- 1 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102020 OF 2024 (GM-RES) BETWEEN: 1. DR. SUJAY S/O. UMESH BANI, AGE. 27 YEARS, OCC. STUDENT, R/O. MEDICAL PG AND RESIDENTS HOSTEL NEW LIBRARY BUILDING, BEHIND GIMS COLLEGE BUILDING, UTTARANAHALLI, MAIN ROAD KENGERI, BANGALORE -560060. 2. DR. ANANYA D/O. UMESH BANI, AGE. 24 YEARS, OCC: STUDENT, R/O. #21, SAI ANANYA NILAY VIKAS NAGAR, DHARWAD -580008. 3. NIRMALA W/O. UMASH BANI, AGE: 54 YEARS, OCC: ADVOCATE, R/O: #21, SAI ANANYA NILAY, VIKASNAGAR, DHARWAD- 580008. …PETITIONERS (BY SRI JAGADISH PATIL, ADVOCATE) AND: 1. STATE LEGAL SERVICE AUTHORITY REPRESENTED BY SECRETARY NYAYA DEGULA, 1ST FLOOR, H. SIDDAIAH ROAD, BENGALURU -560027. 2. DISTRICT LEGAL SERVICE AUTHORITY, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:34 +0530 - 2 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 BELAGAVI, REPRESENTED BY ITS SECRETARY, COURT COMPLEX, BELAGAVI -590001. …RESPONDENTS (BY SRI M.T. BANGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO A) A WRIT OF CERTIORARI QUASHING THE ORDER DATED 11-10-2022 PASSED BY RESPONDENT NO. 1 VIDE ANNEXURE-D LETTER DATED 19-10-2022 IN 10/VPS/APPEAL/2022 22/08/2022 AND ALLOW THE APPLICATION AND AWARD APPROPRIATE COMPENSATION UNDER KARNATAKA VICTIM COMPENSATION SCHEME 2011 TO THE PETITIONERS. GRANT ANY OTHER RELIEF THAT THE HON’BLE COURT DEEMS JUST AND PROPER IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court calling in question an order dated 11.10.2022, which rejects the claim for compensation on a road traffic accident under the Karnataka Victim Compensation Scheme, 2011. 2. Heard Sri Jagadish Patil, learned counsel for petitioners and Sri Mrutyunjay Tata Bhangi, learned counsel for respondents. - 3 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 3. Facts in brief germane are as follows: On 07.12.2018 the father of the petitioners No.1 and 2 and husband of petitioner No.3 meets with a road traffic accident and gets severely injured. He was said to be in hospital for over a month and succumbs to the injuries sustained in the road traffic accident. A claim is made by the children and wife of the deceased invoking the provisions of the Scheme before the appropriate authority. The claim comes to be rejected. The rejection of which is challenged by filing an appeal and the appeal also comes to be rejected. It is these two orders that are called in question before this Court by the petitioners in the subject petition. 4. Learned counsel Sri Jagadish Patil would submit that the father of the petitioner was driving a vehicle, which had no insurance, is an admitted fact, but that does not mean his claim to be a victim, and grant of victim compensation should be denied under the Scheme. He - 4 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 would submit that the matter requires reconsideration at the hands of the respondent. 5. Learned counsel Sri Mrutyunjay Tata Bhangi appearing for respondents No.1 and 2 would refute the submission contending that the cases covered under the Motor Vehicles Act would not be covered under the Scheme. This is a case where it is completely covered under the Motor Vehicles Act and negligence attributable to the person who was riding the two wheeler. The learned counsel would submit that if this claim is permitted then it would open pandora’s box by plethora of claims being registered on cases where insurance had not been taken or insurance had lapsed. 6. I have given my anxious consideration to the submissions of the learned counsel for parties and perused the material on record. 7. The aforenarrated facts are not in dispute. The Scheme is notified on 22.02.2012. The Scheme defines who is a victim. - 5 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 “(e) “Victim” means a person who himself has suffered loss or injury as a result of crime and require rehabilitation and includes his dependents who had suffered loss or injury as a result of the crime and who require rehabilitation. 3. Victims Compensation Fund. (1) There shall be a Fund called the Victims Compensation Fund. (2) There shall be credited to the said fund,- (i) all grants, subventions, donations and gifts made by the Central Government, State Government, any local authority or anybody, whether incorporated or not or any person: (ii) all other sums received by or on behalf of the victims compensation from any source whatsoever. (3) Except as otherwise directed by the State Government all moneys credited to the Fund shall be invested in any Scheduled Bank or in the State Government Treasury. 4. Application of the Victims Compensation Fund: The fund shall be applied for carrying out the purposes of this Scheme. 5. Grant by the State Government.- The State Government may every year make a grant to the fund of a sum equivalent to the expenses of the previous year or the probable expenditure requested by the State Legal Service Authority. 6. Eligibility for Compensation: A victim shall be eligible for the grant of compensation if. (1) the offender is not traced or identified, but the victim is identified, and where no trial takes place, such victim may also apply for grant of compensation under sub-section (4) of section 357-A of the Act. (2) the victim/claimant report the crime to the officer-in-charge of the police station within 48 - 6 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 hours of the occurrence or any senior police officer or Executive Magistrate or Judicial Magistrate of the area; Provided that the District Legal Service Authority, if satisfied, for reasons to be recorded in writing, may condone the delay in reporting. (3) the victim/claimant shall cooperate with the police and prosecution during the investigation arid trail of the case. 7. The cases covered under Motor Vehicle Act 1988 (59 of 1988) wherein compensation is to be awarded by the Motor Accident Claim Tribunal shall not be covered under the Scheme.” 8. The definition of victim in the aforequoted Scheme is unequivocal. A victim would mean a person who himself has suffered loss or injury, as a result of a crime and would require rehabilitation and includes his dependents, who have suffered loss or injury, as a result of crime and would require rehabilitation. The father of the petitioners No.1 and 2 and husband of petitioner No.3 traveling on a two wheeler meets in a road traffic accident and result of the accident is succumbing to the injuries after a month. The victim of an accident cannot be treated as a victim under the Scheme, is the threshold hurdle that - 7 - NC: 2025:KHC-D:3010 WP No. 102020 of 2024 the petitioners are unable to cross. The next would be the eligibility for compensation. 9. Clause 7(7) clearly mandates that cases covered under the Motor Vehicles Act, wherein compensation is to be awarded by the Motor Accidents Claims Tribunal, shall not be covered under the Scheme. 10. In the case at hand, it is a case where claim should have been made before the Motor Vehicles Accident Claims Tribunal, but unfortunately the offending motorcycle did not insure. Therefore, for this circumstance, interpretation that runs completely counter to the Scheme, cannot be laid in the case at hand, merely because a crime is registered against the offender. Finding no merit in the petition, petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 17 CT. GTB