- 1 - HC-KAR NC: 2025:KHC-D:14704 MFA No. 101145 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101145 OF 2014 (MV-D) BETWEEN: SHRI BASAPPA S/O. LAKKAPPA PUJARI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. DARUR, TQ: ATHANI, DIST: BELGAUM. …APPELLANT (BY SRI. SAGAR WODEYAR, ADVOCATE FOR SRI. RAMACHANDRA MALI, ADVOCATE) AND: 1. SHRI ILIYAS G. BADARI, AGE: 52 YEARS, OCC: BUSINESS, R/O. BHARAPET GALLI, JAMAKHANDI TAL: JAMAKHANDI, DIST: BAGALKOT. 2. UNITED INDIA INSURANCE COMPANY LTD., KATAGI BUILDING, KACHERI ROAD, JAMAKHANDI, THRUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, MARUTI GALLI, BELGAUM. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14704 MFA No. 101145 of 2014 3. SMT. AKKATAI W/O. ASHOK PUJARI, AGE: 30 YEARS, OCC: NIL, 4. KUM. ARPITA D/O. ASHOK PUJARI, AGE: 4 YEARS, OCC: NIL, 5. KUM. ABHITA D/O. ASHOK PUJARI, AGE: 2 YEARS, OCC: NIL, R3-R5 R/O. KOLI GALLI, RAIBAG, TAL: RAIBAG, DIST: BELGAUM. (SINCE RESPONDENT NO.4 AND 5 ARE MINORS THEY ARE REPRESENTED BY MINOR BY GUARDIAN, NATURAL MOTHER, RESPONDENT NO.3) …RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2; SRI. K. ANANDKUMAR, ADVOCATE FOR C/R3-R5; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.1039/2012 ON THE FILE OF THE FAST TRACK COURT II AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELGAUM, DATED 25.02.2014, AND SET ASIDE/MODIFY THE JUDGMENT AND AWARD IN SO FAR AS THE SAME RELATES TO NOT GRANTING OF ANY SHARE TO THE APPELLANT HEREIN IN THE COMPENSATION AWARD AMOUNT AND GRANT EQUAL SHARE IN THE COMPENSATION AWARD AMOUNT TO APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14704 MFA No. 101145 of 2014 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Sagar Wodeyar who represents Sri.Ramachandra Mali, learned counsel on record for the appellant. Also heard Sri.S.S.Koliwad, learned counsel for respondent No.2 and Sri.K.Anandkumar, learned counsel for respondents No.3 to 5. 2. The third respondent in M.V.C. No.1039/2012 that stood pending before the Additional Motor Accident Claims Tribunal, Belgaum (hereinafter referred to as ‘the Tribunal’ for brevity) and was disposed of through order dated 25.02.2014 is before this Court. 3. The admitted facts of the case are that the third respondent herein is the wife, respondents No.4 and 5 herein are the minor children and the appellant herein is the father of the deceased Ashok (hereinafter referred to as ‘the - 4 - HC-KAR NC: 2025:KHC-D:14704 MFA No. 101145 of 2014 deceased’ for brevity) who died in a road traffic accident that occurred in the year 2012. Respondents No.3 to 5 filed a petition claiming compensation of Rs.80,00,000/-. The appellant herein filed his written statement contending that he was totally depending upon his deceased son as on the date of his accident and that he spent Rs.1,00,000/- towards funeral expenses. However, exhibiting an opinion that the appellant though is the father of the deceased, is not the legal representative and therefore cannot be considered to be the dependent of the deceased, the Tribunal failed to award any sum as compensation. 4. Making his submission, learned counsel for the appellant states that the appellant being the aged father of the deceased was completely depending upon the earnings of the deceased as on the date of accident. The deceased was taking care of the appellant and was maintaining him. No amount is awarded towards compensation in his favour and therefore the present appeal is filed. - 5 - HC-KAR NC: 2025:KHC-D:14704 MFA No. 101145 of 2014 5. Learned counsel for respondent No.2 states that he has no say in the claim of the appellant. 6. Learned counsel who represents respondents No.3 to 5/claimants, graciously submits that reasonable amount can be awarded in favour of the appellant who is the father of the deceased. 7. Having considered the submission thus made, this Court is of the view that the award of the Tribunal is required to be modified so far as apportionment is concerned and granting certain portion of the compensation in favour of the appellant. The total sum awarded as compensation is Rs.43,90,000/-. Thus, in the light of the aforementioned discussion, the appeal is disposed of with the following: ORDER (i) The appeal is allowed. - 6 - HC-KAR NC: 2025:KHC-D:14704 MFA No. 101145 of 2014 (ii) Out of the total sum awarded as compensation, respondent No.3/claimant No.1 is entitled to Rs.13,00,000/-, respondents No.4 and 5 that is claimants No.2 and 3 are entitled to Rs.13,50,000/- each and the appellant is entitled to Rs.3,90,000/-. (iii) Concerned Tribunal to disburse the amount as per the shares allotted. (iv) The appellant is permitted to withdraw his entire share of amount along with accrued interest. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 64