- 1 - HC-KAR NC: 2025:KHC-D:13927 MFA No. 103101 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103101 OF 2024 (MV-D) BETWEEN: 1. SRI. RAJESH S/O. GANGAPPA PIRAGOJI, AGE: 42 YEARS, OCC: NIL, R/O. 163, HOSAKOTI, NOW AT VINAYAK NAGAR, BAILHONGAL, DIST: BELAGAVI. 2. KUMARI ANANYA D/O. RAJESH PIRAGOJI, AGE: 7 YEARS, OCC: STUDENT, 3. KUMARI AADYA D/O. RAJESH PIRAGOJI, AGE: 5 ½ YEARS, OCC: NIL, APPELLANT NO.2 TO 3 ARE MINORS REPRESENTED BY THEIR N/G APPELLANT NO.1 BOTH ARE R/O. #163, HOSAKOTI, NOW AT VINAYAK NAGAR, BAILHONGAL, DIST: BELAGAVI. …APPELLANTS (BY SRI. ANJANEYA M., ADVOCATE) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13927 MFA No. 103101 of 2024 AND: 1. SRI. SHIVAKUMAR BASAVARAJ MATAGAR, AGE: MAJOR, OCC: BUSINESS, R/O. PLOT NO.4538/22, 1ST MAIN, 1ST CROSS, SHIVAPRASAD BUILDING, SADASHIV NAGAR, BELAGAVI-590016. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, MARUTI GALLI, BELAGAVI-590020. …RESPONDENTS (BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2; NOTICE TO R1-SERVED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY AND ENHANCE THE COMPENSATION IN THE JUDGMENT AND AWARD DATED 03.11.2022 PASSED BY THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL IN M.V.C. NO.1295/2020, BY ALLOWING THIS APPEAL WITH COSTS IN THE ENDS 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:13927 MFA No. 103101 of 2024 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Anjaneya M., learned counsel for the appellants as well as Sri.Rajesh B.Rajanal, learned counsel for respondent No.2. 2. The claimants in M.V.C. No.1295/2020 which stood pending before the Additional Motor Accident Claims Tribunal, Bailhongal (hereinafter referred to as ‘the Tribunal’ for brevity) and was disposed of through order dated 03.11.2022 have preferred the present appeal seeking enhancement in compensation. 3. The Tribunal through the impugned order awarded a sum of Rs.26,29,000/- as compensation. 4. On this day, Sri.Anjaneya M., learned counsel for the appellants submits that he directed the appellants to produce sufficient proof to establish that the deceased - 4 - HC-KAR NC: 2025:KHC-D:13927 MFA No. 103101 of 2024 Shridevi was working in a school and was earning Rs.20,000/- per month. However the appellants could not produce any documents in support of the said contention. Learned counsel thereby seeks to dispose of the appeal. 5. Learned counsel who appears for respondent No.2 states that huge sum of Rs.26,29,000/- is granted by the Tribunal as compensation and therefore there is no scope for any further enhancement. 6. The appellants who preferred the appeal seeking enhancement are required to satisfy the Court that there exists sufficient and convincing grounds for such enhancement and to what amount they are entitled to in addition to the sum that is awarded by the Tribunal as compensation. However in the case on hand the appellants failed to satisfy the Court that there is any scope for such enhancement. 7. Therefore, the appeal stands dismissed. - 5 - HC-KAR NC: 2025:KHC-D:13927 MFA No. 103101 of 2024 No costs. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH List No.: 1 Sl No.: 50