- 1 - NC: 2025:KHC-D:769 MFA No. 22808 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22808 OF 2013 (MV-D) BETWEEN: 1. SMT. YALLAWWA RAMACHANDRA BHANDIWADDAR, AGE: 67 YEARS, OCC: HOUSEHOLD, 2. SMT. LAXMI KRISHNA BHANDIWADDAR, AGE: 26 YEARS, OCC: HOUSEHOLD, 3. KUMAR RAVI KRISHNA BHANDIWADDAR, AGE: 13 YEARS, OCC: STUDENT, 4. KUMARI SHILPA KRISHNA BHANDIWADDAR, AGE: 10 YEARS, OCC: STUDENT, 5. KUMARI ANJALI KRISHNA BHANDIWADDAR, AGE: 2 YEARS, OCC: NIL, (ALL ARE R/O. K. BAGEWADI, TQ. KHANAPUR, DIST. BELAGAVI) APPELLANTS NO.3, 4 AND 5 ARE MINORS REPRESENTED BY NATURAL GUARDIAN APPELLANT NO.2 …APPELLANTS (BY SRI SRINIVAS B.NAIK, ADVOCATE) AND: 1. SRI SANTOSH PANDURANG JAGATAP, AGE: MAJOR, OCC: BUSINESS, R/O: SHENDURJANE, TQ: WAI, DISTRICT: SATARA. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI. …RESPONDENTS (BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:769 MFA No. 22808 of 2013 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 08.03.2013 PASSED BY MOTOR ACCIDENTS CLAIMS TRIBUNAL II ADDL. DISTRICT JUDGE, BELAGAVI IN MVC NO.2482/2011, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND MAY BE PLEASED TO REMAND THE MATTER TO II ADDL. DISTRICT JUDGE, BELAGAVI, FOR FRESH CONSIDERING THE MATTER, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimants challenging the judgment and award dated 08.03.2013 passed in MVC No.2482/2011 by the II Additional District Judge, Belgaum (for short, ‘Tribunal’), questioning the dismissal of claim petition filed by the claimants. 2. Brief facts leading to filing of this appeal are that on 22.08.2011 at about 10.30 a.m., one Sri.Krishna Ramachandra Bhandivaddar (hereinafter referred to as the ‘deceased’) was proceeding from K.Bagewadi to Palus on motorcycle bearing registration No.MH/M-9144. The deceased was riding motorcycle in a moderate speed as well as on the correct side of the road. That the driver of the truck bearing registration - 3 - NC: 2025:KHC-D:769 MFA No. 22808 of 2013 No.MH-11/M-5180 was wrongly parked on road, as a result, the accident has taken place. Due to the said accident, the deceased caused to death. Therefore, legal heirs of the deceased have filed the claim petition under Section 163-A of the Motor Vehicle Act, 1988 (hereinafter referred to as the ‘MV Act’), seeking compensation. 3. The Tribunal has dismissed the claim petition on the reason that the accident has occurred because of actionable negligence on the part of the deceased himself and there is no actionable negligence on the part of driver of the truck. On this reason, the claim petition filed by the claimants under Section 163-A of the MV Act was dismissed by the Tribunal. 4. Upon perusal of the Police documents, the entire allegation for causing accident in rash and negligence is alleged on the deceased himself. Later on, as per Ex.P8, charge sheet was filed. Hence, as per Police documents, it is proved that the accident was caused due to rash and negligence driving of the motorcycle by the deceased himself and also the deceased died in the said accident. - 4 - NC: 2025:KHC-D:769 MFA No. 22808 of 2013 5. From the evidence on record, it is proved that, though there is no rash and negligence on part of driver of the truck that he has parked the truck by side of the road, but involvement of truck is proved that the truck was hit by the deceased. Therefore, the claim petition was filed under Section 163-A of the MV Act. 6. Hence, there is no need to make plea of rash and negligence and also prove the same while considering the petition filed under Section 163-A of the MV Act. If it is proved that vehicle is involved, is sufficient to entertain the claim filed under Section 163-A of the MV Act. Therefore, under no fault liability has filed the petition under Section 163-A of the MV Act. Accordingly, the claimants are entitled to compensation under no fault liability as per Section 163-A of the MV Act. Therefore, the judgment and award passed by the Tribunal is liable to be set aside. Hence, the claimant is entitled to compensation under structured formula basis. 7. The deceased was aged 35 years at the time of accident as per postmortem report and earning salary of Rs.40,000/- per annum is taken into consideration. Therefore - 5 - NC: 2025:KHC-D:769 MFA No. 22808 of 2013 appropriate multiplier is 16 to be adopted as per Schedule-II of the MV Act and 1/3 amount be deducted towards personal expenses. Therefore the loss of dependency is as under: 40,000 x 2/3 x 16 = Rs.4,26,666/- 8. Thus, the claimants would be entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 4,26,666/- 2. Towards loss of consortium 5,000/- 3. Towards loss of estate 2,500/- 4. Towards loss of funeral expenses and transportation of dead body 2,000/- Total: 4,36,166/- 9. Therefore, the claimants are entitled for total compensation of Rs.4,36,166/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: - 6 - NC: 2025:KHC-D:769 MFA No. 22808 of 2013 ORDER i) The appeal is allowed. ii) The judgment and award dated 08.03.2013, passed in MVC No.2482/2011 by the II Additional District Judge, Belgaum, is set aside. iii) The claimants are entitled for total compensation of Rs.4,36,166/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP/List No.: 2 Sl No.: 63