- 1 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.201871 OF 2023 (MV-D) BETWEEN: 1. VIJAY S/O MARUTI LAVATE, AGE: 38 YEARS, OCC: DRIVER, 2. RANJANA W/O VIJAY LAVATE, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: RAJAPUT GALLI, VIJAYAPURA – 586 101. …APPELLANTS (BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE) AND: 1. BALASAHEB S/O BAPUSAHEB PATIL, AGE: 48 YEARS, OCC: BUSINESS, AT PRESENT RAJAPUR, TQ: SANGOLA, DIST: SOLAPUR, MAHARASHTRA – 413 307. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, HANAMSHETTY BUILDING, GURUKUL ROAD, VIJAYAPURA – 586 101. …RESPONDENTS (BY SRI RAHUL R. ASTURE, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 18.06.2022 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, M.A.C.T.-VI, AT VIJAYAPURA, IN M.V.C. NO.2241/2014, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 18.06.2022 passed by I Addl. Senior Civil Judge and Member M.A.C.T.-VI, Vijayapura (for short, Tribunal) in MVC no.2241/2014, this appeal is filed. 2. Sri Sanganagouda V.Biradar, learned counsel submitted appeal was by claimants for enhancement of compensation. It was submitted, at 9:00 am on 20.02.2014 Gayatri was walking on side of Sangola-Mangalweda road, rider of motorcycle bearing registration no.MH-45-V-0283, rode it in rash and negligent manner and dashed against her causing accident. She succumbed to injuries, during treatment. Her - 3 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 parents filed claim petition under Section 166 of MV Act, against owner and insurer of motorcycle. 3. On contest, wherein only respondent no.2 – insurer filed written statement urging various contentions and alleging violation of policy conditions, tribunal framed issues and recorded evidence. Claimant no.2 examined herself and eye- witness as PWs.1 and 2 and got marked Exs.P1 to P16. Insurer examined its official as RW.1 and got marked insurance policy as Ex.R1. 4. On consideration, tribunal held accident occurred due to rash and negligent riding of motorcycle by its rider, vehicle was covered with insurance and owner and insurer jointly and severally liable to pay `2,01,700/- as compensation. Dissatisfied, claimants are in appeal. 5. It was submitted though death of claimants’ daughter – Gayatri, aged 6 years was not disputed, merely on ground that post most examination report was not produced, Tribunal awarded only medical expenses and rejected claim petition insofar as loss of dependency. It was submitted, victim was admitted to hospital for treatment on 20.02.2014, - 4 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 discharged on 01.04.2014 and died about 23 days thereafter. It was submitted in Ex.P.16, hospital had clearly mentioned that discharge was not after recovery but as per request. In absence of any material about some other cause for death than accidental injuries, Tribunal ought to have inferred death was on account of injuries sustained in an accident and awarded compensation. Failure had resulted in impugned award and same called for interference. 6. On other hand, Sri Rahul R. Asture, learned counsel for respondent-insurer opposed appeal. It was submitted, Tribunal had given finding about failure to establish nexus between death and injuries sustained in an accident on proper appreciation of material on record. Therefore, award did not call for interference. 7. Heard learned counsel and perused impugned judgment and award. 8. From above and since claimants are in appeal seeking for enhancement of compensation, following point would arise for consideration: - 5 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 “Whether claimants are entitled for enhancement of compensation?” 9. Since Tribunal allowed claim petition in part and held insurer liable to compensation and insurer has not preferred appeal, finding of Tribunal about occurrence of accident, involvement of insured vehicle and liability of insurer to pay compensation are not in dispute. 10. Tribunal rejected claim only insofar as loss of dependency on ground that claimants had failed to establish nexus between death and accidental injuries. Medical records would reveal that claimant sustained diffused axonal and left basal ganglionic bleed right clavicle fracture and was in hospital from 20.02.2014 i.e., date of accident till her discharge on 01.04.2014. She died later on 27.05.2014 i.e., after 56 days. Ex.P.16–Case-sheet clearly reveals that victim had not recovered and was discharged on request. There is no material to indicate that discharge was against medical advise or had aggravated ailment or accelerated death indicative of negligence on part of claimants. When it was not case of insurer that death was on account of some other cause, - 6 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 contents of Case Sheet – Ex.P.16 about treatment administered would heap probabilities in favour of finding that death was on account of injuries sustained in accident. Therefore, Tribunal was not justified in denying claim towards loss of dependency. Hon’ble Supreme Court in case of Kishan Gopal and another vs. Lala and others1 has held in case of death of minor, claimants would be entitled to lump-sum compensation of `5,00,000/- towards loss of dependency. Point for consideration would therefore required to be answered in affirmative. Said amount would be in addition to medical expenses of `2,01,700/- awarded by Tribunal. Hence, following: ORDER i. Appeal is allowed in part. ii. Claimants are held entitled for total compensation of `7,01,700/- with interest at 6% per annum from date of claim petition till realization. iii. Respondent-insurer to deposit same before Tribunal within a period of six weeks. iv. Direction issued by Tribunal regarding apportionment, deposit and release shall be 1 2014 (1) SCC 244 - 7 - HC-KAR NC: 2025:KHC-K:3185 MFA No. 201871 of 2023 applied to enhanced compensation proportionately. Sd/- (RAVI V HOSMANI) JUDGE sn List No.: 1 Sl No.: 35