Karnataka High Court
Gopal Shaniyar Gouda vs Govind Govind Naik on 28 August, 2025
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NC: 2025:KHC-D:10874
MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 23003 OF 2013 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 23001 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 23002 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 23004 OF 2013
MISCELLANEOUS FIRST APPEAL NO. 23005 OF 2013
IN MFA NO. 23003 OF 2013
BETWEEN:
1. GANESH IRU GOUDA
AGED ABOUT 29 YEARS, OCC: COOLIE,
R/O. HEGADE TANNIRKULI,
TQ: KUMTA, DIST: KARWAR.
...APPELLANT
(BY SRI. S.N. BANAKAR, ADV)
AND:
1. GOVIND GOVIND NAIK
MOHANKUMAR SINCE DECEASED BY HIS LRS.
B SHELAR
1a. SHRI. GANESH GOVIND NAIK
Digitally signed by
MOHANKUMAR B AGED ABOUT 45 YEARS, R/O. CHITTEKAMBI,
SHELAR
Date: 2025.09.10 POST: HEGADE, TQ: KUMTA, DIST: N.K.
17:15:50 +0530
1b. SHRI. KANCHU GOVIND NAIK
AGED ABOUT 41 YEARS, OCC: DRIVER
KSRTC BANGALORE DEPOT,
R/O. POST: HEGADE, TQ: KUMTA, DIST: N.K.
1c. SMT. SAVITRI W/O GOVIND NAIK
AGED ABOUT 65 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
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MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
2. THE GENERAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8 EPIP, RICO SITAPUR, JAIPUR,
RAJASTHAN-302022, JAIPUR.
3. JATTI NAGAPPA NAIK
AGED 56 YEARS, OCC: DRIVER,
POST: HEGADE, R/O. CHITTEKEMBI,
TQ: KUMTA, DIST: KARWAR.
...RESPONDENTS
(BY SRI. B.V. SOMAPUR, ADV FOR R1(A TO C) & R3,
SRI. S.K. KAYAKAMATH, ADV FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:28-02-2013 PASSED IN MVC
NO.22/2012 ON THE FILE OF MEMBER, ADDL. MACT, KUMTA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 23001 OF 2013
BETWEEN:
1. GOVIND TAMMANNA GOUDA
AGED ABOUT 35 YEARS, OCC: COOLIE,
R/O. HEGADE TANNIRKULI,
TQ: KUMTA, DIST: KARWAR.
...APPELLANT
(BY SRI. S.N. BANAKAR, ADV)
AND:
1. GOVIND GOVIND NAIK
SINCE DECEASED BY HIS LRS.
1a. SHRI. GANESH GOVIND NAIK
AGED ABOUT 45 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
1b. SHRI. KANCHU GOVIND NAIK
AGED ABOUT 41 YEARS, OCC: DRIVER
KSRTC BANGALORE DEPOT,
R/O. POST: HEGADE, TQ: KUMTA, DIST: N.K.
1c. SMT. SAVITRI W/O GOVIND NAIK
AGED ABOUT 65 YEARS, R/O. CHITTEKAMBI,
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NC: 2025:KHC-D:10874
MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
POST: HEGADE, TQ: KUMTA, DIST: N.K.
2. THE GENERAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8 EPIP, RICO SITAPUR, JAIPUR,
RAJASTHAN-302022, JAIPUR.
3. JATTI NAGAPPA NAIK
AGED 56 YEARS, OCC: DRIVER,
POST: HEGADE, R/O. CHITTEKEMBI,
TQ: KUMTA, DIST: KARWAR.
...RESPONDENTS
(BY SRI. B.V. SOMAPUR, ADV FOR R1(A TO C) & R3,
SRI. S.K. KAYAKAMATH, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:28-02-2013 PASSED IN MVC
NO.18/2012 ON THE FILE OF MEMBER, ADDL. MACT, KUMTA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 23002 OF 2013
BETWEEN:
1. GOPAL SHANIYAR GOUDA
AGED ABOUT 27 YEARS, OCC: COOLIE,
R/O. HEGADE TANNIRKULI,
TQ: KUMTA, DIST: KARWAR.
...APPELLANT
(BY SRI. S.N. BANAKAR, ADV)
AND:
1. GOVIND GOVIND NAIK
SINCE DECEASED BY HIS LRS.
1a. SHRI. GANESH GOVIND NAIK
AGED ABOUT 45 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
1b. SHRI. KANCHU GOVIND NAIK
AGED ABOUT 41 YEARS, OCC: DRIVER
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NC: 2025:KHC-D:10874
MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
KSRTC BANGALORE DEPOT,
R/O. POST: HEGADE, TQ: KUMTA, DIST: N.K.
1c. SMT. SAVITRI W/O GOVIND NAIK
AGED ABOUT 65 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
2. THE GENERAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8 EPIP, RICO SITAPUR, JAIPUR,
RAJASTHAN-302022, JAIPUR.
