- 1 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103405 OF 2014 (MV-D) BETWEEN: 1. SIDDAPPA S/O PUNDALIKAPPA IMMADI AGE: 34 YEARS, OCC: AGRIL., R/O. UTTUR VILLAGE, TQ: MUDHOL, DIST: BAGALKOT. …APPELLANT (BY SRI. NAGARAJ J. APPANNANAVAR, ADV FOR SRI. LAXMAN T MANTAGANI, ADV) AND: 1. SMT. SUVARNA W/O ARJUN ANKALAGI AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. MUNAVALLI, TQ: SAUNDATTI DIST: BELAGAVI. 2. SHWETA W/O KALAPPA MANGASOOLI AGE: 21 YEARS, OCC: HOUSEHOLD WORK, R/O. SANKESHWAR, TQ: NIPPANI DIST: BELAGAVI. 3. AKSHATA D/O ARJUN ANKALAGI (DECEASED, RESPONDENT NOS.1, 2 AND 4 ARE TRATED AS LRS OF DECEASED RESPONDENT NO.3). 4. SACHIN S/O ARJUN ANKALAGI AGE: 16 YEARS, OCC: STUDENT, R/O. MUNAVALLI, TQ: SAUNDATTI DIST: BELAGAVI. SINCE MINOR, REP BY MOTHER AS RESPONDENT NO.1. …RESPONDENTS (BY SRI. SRINIVAS B. NAIK, ADV FOR R1, R2 & R4 R4 IS MINOR R/BY R1, AND R3 IS DECEASED, R1, R2 & R4 ARE LR’S OF DECEASED R3) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DTD:29.09.2014, PASSED IN MVC. NO.2650/2012, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, SAUNDATTI, AWARDING THE COMPENSTION OF RS.10,24,000/- ALONG WITH THE INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the owner of the offending vehicle, challenging the judgment and award dated 29.09.2014 passed in MVC No.2650/2012 by the learned Senior Civil Judge and Additional MACT, Saundatti. 2. Brief facts leading rise to the filing of this appeal, are as follows: 3. On 09.01.2012, the deceased Arjun along with his friend Dyamappa had been to Sindhanoor. While returning, the deceased was riding the Kawasaki Bajaj - 3 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 motorcycle bearing Reg.No.KA-25/R-8602 in a moderate speed observing all the traffic rules. When they came near Gandhinagar-Teggihal village at about 7.00 p.m., a Bajaj Discover motorcycle bearing Reg.No.KA-48/J-8574 ridden by its rider in a rash and negligent manner, dashed to the motorcycle of Arjun. As a result, Arjun sustained grievous injuries, and succumbed to the injuries. The legal representatives of the deceased Arjun filed a claim petition under Section 166 of the M.V.Act seeking compensation on account of the death of Arjun in a road traffic accident. 4. The notice was served to the owner of the offending motorcycle. Despite service of notice, the owner of the offending motorcycle remained unrepresented, and he was placed ex-parte. 5. The petitioners to substantiate their case, petitioner No.1 was examined as P.W.1, examined one witness as P.W.2, and marked 9 documents as Exs.P1 to - 4 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 P9. Conversely, respondent has not lead any oral or documentary evidence. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs, and awarded a compensation of Rs.10,24,000/- with interest at the rate of 6% p.a. from the date of petition till its realisation, and directed the owner of the offending motorcycle to pay the compensation amount to the petitioners. 7. The owner of the offending motorcycle, aggrieved by the judgment and award passed in MVC No.2650/2012, has filed this Miscellaneous First Appeal. 8. Heard the arguments of the learned counsel for the owner of the offending motorcycle, and the learned counsel for the petitioners. 9. Learned counsel for the owner of the offending motorcycle submits that notice was not served on the owner before the Tribunal, hence, he could not appear before the - 5 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 Tribunal. He also submits that the compensation awarded by the Tribunal is on the higher side. Hence, on these grounds, he prays to allow the appeal. 10. Per contra, the learned counsel for the petitioners submits that notice was duly served on the owner of the offending motorcycle. Despite service of notice, he remained unpresented, and he was placed ex- parte. He submits that the judgment and award passed by the Tribunal is just and proper and do not call for any interference by this court. Hence, on these grounds, he prays to dismiss the appeal. 11. Perused the records, and considered the submission of the learned counsel for the parties. 12. The point, that would arise for my consideration is regarding liability. 13. There is no dispute regarding the occurrence of the accident, and the death of the deceased Arjun in a road - 6 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 traffic accident. To prove that the accident occurred due to the rash and negligent riding of the rider of the offending motorcycle, the petitioners have produced a charge sheet marked as Ex.P8, filed against the rider of the offending motorcycle. 14. Admittedly, the accident occurred in 2012. The petitioners have contended that the deceased Arjun was doing TV repair work and also doing agricultural work, and earning Rs.12,000/- p.m. To substantiate their case, the petitioners have not produced any income proof. In the absence of proof of the income, the Tribunal has assessed the monthly income of the deceased at Rs.4,800/-. The Tribunal considering the material on record has rightly awarded compensation of Rs.10,24,000/-. Admittedly, the offending motorcycle was not insured with the Insurance Company as of the date of the accident. The Tribunal was justified in fastening the liability on the owner of the offending motorcycle. I do not find any error in the - 7 - HC-KAR NC: 2025:KHC-D:12304 MFA No. 103405 of 2014 impugned judgment and award passed by the Tribunal. Accordingly, I proceed to pass the following: ORDER i) The Appeal is dismissed. ii) The judgment and award dated 29.09.2014 passed in MVC No.2650/2012 by the learned Senior Civil Judge and Additional MACT, Saundatti, is hereby confirmed. iii) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 2