- 1 - HC-KAR NC: 2025:KHC-K:3249 MFA No. 202546 of 2019 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.202546 OF 2019 (MV-D) BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., FIRST FLOOR SANGAMA BUILDING, S.S. FRONT ROAD, VIJAYAPUR. THROUGH ITS DIVISIONAL MANGER. …APPELLANT (BY SRI S.S.ASPALLI, ADVOCATE) AND: 1. BADASHA S/O NABISAB MULLA, AGE: 34 YEARS, OCC: COOLIE, 2. MAMATAJ W/O BADASHA MULLA, AGE: 31 YEARS, OCC: H.H. WORK, BOTH ARE R/O: KAMBAGI, TQ: & DIST: VIJAYAPUR – 586 101. 3. HANAMANT S/O DUNDAPPA HONNALLI, AGE: 42 YEARS, OCC: BUSINESS, R/O: AMALAZARE, TQ: BILAGI, DIST: BAGALKOT – 587 103. …RESPONDENTS (BY SRI VIRANAGOUDA BIRADAR, ADVOCATE FOR R1 AND R2; NOTICE TO THE DECEASED R3 (HIS LEGAL HIERS) DISPENSED WITH) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3249 MFA No. 202546 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS IN M.V.C. NO.615/2017 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND M.A.C.T.-XII VIJAYAPUR, DATED- 04.06.2019 AND SET ASIDE THE JUDGMENT AND AWARD DATED 04.06.2019 IN M.V.C. NO.615/2017 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND M.A.C.T-XII VIJAYAPUR, BY ALLOWING THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 04.06.2019 passed by III Addl. Senior Civil Judge and M.A.C.T-XII, Vijayapur in MVC no.615/2017, this appeal is filed. 2. Sri S.S. Aspalli, learned counsel submits that appeal was by insurer, challenging award on quantum. It was submitted that on 05.12.2016, when deceased Sana Mulla, aged 7 years, was returning home from school at Kumbagi village, driver of goods vehicle bearing registration no.KA-29/A- 7261 drove it in rash and negligent manner, causing her death on spot. Alleging loss of dependency her parents filed claim petition under Section 166 of MV Act against owner and insurer of offending vehicle. - 3 - HC-KAR NC: 2025:KHC-K:3249 MFA No. 202546 of 2019 3. On contest, wherein owner and insurer denied/disputed accident and alleged violation of policy conditions, etc, Tribunal framed issues and recorded evidence. Claimant no.1 was examined as PW-1 and got marked Exs.P-1 to P-10. Respondent examined RTO as RW-1 and got marked driving license as Ex.R-1 and copy of insurance policy as Ex.R- 2. 4. On consideration, Tribunal held that accident occurred due to rash and negligent driving of insured vehicle by its driver and claimants were entitled for compensation and held insurer liable to pay same. Relying upon decisions of Hon’ble Apex Court in case of Kishan Gopal and Another v. Lala and others reported in (2014) 1 SCC 244 and Sarla Verma and Others v. Delhi Transport Corp. and Another reported in (2009) 6 SCC 121 it awarded Rs.5,60,000/- with interest at 6% from date of petition. Aggrieved, insurer filed appeal contending that it was excessive. 5. Heard learned counsel and perused impugned award. - 4 - HC-KAR NC: 2025:KHC-K:3249 MFA No. 202546 of 2019 6. Though, learned counsel sought to contend that compensation awarded was excessive, Hon’ble Supreme Court in Kishan Gopal’s case (supra) had awarded Rs.5,00,000/- with 9% interest, whereas in instant case it is Rs.5,60,000/- with 6% interest. Considering same, difference in net award amount would be marginal. Hence, I do not find any sufficient ground to entertain appeal. 7. Accordingly, appeal is dismissed. Amount in deposit is ordered to be transmitted to tribunal. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 1 Sl No.: 10 Ct;Vk