- 1 - NC: 2025:KHC-K:1957 MFA No. 202259 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.202259 OF 2022 (MV-I) BETWEEN: NILAWWA W/O BASAPPABUDNI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O GUNADAL VILLAGE, TQ. AND DIST. VIJAYAPURA-586 125. …APPELLANT (BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE) AND: 1. NANDABASAPPA BHIMAPPA DEVAPUR, AGE: 40 YEARS, OCC: BUSINESS, R/O LINGDALLI, TQ. AND DIST. VIJAYAPURA-577 129. 2. THE MANAGER (LEGAL) CLAIMS, BHARATI AXA GENERAL INSURANCE CO. LTD., 1ST FLOOR, ENTRAL BUILDING, OPPOSITE TO VIDYANAGAR POLICE STATION, HUBLI-580 009. …RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2; V/O DTD. 07.02.2024, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1957 MFA No. 202259 of 2022 THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT BY SUITABLY MODIFYING JUDGMENT AND AWARD DATED 23.01.2021 PASSED BY THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XV, VIJAYAPURA, IN MVC NO.1092/2018. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) 1. None appears for the appellant. 2. Heard learned counsel appearing for respondent No.2. 3. The Tribunal has awarded a compensation of Rs.57,500/- in connection with the injuries suffered by the petitioner in the accident that occurred on 29.09.2014 at Gunadal village. The nature of the injuries suffered by the petitioner are simple in nature. The vehicle owned by respondent No.1 i.e., Motor Cycle bearing No.KA.28.EF.0038 had no coverage of the insurance - 3 - NC: 2025:KHC-K:1957 MFA No. 202259 of 2022 policy. Though, it was contended that respondent No.2 is the insurer, the policy was either not produced or the details of the same were stated by the petitioner. On that ground, the Tribunal dismissed the petition as against respondent No.2 and fastened the liability upon respondent No.1, owner of the vehicle. Therefore, there is no reason to interfere in the judgment of the Tribunal. Consequently, the appeal is dismissed at the admission stage itself. Sd/- (C M JOSHI) JUDGE TSN List No.: 1 Sl No.: 48 CT: AK