3. SHRI. JATTI NAGAPPA NAIK
AGED 56 YEARS, OCC: DRIVER,
POST: HEGADE, R/O. CHITTEKEMBI,
TQ: KUMTA, DIST: KARWAR.
...RESPONDENTS
(BY SRI. B.V. SOMAPUR, ADV FOR R1(A TO C) & R3,
SRI. S.K. KAYAKAMATH, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:28-02-2013 PASSED IN MVC
NO.21/2012 ON THE FILE OF MEMBER, ADDL. MACT, KUMTA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 23004 OF 2013
BETWEEN:
1. MANJUNATH NAGU GOUDA
AGED ABOUT 27 YEARS, OCC: COOLIE,
R/O. HEGADE TANNIRKULI,
TQ: KUMTA, DIST: KARWAR.
...APPELLANT
(BY SRI. S.N. BANAKAR, ADV)
AND:
1. GOVIND GOVIND NAIK
SINCE DECEASED BY HIS LRS.
1a. SHRI. GANESH GOVIND NAIK
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MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
AGED ABOUT 45 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
1b. SHRI. KANCHU GOVIND NAIK
AGED ABOUT 41 YEARS, OCC: DRIVER
KSRTC BANGALORE DEPOT,
R/O. POST: HEGADE, TQ: KUMTA, DIST: N.K.
1c. SMT. SAVITRI W/O GOVIND NAIK
AGED ABOUT 65 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
2. THE GENERAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8 EPIP, RICO SITAPUR, JAIPUR,
RAJASTHAN-302022, JAIPUR.
3. SHRI. JATTI NAGAPPA NAIK
AGED 56 YEARS, OCC: DRIVER,
POST: HEGADE, R/O. CHITTEKEMBI,
TQ: KUMTA, DIST: KARWAR.
...RESPONDENTS
(BY SRI. B.V. SOMAPUR, ADV FOR R1(A TO C) & R3,
SRI. S.K. KAYAKAMATH, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:28-02-2013 PASSED IN MVC
NO.23/2012 ON THE FILE OF MEMBER ADDL. MACT, KUMTA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 23005 OF 2013
BETWEEN:
1. MANJUNATH NAGU GOUDA
AGED ABOUT 38 YEARS, OCC: COOLIE,
R/O. HEGADE TANNIRKULI,
TQ: KUMTA, DIST: KARWAR
...APPELLANT
(BY SRI. S.N. BANAKAR, ADV)
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MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
AND:
1. GOVIND GOVIND NAIK
SINCE DECEASED BY HIS LRS.
1a. SHRI. GANESH GOVIND NAIK
AGED ABOUT 45 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
1b. SHRI. KANCHU GOVIND NAIK
AGED ABOUT 41 YEARS, OCC: DRIVER
KSRTC BANGALORE DEPOT,
R/O. POST: HEGADE, TQ: KUMTA, DIST: N.K.
1c. SMT. SAVITRI W/O GOVIND NAIK
AGED ABOUT 65 YEARS, R/O. CHITTEKAMBI,
POST: HEGADE, TQ: KUMTA, DIST: N.K.
2. THE GENERAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8 EPIP, RICO SITAPUR, JAIPUR,
RAJASTHAN-302022, JAIPUR.
3. SHRI. JATTI NAGAPPA NAIK
AGED 56 YEARS, OCC: DRIVER,
POST: HEGADE, R/O. CHITTEKEMBI,
TQ: KUMTA, DIST: KARWAR.
...RESPONDENTS
(BY SRI. B.V. SOMAPUR, ADV FOR R1(A TO C) & R3,
SRI. S.K. KAYAKAMATH, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:28-02-2013 PASSED IN MVC
NO.24/2012 ON THE FILE OF MEMBER, ADDL. MACT, KUMTA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
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MFA No. 23003 of 2013
C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These Miscellaneous First Appeals are filed by the claimants being dissatisfied with the quantum of compensation awarded by the Addl. M.A.C.T. Kumta vide judgment and award dated 28.02.2013 passed in M.V.C.Nos.18/2012, 21/2012, 22/2012, 23/2012 and 24/2012.
2. Brief facts leading rise to the filing of these appeals are as follows:
3. The claimants were traveling in 608 mini lorry bearing registration No.KA-30/1613, on 05.09.2010. The driver of the lorry suddenly applied the break in a negligent manner. Due to which, the lorry turtled and caused on accident. As a result, the claimants sustained grievous injuries. They were shifted to the Government Hospital, Kumta and they spent huge amount towards medical and -8- NC: 2025:KHC-D:10874 MFA No. 23003 of 2013 C/W MFA No. 23001 of 2013 MFA No. 23002 of 2013 HC-KAR AND 2 OTHERS other expenses. Hence, the claimants filed the claim petitions, seeking for compensation.
