- 1 - HC-KAR NC: 2025:KHC-D:8629 MFA No. 104479 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 104479 OF 2017 (MV-D) BETWEEN: 1. SMT. SUMA W/O NAGAPPA NAGNUR, AGE: 24 YEARS, OCC: HOUSEHOLD, R/O: PLOT NO.29, PARVATI NAGAR, SOUDAGAR COLONY, KANGRALLI B.K., TQ: AND DIST: BELAGAVI. 2. KUM. SHREYA D/O NAGAPPA NAGNUR, AGE: 04 YEARS, OCC: NIL, R/O: PLOT NO.29, PARVATI NAGAR, SOUDAGAR COLONY, KANGRALLI B.K., TQ: AND DIST: BELAGAVI, SINCE MINOR REPRESENTED BY HER NATURAL MOTHER THE APPELLANT NO.1 AS NEXT FRIEND. 3. SMT. SAVAKKA SHIVARUDRAPPA NAGNUR, AGE: 47 YEARS, OCC: HOUSEHOLD, R/O: PLOT NO.29, PARVATI NAGAR, SOUDAGAR COLONY, KANGRALLI B.K., TQ: AND DIST: BELAGAVI. … APPELLANTS (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. SHRI JAVED SHAMSHER S/O ISMAIL, AGE: MAJOR, OCC: BUSINESS, R/O: 189 BIDI, TQ: KHANAPUR, DIST: BELAGAVI. 2. SHRIRAM GENERAL INSURANCE CO. LTD., THROUGH ITS OFFICE AT E-8, RIICO, INDUSTRIAL AREA, SITAPUR JAIPUR, RAJSTHAN, REP. BY ITS MANAGER, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8629 MFA No. 104479 of 2017 PIN CODE-302 022. … RESPONDENTS (BY SRI. ANAND D. BAGEWADI, ADVOCATE FOR R1; SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09/11/2016 PASSED IN M.V.C. NO.980/2015 ON THE FILE OF THE VI ADDL. DIST. AND SESSIONS JUDGE AND ADDL. M.A.C.T., BELAGAVI. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) 1. The present appeal is filed by the claimants questioning the liability fastened on the owner of the offending vehicle and seeking enhancement of compensation. 2. The claim petition was filed under Section 163-A of the Motor Vehicles Act. While awarding compensation, the Tribunal fastened the liability on the owner of the offending vehicle on the ground that the vehicle did not have a valid fitness certificate at the time of the accident. - 3 - HC-KAR NC: 2025:KHC-D:8629 MFA No. 104479 of 2017 3. However, this very issue has already been considered by this Court in MFA No. 103379/2017 dated 08.09.2018, which also arose out of the same accident. In that case, this Court held that the insurance company was liable to indemnify the owner and satisfy the award, despite the absence of a fitness certificate. The insurance company has already satisfied its liability in that appeal. 4. Therefore, in the present appeal also, the insurance company is liable to indemnify the owner and pay the awarded compensation to the claimant. To this extent, the judgment and award of the Tribunal requires modification. Quantum of Compensation: 5. The income of the deceased is taken at Rs.40,000/- per annum. Deducting 1/3rd towards personal - 4 - HC-KAR NC: 2025:KHC-D:8629 MFA No. 104479 of 2017 expenses, the contribution to the family is Rs.26,667/-. Applying the multiplier of 18: Rs.40,000/- x 2/3 x 18 = Rs.4,80,000/- Sl.No. Head Amount in (Rs.) 1 Loss of dependency Rs.4,80,000/- 2 Conventional heads Rs.9,500/- Total Rs.4,89,500/- 6. Accordingly, I pass the following: ORDER I. The appeal is allowed in part. II. The impugned judgment and award in MVC No.980/2015 dated 09.11.2016 passed by the VI Additional District and Sessions Judge and Additional M.A.C.T., Belagavi, is hereby modified holding that the claimants are entitled to total compensation of Rs.4,89,500/- as against Rs.4,41,500/- awarded by the Tribunal along with interest - 5 - HC-KAR NC: 2025:KHC-D:8629 MFA No. 104479 of 2017 at the rate of 6% per annum from the date of petition till realization. III. The insurance company shall indemnify the owner and pay the entire compensation amount. IV. The insurance company shall deposit the awarded amount within eight weeks from the date of receipt of a certified copy of this order. V. Draw modified award accordingly. VI. No costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR/- CT:BCK LIST NO.: 1 SL NO.: 16