- 1 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101989 OF 2015 (MV) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI, REPRESENTED THROUGH REGIONAL OFFICE, SUMANGALA COMPLEX, IIND FLOOR, STATION ROAD, HUBBALLI, REP. BY ITS DEPUTY MANAGER. … APPELLANT (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE) AND: 1. SMT. SHOBHA SHIVAPAD VADGI, AGED ABOUT 36 YEARS, OCC: HOUSEHOLD WORK, R/O: KHEMALAPUR, TQ: RAIBAG, DIST: BELAGAVI. 2. KUM. SACHIN S/O. SHIVAPAD VADGI, AGED ABOUT 22 YEARS, OCC: STUDENT, R/O: KHEMALAPUR, TQ: RAIBAG, DIST: BELAGAVI. 3. KUM. PRAVEEN S/O. SHIVAPAD VADGI, AGED ABOUT 22 YEARS, OCC: STUDENT, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 R/O: KHEMALAPUR, TQ: RAIBAG, DIST: BELAGAVI. 4. KUM. NAVEEN S/O. SHIVAPAD VADGI, AGED ABOUT 22 YEARS, OCC: STUDENT, R/O: KHEMALAPUR, TQ: RAIBAG, DIST: BELAGAVI. 5. MR. BALACHANDRA NAGAPPA DEVANNAVAR, AGED ABOUT 41 YEARS, OCC: BUSINESS, R/O: PLOT NO.27, MUDALAGI GURLAPUR, TQ: GOKAK, DIST: BELAGAVI, (OWNER OF THE MOTOR CYCLE BEARING NO.KA49/L-9244). … RESPONDENTS (BY SRI. K. ANANDKUMAR, ADVOCATE FOR R1-R4; R5-HELD SUFFICIENT) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.04.2015 PASSED IN MVC NO.1462/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT RAIBAG. THIS APPEAL, COMING ON FOR HEARING-INTERLOCUTORY APPLICATION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the appellant/Insurance Company challenging the judgment and award dated 30.04.2015 passed in MVC No.1462/2014 on the file of Senior Civil Judge and MACT, Raibag1, questioning the liability fastened on it to pay entire compensation amount. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 3. It is the case of the claimants that on 15.04.2014 at about 19.30 hours in the evening the deceased-Shivapa Vadgi along with his relative (Sadashiv Kallappa Vadgi) were proceeding on the motorcycle bearing Reg.No.KA-49/L-9244 towards Harugeri to bring the bearing Pumpset. In the said motorcycle, the deceased was a pillion rider and his relative was riding the said 1 (hereinafter referred to as ‘the Tribunal’ for short) - 4 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 motorcycle in a moderate speed on the left side of Koligudda-Harugeri road by observing all the traffic rules and regulations and when they reached near the spot of the accident i.e., within the limits of Harugeri at that time, the rider of the motorcycle bearing KA-23/Y-6921 came from Harugeri side by riding the same in a very high speed and dashed to the motorcycle on which the deceased was proceeding and caused the accident. Due to the said impact, the deceased-Shivapa Vadgi sustained grievous injuries and died on the spot. 4. The claimants being legal heirs of the deceased have filed claim petition under Section 163(A) of the Motor Vehicles Act, 1988. Upon the claim petition filed by the claimants, the Tribunal has awarded compensation under the following heads: Sl. No. Particulars Amount in Rs. 1. Loss of dependency. (40,000 x 1/3 = 26,666 x 15) 3,99,990/- 2. Funeral expenses. 15,000/- 3. Towards consortium. 20,000/- - 5 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 4. Love and affection each 10,000/- in respect of petitioner Nos.2 to 4. 30,000/- Total: 4,64,990/- 5. Since, the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988. Therefore, mere involvement of vehicle is sufficient and accordingly fastened liability on the owner and insurer of the motorcycle bearing Reg.No.KA-23/Y-6921, which is found to be correct one and needs no interference. 6. So far as quantum of compensation is concerned, the Tribunal has committed error in awarding compensation of Rs.65,000/- on conventional heads (funeral expenses, towards consortium and towards love and affection), which needs modification. Therefore, on conventional heads like funeral expenses and loss of love and affection and loss of estate, in all, a sum of Rs.9,500/- is awarded. - 6 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 7. So far as compensation of Rs.3,99,990/- towards loss of dependency awarded by the Tribunal is found to be correct. Hence, the same is kept intact. 8. Thus, in all, the claimants are entitled to compensation of Rs.4,09,490/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization. Therefore, the appeal is liable to be allowed in part to the said extent. 9. In the result, I proceed to pass the following: ORDER i. Appeal is allowed-in-part. ii. The judgment and award dated 30.04.2015 passed in MVC No.1462/2014 on the file of Senior Civil Judge and MACT, Raibag, stands modified holding that the claimants are entitled to compensation of Rs.4,09,490/- as against Rs.4,64,990/- awarded by the Tribunal. - 7 - HC-KAR NC: 2025:KHC-D:8052 MFA No. 101989 of 2015 iii. Amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal along with TCR. iv. Draw modified award accordingly. v. No order as to costs. In view of disposal of the appeal, pending IA’s, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 17