IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF JUNE 2021

PRESENT

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

AND

THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR

M.F.A. NO.102365 OF 2017 (MV)

C/W M.F.A. NO.102456 OF 2017 (MV)

In M.F.A. No.102365 of 2017

Between:

Mr Veerappa Biradar Patil

Aged About 53 Years,

Occupation: Advocate & Agriculture,

Son Of Mr Gurappa Biradar Patil,

R/O: Sattigeri, Tal: Saundatti,

Dist: Belagavi.

...Appellant

(By Sri. P.V. Gunjal, Advocate)

And

1. Mr Anil Karabannavar

Age: 33 Years, Occ: Agriculture,

Son Of Mr. Gangadhar Karabannavaar,

R/O: Chachadi, Tal: Saundatti,

Dist: Belagavi.

2

2. The Regional Manager,

National Insurance Company Ltd.,

Regional Office, Arihant Plaza,

II Floor, Kusugal Road,

Keshwapur, Hubballi-23,

Dist: Dharwad.

…Respondents

(By Sri. Gangadhar S. Hosakeri, Advocate for R2)

(Notice to R1 is dispensed with)

This MFA is filed under section 173(1) of Motor Vehicles

Act, 1988, against the judgment and award dated 13.04.2017

passed in MVC No.1300/2014 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.

In M.F.A. No.102456 Of 2017

Between

The National Insurance Co. Ltd.,

Through Its Regional Manager,

The National Insurance Co.Ltd.,

Regional Office,

Arihant Archade, Kusugal Road,

Keshwapur, Hubballi-23,

Dist: Dharwad, By Its Duly Authorized

Officer, Administrative Officer,

Pin-580023.

...Appellant

(By Sri. Gangadhar S. Hosakeri, Advocate)

A n d

1. Veerappa, S/o Gurappa Biradar Patil,

Aged: 53 Years,

Occ: Agriculture and Advocate,

R/O: Sattigeri, Tq: Saundatti,

Dist: Belagavi-591129

3

2. Anil Gangadhar Karabannavar

Aged 33 Years, Occ: Agriculture,

R/O: Chachadi, Tq: Saundatti,

Dist: Belagavi-591102

…Respondents

(By Sri. P.V. Gunjal, Advocate For R1)

(R2 – Served)

This MFA is filed under Section 173(1) of Motor Vehicles

Act, 1988, against the judgment and award dated 13.04.2017

passed in MVC No.1300/2014 on the file of The Senior Civil

Judge and Member, Additional Motor Accident Claims Tribunal,

Saundatti, awarding compensation of Rs.13,90,767/- with

interest at 9% p.a. from the date of petition till its realisation.

These MFAs appeal coming on for Admission this day,

Krishna S.Dixit, J, delivered the following:

JUDGMENT

The appeal in M.F.A. No.102456 of 2017 by the insurer

and the appeal in M.F.A. No.102365 of 2017 by the claimant

seek to lay a challenge to the same Judgment & Award dated

13.04.2017 made by the Additional Motor Accident Claims

Tribunal, Saundatti, whereby the claim petition in M.V.C.

No.1300 of 2014 having been favoured a compensation of

Rs.13,90,767/- with interest at the rate of 9% per annum has

been awarded subject to the usual condition of Bank deposit of

4

one half amount for a period of five years, with liberty to the

claimant to withdraw the interest accruing thereon.

2.

The challenge by the insurer is on the ground of

excessive award of compensation whereas the challenge by

the claimant is founded on the alleged inadequacy of

compensation. After service of notice, the parties having

entered appearance oppose each other’s appeal and support

their own.

3.

Having heard the learned counsel for the parties

and having perused the original TCR, we are not inclined to

grant indulgence in both the appeals so far as the quantum of

compensation

is

concerned,

for

the

following

reasons;

however, we agree with the submission of the counsel for the

claimant

that

the

condition

of

requiring

50%

of

the

compensation amount being parked in Bank Deposit for a

period of five years needs to rescinded -

(a) The vehement contention of learned counsel for the

claimant that what has been awarded as compensation