- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR. JUSTICE G.NARENDAR AND THE HON’BLE MR. JUSTICE M.I.ARUN M.F.A. NO.101811/2016 (MV) BETWEEN: 1. SMT KALLAWWA W/O BASAPPA KOLI, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O: ARJUNWAD-591 309. TALUKA: HUKERI DISTRICT: BELAGAVI, 2. SMT SHRIDEVI D/O BASAPPA KOLI, AGE: 22 YEARS, OCC: HOUSEHOLD WORK, R/O: ARJUNWAD-591 309. TALUKA: HUKERI DISTRICT: BELAGAVI, 3. KUMARI SANJANA D/O BASAPPA KOLI, AGE: 9 YEARS, OCC: STUDENT, SINCE MINOR, REPRESENTED BY HER NATURAL MOTHER NEXT FRIEND APPELLANT NO.1 SMT KALLAWWA W/O BASAPPA KOLI, ... APPELLANTS (BY SMT SUNANDA P. PATIL, ADV.) - 2 - AND THE DIVISIONAL CONTROLLER, NWKRTC CHIKODI DIVISION, CHIKODI-591 201, DIST: BELAGAVI (OWNER & INSURER OF BUS NO.KA-27/F-377) ... RESPONDENT (BY SRI M.K. SOUDAGAR, ADV.) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 09.03.2016 PASSED IN M.V.C. NO.1983/2015 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUKKERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA COMING ON FOR ‘ORDERS’, THIS DAY, G.NARENDAR J., DELIVERED THE FOLLOWING: - 3 - JUDGMENT Matter was heard on previous date. 2. Case is called-out twice, there is no representation. 3. Matter was listed on 08.10.2020. Matter was heard and the Bench expressed opinion that it was inclined to dismiss the appeal upon which, time was sought and the case was posted to 14.10.2020 to seek instructions from the appellants to withdraw the appeal. 4. Matter was listed on 14.10.2020 and there was no representation. Hence, matter is listed today. Today also there is no representation. Having perused the appeal, it is found that the sum awarded represents a just and reasonable compensation. The tribunal has adopted the income on the basis of the salary paid to the deceased as a waterman of the Gram Panchayat and has also further added income under the head of milk vending and Rs.20,000/- from agriculture despite there being no corroborating material and in our considered opinion, the tribunal has adopted a more than sympathetic approach for the purpose of calculating the income of the deceased. - 4 - The non-representation in the opinion of this court is deliberate to avoid hearing before this Bench and same amounts to forum shopping, which cannot be appreciated. Hence, there being no merits, appeal is dismissed without being admitted. Sd/- JUDGE Sd/- JUDGE Chs