- 1 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD BENCH DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 25728 OF 2012 (MV-D) BETWEEN: SMT. YELLAVVA W/O. NINGAPPA HUBBALLI, SINCE INJURED (DEAD) BY HER LR, SRI. BASAVARAJ S/O. NINGAPPA @ GUBBANNAVAR, AGE: 28 YEARS, OCC: NIL, R/O: SHEREWAD, TQ: HUBALI, DIST: DHARWAD. … APPELLANT (BY SRI. B. M. UDAKERI, ADVOCATE) AND: 1. DIVANSAB MAKTUMSAB NADAF, AGE: MAJOR, OCC: OWNER OF MINIDOR, VEHICLE, R/O H.NO.13TH, AT POST: ADARGUNCHI, TALUK: HUBLI, DIST: DHARWAD. (OWNER and R.C.HOLDER OF THE BAJAJ MINIDOR 3 WHEEKER BEARING TEMPORARY REG.NO.172/MH-140) 2. BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., GE PLAZA, AIRPORT ROAD, YENWADA, PUNE,HUBLI LOCAL OFFICE AT T.B. ROAD, HUBLI, (INSURER OF RESPONDENT NO.1- UNDER POLICYNO.OG-09-9995-1803-000444542- VALID UP TO MIDNIGHT OF 01/07/2009) …RESPONDENTS (BY SRI. M. K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/SEC. 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 30.05.2012 PASSED BY THE SECOND ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT HUBLI, IN MV.C NO. 102/2009 BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.17 15:46:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT This Miscellaneous First Appeal is filed by the legal representative of the original petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 30.05.2012, passed in M.V.C. No.102/2009 by the learned II Addl. Senior Civil Judge and Addl. M.A.C.T., Hubballi. 2. Brief facts, leading rise to the filing of this appeal are as follows: The original petitioner met with an accident on 04.07.2008, while she was travelling in a 3-wheeler passenger vehicle and sustained grievous injuries. The accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The original petitioner during her lifetime, filed a claim petition under Section 166 of the M.V. Act for the seeking compensation for the injuries - 3 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 sustained in the road traffic accident. Accordingly, prays to allow the claim petition. 3. The owner and RC Holder has filed a statement of objections denying the averments made in the claim petition, and contended that the accident occurred due to the negligence of the petitioner who had not boarded the vehicle properly. Hence, the respondent No.1 i.e., the owner is not liable to pay the compensation amount. It is also contended that the driver of the offending vehicle possessed a valid and effective driving license as of the date of the accident and the policy was in force as of the date of the accident. Hence, on these grounds, prays to dismiss the claim petition against the owner of the offending vehicle. 4. The Insurance Company filed a statement of objection denying the averments made in the claim petition, and contended that the owner had permitted the passengers to travel beyond the seating capacity and the - 4 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 driver did not possess a valid and effective license as of the date of the accident. Hence, there is a breach of policy conditions. Hence, prays to dismiss the claim petition against the Insurance Company. 5. During the pendency of the claim petition, the original petitioner passed away and her legal representative was brought on record. 6. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 7. The legal representative of the deceased petitioner, examined himself as PW-1 and examined 3 witnesses and the doctor as PW-2 to PW-5, and marked 20 documents as Exs.P-1 to P-20. The Insurance Office Officer was examined as RW-1, and marked 1 document as Ex.R-1. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition vide judgment dated 30.05.2012 and awarded the compensation - 5 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 of Rs.25,000/- with interest at the rate of 6% p.a. from the date of the petition till its realization and held that the owner and the Insurance Company are jointly and severally liable to pay the compensation amount, and directed the Insurance Company to deposit the compensation amount with accrued interest. 9. The legal representative of the deceased petitioner, being dissatisfied with the quantum of compensation, filed this appeal. 10. Heard the arguments of the learned counsel for the legal representative of the deceased petitioner, and also the learned counsel for the Insurance Company. 11. Learned counsel for the legal representative of the deceased petitioner submits that the original petitioner died due to the injuries sustained in the road traffic accident and there is a nexus between the injuries and the death. The Tribunal has committed an error in awarding a meagre amount of compensation at Rs.25,000/-. Hence, he submits - 6 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 that the compensation awarded by the Tribunal is on the lower side. Accordingly, prays to allow the appeal. 12. Per contra, the learned counsel for the Insurance Company submits that the legal representative of the petitioner was not dependent on the income of the deceased petitioner. He also submits that the legal representative of the deceased petitioner has not produced any records to establish that the deceased petitioner died due to the injuries sustained in the road traffic accident. He also submits that there is no nexus between the injuries and the death. The compensation awarded by the Tribunal is just and proper and do not call for any interference by this Court. Accordingly, he prays to dismiss the appeal. 13. Perused the records, and considered the submissions of the learned counsel for the parties. 14. The point that would arise for consideration is regarding the quantum of the compensation. - 7 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 15. There is no dispute regarding occurrence of accident and also about injuries sustained by the deceased petitioner. To prove that the accident occurred due to the rash and negligent driving of the offending vehicle, the petitioner produced a certified copy of the FIR and a copy of the complaint marked as Exs.P-1 and P-2. Thus, the petitioner, by producing Exs.P-1 and P-2, has proved that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. 16. Regarding the quantum of compensation: The legal representative of the deceased petitioner contended that the petitioner was a vegetable vendor and used to earn more than Rs.10,000/- p.m. and due to the injuries sustained by her in the road traffic accident, she could not do the day-to-day work. Hence, filed the claim petition. During the pendency of the claim petition, the petitioner died. The legal representative of the deceased petitioner has not produced any record to demonstrate that the petitioner died due to the injuries sustained in the road - 8 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 traffic accident. Therefore, considering the evidence of PW- 5 who is the doctor, the medical records, and also the medical bills produced by the legal representative of the deceased petitioner, this Court is of the considered opinion that the legal representative of the deceased petitioner is entitled to a sum of Rs.75,000/- as a global compensation including the compensation awarded by the Tribunal. 17. In view of the above discussion, I proceed to pass the following: ORDER (i) The Miscellaneous First Appeal is allowed in part. (ii) The judgment and award dated 30.05.2012, passed in M.V.C. No.102/2009 by the learned II Addl. Senior Civil Judge and Addl. M.A.C.T., Hubballi, is modified. (iii) The legal representative of the deceased petitioner is entitled to a sum of Rs.75,000/- as the global compensation including the compensation awarded by the Tribunal with - 9 - HC-KAR NC: 2025:KHC-D:11696 MFA No. 25728 of 2012 interest at the rate of 6% p.a. from the date of the petition till the date of realisation. (iv) The Insurance Company is directed to deposit the compensation amount with accrued interest within a period of eight weeks from the date of receipt of a copy of this order. (v) The Office is directed to transmit the records to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT:ANB List No.: 1 Sl No.: 2