- 1 - HC-KAR NC: 2025:KHC-D:8363 MFA No. 101301 of 2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 03RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101301 OF 2014 (MV-D) BETWEEN: SHRI DAMU S/O BABAJI PATIL, AGE: 80 YEARS, OCC: NIL, R/O: KASARI, TQ: KAGAL, DIST: KOLHAPUR, STATE: MAHARASHTRA. … APPELLANT (BY SRI NEELENDRA D. GUNDE, ADVOCATE.) AND: 1. SMT. SANDYARANI W/O NITIN RAUT @ NAIK, AGE: 25 YEARS, OCC: HOUSEHOLD, 2. KUMARI GAYATHRI D/O NITIN RAUT @ NAIK, AGE: 05 YEARS, OCC: NIL, SINCE MINOR REPRESENTED BY NEXT FRIEND MOTHER SMT. SANDYARANI NAIK W/O NITIN RAUT @ NAIK, AGE: 25 YEARS, OCC: HOUSEHOLD. 3. KUMARI DEVAYANI D/O NITIN RAUT @ NAIK, AGE: 01 YEAR, OCC: NIL, SINCE MINOR REPRESENTED BY NEXT FRIEND MOTHER SMT. SANDYARANI NAIK, W/O NITIN RAUT @ NAIK, AGE: 25 YEARS, COCC: HOUSEHOLD. 4. MR. BAPU S/O DNYANDEV RAUT @ NAIK, SINCE DECEASED BY HIS LR’S., RESPONDENTS NO.1 TO 3 AND 5. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8363 MFA No. 101301 of 2014 5. SMT. SHASHIKALA W/O BAPU RAUT @ NAIK, AGE: 65 YEARS, OCC: NIL, ALL THE RESPONDENTS ARE R/O: PANGERI (A), TQ: CHIKODI, DIST: BELAGAVI. … RESPONDENTS (BY SRI M.J. PEERJADE, ADVOCATE FOR R1 AND R5; R2 AND R3 ARE MINORS R/BY R1; R4 – DECEASED, REP. BY R.1 TO 3 AND 5.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.07.2013, PASSED IN M.V.C.NO.392/2013, ON THE FILE OF THE LEARNED VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELGAUM, AT: CHIKODI AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the owner of the vehicle challenging the judgment and award dated 25.07.2013, passed by the VII Additional District and Sessions Judge, Belagavi, at Chikodi, in MVC No.392/2013, questioning the liability fastened on him to pay compensation. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. - 3 - HC-KAR NC: 2025:KHC-D:8363 MFA No. 101301 of 2014 3. In this case, on 10.01.2013, at about 11.30 a.m., one Nitin was proceeding on motorcycle bearing No.KA-23/Q-4503 from Pangeri(A) to Kagal at that time a tractor bearing No.MH-09/AL-9177 and trailer Nos.MH-09/AL-4456 and MH-09/AL-4457 driven in a high speed, rash and negligent manner, dashed to the motorcycle and caused the accident. In the said accident the said Nitin sustained grievous injuries and died on the spot. 4. Upon the claim petition filed, the tribunal has awarded compensation fastening liability on the owner of the vehicle/appellant to pay compensation. The allegation of the claimant is that due to rash and negligent driving of the tractor and trailer, the accident is caused. Ex.P.1 is the FIR, Ex.P.2 is the complaint, Ex.P.3 is the spot mahazar and Ex.P.6 is the charge sheet, which prove the fact that the driver of the tractor and trailer had caused the accident by driving the same with a high speed and in a negligent manner. There is no evidence that the deceased - 4 - HC-KAR NC: 2025:KHC-D:8363 MFA No. 101301 of 2014 had contributed negligence to the accident. Therefore, when it is proved that due to rash and negligent driving of the tractor and trailer, the accident is caused. Therefore, there is no merit found in the appeal filed by the owner of the vehicle. Hence the appeal is liable to be dismissed. Accordingly, the appeal is dismissed. 5. The amount in deposit, if any, shall be transmitted to the tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 35