate matters in MFA

No.102085/2016 C/w.MFA No.102279/2016

that

are

disposed of by separate orders by us this day wherein the

two offending vehicles namely Tempo Trax bearing

Registration No.AP-10/AB-8860 and the Cruiser vehicle

bearing Registration No.KA-35/A-4475 were involved in

the accident. We have also apportioned the contribution

of negligence between these two vehicles in the ratio of

50:50 as has been rightly done by the Tribunal. Further

5

we have fastened the li