- 1 - HC-KAR NC: 2025:KHC-D:14862 MFA No. 102218 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102218 OF 2015 (MV) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SHRINATH COMPLEX, NCM HUBBALLI, REP: DEPUTY MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, T.P. HUB, SRINATH COMPLEX, II FLOOR, NEW COTTON MARKET, HUBBALLI-580022. …APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: 1. SMT. GANGAVVA W/O. SURESH MULINGANNAVAR, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. SURESHETTIKOPPA, TAL: KALGHATAGI. 2. KUMAR VEERESH S/O. SURESH MUDLINGANNAVAR, AGE: 11 YEARS, OCC: STUDENT, R/O. SURESHETTIKOPPA, TAL: KALGHATAGI. 3. KUMARI ANNAPURNA D/O. SURESH MUDLINGANNAVAR, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14862 MFA No. 102218 of 2015 AGE: 9 YEARS, OCC: STUDENT R/O. SURESHETTIKOPPA, TAL: KALGHATAGI. (SINCE RESPONDENT NO.2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.1). 4. SMT. SAVAMMA W/O. PARUTAPPA MUDLIGANNAVAR, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. SURESHETTIKOPPA, TAL: KALGHATAGI. 5. MR. PRABHU @ PRABHULING S/O. BASAPPA @ MADEVAPPA SHILAVANTER, AGE: MAJOR, OCC: OWENR OF PASSENGER TEMPO, R/O. KALGHATAGI, DIST: DHARWAD. …RESPONDENTS (BY SRI. GANAPATI BHAT, ADVOCATE FOR SRI. NARAYAN V. YAJI, ADVOCATE FOR R1-R4; NOTICE TO R5 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO CALL FOR RECORDS IN M.V.C.NO.217/2013 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT., HUBBALLI AND SET ASIDE THE JUDGMENT AND AWARD DATED 27.03.2015 BY ALLOWING THIS APPEAL WITH COSTS AND GRANT SUCH OTHER AND/OR FURTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14862 MFA No. 102218 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.M.K.Soudagar, learned counsel for the appellant as well as Sri.Ganapati Bhat who represents Sri.Narayan V.Yaji, learned counsel on record for respondents No.1 to 4. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Hubballi (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.217/2013 dated 27.03.2015. 3. Aggrieved by the death of deceased Suresh (hereinafter referred to as ‘the deceased’ for brevity) in a road traffic accident that occurred in the year 2013, respondents No.1 to 4 claiming themselves to be the dependents of the deceased filed a petition claiming compensation of Rs.12,50,000/- in total. The Tribunal - 4 - HC-KAR NC: 2025:KHC-D:14862 MFA No. 102218 of 2015 through the impugned award granted a sum of Rs.12,38,000/- as compensation. 4. The appellant filed the present appeal taking a plea that at the time of accident, the offending vehicle was overloaded and was carrying passengers quite beyond their seating capacity and thus, no liability can be fastened against it. The second plea taken is in respect of quantum of amount that is awarded as compensation. A perusal of impugned order goes to show clear discussion on each and every aspect of the case. The Tribunal at para 11 of the impugned order clearly gave reasons as to why the claim laid by respondents No.1 to 4 is required to be entertained. The appellant failed to state as to how it disputes the findings thus given. Also, the sum awarded as compensation is highly justifiable. The appellant failed to make out a case so as to interfere with the contents of the impugned order and the findings given therein. Therefore, this Court is of the view that the appeal deserves dismissal. - 5 - HC-KAR NC: 2025:KHC-D:14862 MFA No. 102218 of 2015 5. Thus, the appeal stands dismissed. 6. Amount if any in deposit, be transmitted to the concerned Tribunal forthwith. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 20