- 1 - HC-KAR NC: 2025:KHC-K:5722-DB MFA No. 201478 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO. 201478 OF 2025 (MV-D) BETWEEN: THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., S.S. FRONT ROAD, VIJAYAPURA-586 103, NOW REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY. …APPELLANT (BY SRI. MOHD. ABDUL QUAYUM, ADVOCATE) AND: 1. ABHAY W/O KHANDU MADANE, AGE: 86 YEARS, OCC: NIL, 2. PRASHANT PRABHAKAR MADANE, AGE: 38 YEARS, OCC: BUSINESS, 3. PRAVEEN PRABHAKAR MADANE, AGE: 35 YEARS, OCC: BUSINESS, ALL ARE RESIDENT OF PULUJWADI, TALUKA PANDHARPUR, DISTRICT SOLAPUR, NOW AT GANESH NAGAR, VIJAYAPURA-586 101. Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5722-DB MFA No. 201478 of 2025 4. SUHAS KRISHNAT KOPARDE, AGE: 42 YEARS, OCC: BUSINESS, R/O. HANESHWAR NAGAR, BHUYAWADI, TQ. KARVIR, DIST. KOLHAPUR-416 229, (OWNER OF CAR NO.MH-46/Z-1588). …RESPONDENTS (V/O DTD. 03.06.2025, NOTICE TO R4 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO A) CALL FOR THE RECORDS IN M.V.C. NO.318/2023 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MACT-V, VIJAYAPURA. B) SET ASIDE THE JUDGMENT AND AWARD DATED 06.08.2024 PASSED IN M.V.C. NO.318/2023 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MACT-V, VIJAYAPURA EXONERATING THE APPELLANT OF ITS LIABILITY OR MODIFY AND REDUCE THE QUANTUM OF THE COMPENSATION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M.NADAF) This appeal is filed by appellant - Insurance Company, calling in question, judgment and awarded dated 06.08.2024, in MVC No.318/2023 passed by the Principal Senior Civil Judge and Member, MACT-V, Vijayapura, on quantum of compensation. - 3 - HC-KAR NC: 2025:KHC-K:5722-DB MFA No. 201478 of 2025 2. The date of accident, involvement of vehicle, death of Prabhakar @ Prabhu S/o. Khandu Madane are not in dispute. The only dispute is with regard to quantum of compensation. 3. Heard Sri.Mohammed Abdul Quayum, learned counsel appearing for the appellant – Insurance Company. Vide order dated 03.06.2025 notice to respondent No.4 is dispensed with since the matter is taken up for disposal on merits, no notice is necessary for respondent Nos.1 to 3 who are the claimants before the Tribunal. 4. Sri.Mohammed Abdul Quayum with all vehemence submitted that the claimants have failed to prove that they are the dependents of the deceased who was aged 65 years and not entitled for any compensation. It is further contended that the owner of the vehicle allowed the vehicle to be driven by a person not holding valid Driving Licence in violation of the provisions of the - 4 - HC-KAR NC: 2025:KHC-K:5722-DB MFA No. 201478 of 2025 MV Act, 1988. Further that, the Tribunal deducted 1/3rd towards ‘Loss of Dependency’, wherein, his mother as well as major sons are shown as dependents of deceased. The Tribunal committed a serious error in awarding exorbitant compensation. Accordingly, sought to allow the appeal. 5. Having heard the learned counsel appearing for the appellant – Insurance Company, perused the entire appeal papers. The only question that would arise for our consideration is: “Whether the appellant – Insurance Company has made out any case to interfere in the judgment and award passed by the Tribunal, which requires notice on respondent Nos.1 to 3 who are the claimants before the Tribunal.” 6. Our answer to the above point for consideration is in ‘negative’ for the following: R E A S O N It is not in dispute that the deceased Prabhakar met with an accident on a faithful day, dated 21.02.2023 at - 5 - HC-KAR NC: 2025:KHC-K:5722-DB MFA No. 201478 of 2025 about 5.30 p.m., resulting in death. He was aged 65 years. The deceased survived his mother as well as two children. In view of the law laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE COMPANY LTD. VS BIRENDER AND OTHERS1 the major married children are also entitled to be considered as defendants and legal representatives of deceased and they are entitled for compensation. 7. In view of the law laid down by the Hon’ble Apex Court stated supra, the judgment and award passed by the Tribunal is just and proper. The Tribunal has considered the income of the deceased as per Ex.P.14 which clearly shows that he was drawing pension of Rs.26,754/- as on 03.04.2023. In these circumstances, we find no infirmity in the award passed by the Tribunal, granting compensation. 8. Accordingly, we proceed to pass the following: 1 2020 (3) KCCR 1641 SC - 6 - HC-KAR NC: 2025:KHC-K:5722-DB MFA No. 201478 of 2025 O R D E R (i) The appeals sans merit, accordingly dismissed. (ii) The amount in deposit shall be transmitted to the concerned Tribunal for disbursement forthwith. (iii) The appellant - Insurance Company shall deposit the balance compensation along with accrued interest before the Tribunal, within six weeks from the date of receipt of copy of this order. (iv) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE AMM List No.: 1 Sl No.: 27 CT: AK