4. The legal representatives of the deceased owner of the offending vehicle filed a statement of objections denying the averments made in the claim petitions. It is contended that the accident was not occurred due to the rash and negligent driving of the offending vehicle. It is also contended that the offending vehicle was insured with the insurance company and the driver of offending vehicle was having valid and effective driving licence as of the date of accident. Hence, they pray to dismiss the claim petitions as against the owner of the offending vehicle.
5. The insurance company filed a statement of objections denying the averments made in the claim petitions. It is contended that the driver of the offending vehicle was not in possession of valid driving license at the time of accident. Further, there was no valid permit for the insured vehicle and therefore, there is a breach of policy -9- NC: 2025:KHC-D:10874 MFA No. 23003 of 2013 C/W MFA No. 23001 of 2013 MFA No. 23002 of 2013 HC-KAR AND 2 OTHERS terms and conditions. Hence, prayed to dismiss the claim petitions against the insurance company.
6. All the claim petitions were clubbed and the Tribunal based on the pleadings of the parties, framed the common issues.
7. Common evidence was recorded. Claimants were examined as PW-1 to PW-7 and also examined 3 witnesses as PW-8 to PW-10 and marked 30 documents. In rebuttal, one of the legal representatives of the deceased owner was examined himself as RW-1 and the Legal Officer of the insurance company was examined as RW-2 and marked 5 documents as Exs.R-1 to R5.
8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part and held that the claimant in M.V.C.No.18/2012 is entitled to compensation of Rs.6,000/-, claimant in M.V.C.No.21/2012 is entitled to compensation of Rs.6,500/- , claimant in M.V.C.No.22/2012 is entitled to compensation
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MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
of Rs.4,000/-, claimant in M.V.C.No.23/2012 is entitled to compensation of Rs.7,000/- and claimant in M.V.C.No.24/2012 is entitled to compensation of Rs.16,500/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization and dismissed the claim petitions against the insurance company and directed the legal representatives of the deceased owner of the offending vehicle to deposit the compensation amount. The claimants, being dissatisfied with the quantum of compensation, filed these appeals.
9. Heard the arguments of the learned counsel for claimants, learned counsel for insurance company and the learned counsel for the legal representatives of the deceased owner of the offending vehicle.
10. Learned counsel for claimants submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the liability fastened on the owner of the vehicle is illegal. Hence, he submits that the insurance
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HC-KAR AND 2 OTHERS
company may be directed to pay the compensation amount and recover the same from the LR's of the owner of the vehicle. Hence, on these grounds, he prays to allow the appeals.
11. Per contra, learned counsel for insurance company submits that the claimants were traveling in the offending vehicle as unauthorized passengers and the judgment and award passed by the tribunal is just and proper. Hence, prays to dismiss the appeals.
12. Learned counsel for the legal representatives of the deceased owner submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference. He also submits that the driver of the offending vehicle was possessing a valid and effective driving licence as of the date of accident. Hence, prays to fasten the liability on the insurance company and to dismiss the appeals by setting aside the judgment passed by the Tribunal, as against the owner of the vehicle.
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HC-KAR AND 2 OTHERS
13. Perused the records and considered the
submissions of the learned counsel for the parties.
14. The points that would arise for consideration are regarding to the liability and the quantum of compensation. Regarding liability:
15. It is not in dispute that the claimants were traveling in the offending lorry. The driver driven the lorry in a rash and negligent manner. As a result, the lorry turtled and the claimants sustained grievous injuries. To prove that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle, the claimants have produced a charge sheet at Ex.P-5. The Tribunal was justified in recording its finding that the accident occurred due to rash and negligent driving of the driver of the offending vehicle. The insurance company has taken a specific contention that the claimants were traveling as unauthorised passengers in the offending lorry as on the date of accident. Though the claimants have contended
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MFA No. 23003 of 2013
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that they were traveling in the lorry as hamalies, to prove the same, they have not examined the owner of the offending lorry. Thus, there is breach of condition of the policy and the Tribunal was justified in recording its finding that there is a breach of contract as the claimants were traveling as unauthorized passengers. Thus, the point regarding liability is answered accordingly. Regarding quantum of compensation:
16. Though the claimants have contended that they have suffered permanent disability, but they have not examined the doctor to prove the disability. Considering the wound certificates marked as Exs.P-6, P-14, P-19 and P-23 which disclose that the injuries sustained by the claimants are simple in nature and hence, the compensation awarded by the Tribunal is just and proper and do not call for any interference. Accordingly, I proceed to pass the following:
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C/W MFA No. 23001 of 2013
MFA No. 23002 of 2013
HC-KAR AND 2 OTHERS
ORDER
(i) The Miscellaneous First Appeals are dismissed.
(ii) The judgment and award dated 28.02.2013
passed in M.V.C.Nos.18/2012, 21/2012,
22/2012, 23/2012 and 24/2012 by the Addl. M.A.C.T. Kumta is confirmed.
Sd/-
(ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 2