- 1 - NC: 2025:KHC-D:1951 MFA No. 104244 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104244 OF 2018 (MV-D) BETWEEN: 1. SRI. CHANAPPA @ CHENNAYYA S/O. PEDDANNA BANDARI SINCE DECEASED BY LRS., SMT. RADHA W/O. CHENNAYYA BANDARI, AGE: 50 YEARS, OCC: HOUSEWIFE, R/O. KRISHNA NAGAR, MANTUR ROAD, HUBBALLI-580024, TQ: HUBBALLI, DIST: DHARWAD. 2. SRI. RAMACHANDRA S/O. CHENNAYYA BANDARI, AGE: 31 YEARS, OCC: NIL, R/O. KRISHNA NAGAR, MANTUR ROAD, HUBBALLI-580024, TQ: HUBBALLI, DIST: DHARWAD. 3. SMT. VEEDHA W/O. VINOD KOCHAREKAR, AGE: 29 YEARS, OCC: HOUSEWIFE, R/O. KRISHNA NAGAR, MANTUR ROAD, HUBBALLI-580024, TQ: HUBBALLI, DIST: DHARWAD. …APPELLANTS (BY SRI D.V. PATTAR, ADVOCATE) AND: 1. SMT. POORNIMA W/O. SURESH NAYAK, AGE: 40 YEARS, OCC: NOT KNOWN, R/O. RAM VIJAY TRAVELS, DESAI ROAD, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1951 MFA No. 104244 of 2018 VIVEKANAND CORNER, HUBBALLI-580020, TQ: HUBBALLI, DIST: DHARAWD. (OWNER OF THE VEHICLE BEARING REGN NO.KA-25,C-0727). 2. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., R/O. SHRINATH COMPLEX, 2ND FLOOR, KATAMARKET, HUBBALLI-580020. TQ: HUBBALLI, DIST: DHARWAD. (INSURER OF VEHICLE BEARING REGN NO. KA-25,C-0727, POLICY VALID FROM 12-04-2014 TO 11-04-2015). …RESPONDENTS (BY SRI N.R. KUPPELUR, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 02.12.2017, PASSED IN MVC NO.299/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI AND ENHANCE THE COMPENSATION OF RS.15,00,000/- WITH INTEREST OF 18% BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Heard the learned counsels appearing for both the sides and perused the material placed before the Court. 2. Upon having sustained injuries in a road traffic accident, the claimant has preferred claim petition and upon - 3 - NC: 2025:KHC-D:1951 MFA No. 104244 of 2018 the claim petition filed, the tribunal has awarded compensation of Rs.4,01,691/- under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 60,000 2. Loss of future earnings. 2,07,900 3. Medical expenses. 61,291 4. Loss of income during laid up period. 22,500 5. Loss of amenities, nourishment, food, shelter, conveyance, attendant charges, etc.,. 35,000 6. Future medical expenses. 15,000 Total: 4,01,691 3. It is submitted that the insurance company has deposited the amount and the claimant has received the said compensation. After passing the judgment, the claimant died. The appellants herein are wife and children of deceased claimant. During the lifetime of the claimant, appeal was not preferred. After death of the claimant/injured, his legal heirs have preferred the appeal. 4. Since the claim petition is filed claiming compensation for having sustained injuries by the claimant - 4 - NC: 2025:KHC-D:1951 MFA No. 104244 of 2018 who has in turn died, therefore seeking enhancement of compensation by the legal heirs is not maintainable since it is an injury case. Therefore, the appeal is liable to be dismissed as not maintainable. Accordingly the appeal is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 23