- 1 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 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.202396 OF 2022 (MV-D) C/W MISCL. FIRST APPEAL NO.201212 OF 2022 (MV-D) IN MFA NO.202396/2022: BETWEEN: 1. SHASHIKALA W/O BALADAND @ BALESH PUJARI, AGE: 28 YEARS, OCC: HOUSEHOLD, 2. CHANNABASAPPA S/O BALADAND PUJARI, AGE: 53 YEARS, OCC: AGRICULTURE, 3. KAVERI D/O BALADAND @ BALESH, AGE: 10 YEARS, OCC: STUDENT, 4. KHUSHI D/O BALADAND @ BALESH, AGE: 08 YEARS, OCC: STUDENT, 5. MALLIKARJUN S/O BALADAND @ BALESH, AGE: 06 YEARS, APPELLANTS NO.3 TO 5 ARE MINORS, U/G OF NATURAL MOTHER APPELLANT NO.1, ALL R/O INAGALGI, TQ. CHITTAPUR, DIST. KALABURAGI. …APPELLANTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 (BY SRI. SANJEEV PATIL, ADVOCATE) AND: 1. MR. BASAWARAJ S/O SHIVSHARANAPPA, AGE: MAJOR, OCC: OWNER OF CRUSIER JEEP. R/O. H.NO. E/8/2374, E/8/2038 TO 2470, NEAR HANUMAN TEMPLE, SHIVAJI NAGAR, KALABURAGI-585 103. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, CENTURY COMPLEX, OPP. SANGAM TALKIES, SUPER MARKET, KALABURAGI-585 103. …RESPONDENTS (BY SRI. MANVENDRA REDDY, ADV. FOR R2; V/O DTD. 03.09.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO A) EXERCISE ITS APPELLATE JURISDICTION, CALL FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 03-02-2022 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN MVC NO.300/2019 BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR. B) THE HON’BLE Court BE PLEASED TO HOLD BOTH THE RESPONDENTS JOINTLY AND SEVERALLY LIABLE TO PAY THE ENHANCED COMPENSATION TO THE APPELLANTS. IN MFA NO.201212/2022: BETWEEN: THE MANAGER, UNITED INDIA INSURANCE CO. LTD., 2ND FLOOR, CENTURY COMPLES, OPP. SANGAM TALKIES, SUPER MARKET, KALABURAGI, - 3 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. MANVENDRA REDDY, ADVOCATE) AND: 1. SHASHIKALA W/O BALADAND @ BALESH PUJARI, AGE: 28 YEARS, OCC: HOUSEHOLD, 2. MAHADEVI W/O CHANNABASAPPA PUJARI, AGE: 45 YEARS, OCC: HOUSEHOLD, 3. CHANNABASAPPA S/O BALADAND PUJARI, AGE: 53 YEARS, OCC: AGRICULTURE, 4. KAVERI D/O BALADAND @ BALESH PUJARI, AGE: 10 YEARS, OCC: STUDENT, 5. KHUSI D/O BALADAND @ BALESH PUJARI, AGE: 08 YEARS, OCC: STUDENT, 6. MALLIKARJUN S/O BALADAND @ BALESH PUJARI, AGE: 06 YEARS, RESPONDENT NOs. 4 TO 6 ARE MINORS, U/G OF THEIR NATURAL MOTHER RESPONDENT No.1, ALL ARE R/O. INGLGI, TQ. CHITTAPUR, DIST. KALABURAGI-585 211. 7. MR. BASAWARAJ S/O SHIVASHARANAPPA, AGE: MAJOR, OCC: OWNER OF THE CRUISER JEEP, R/O. H.NO.E/8/2374, E/8/2038 TO 2470, NEAR HANUMAN TEMPLE, SHIVAJI NAGAR, KALABURAGI-585 102. …RESPONDENTS (BY SRI. SANJEEV PATIL, ADV. FOR R1 AND R3; R4 TO R6 ARE MINORS REPRESENTED BY R1; V/O DTD. 03.09.2025, NOTICE TO R7 IS DISPNESED WITH) - 4 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 03.02.2022 PASSED BY THE PRL. SENIOR CIVIL Judge, CJM AT KALABURAGI IN MVC No.300/2019 BY ALLOWING THE APPEAL AS PRAYED FOR. THESE APPEALS 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) These appeals being MFA No.202396/2022 and MFA No.201212/2022 by the appellants/claimants as well as Insurance Company, calling in question, the judgment and award dated 03.02.2022 in MVC No.300/2019 passed by Prl. Senior Civil Judge and CJM, at Kalaburagi on the ground of liability and quantum. 2. The date of accident, involvement of vehicle, death of Baladand @ Balesh S/o. Channbasappa Pujari are not dispute. The only dispute is with regard to - 5 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 involvement of vehicle and liability to pay the compensation. As per the Insurance Company there is a 19 days of delay in tracing the cruiser vehicle, which clearly shows that there is involvement of vehicle as well as the quantum is exorbitant. So far as the appellant- claimants is concerned, the compensation awarded by the Tribunal is inadequate and requires reconsideration. 3. Heard Sri.Sanjeev Patil, the learned counsel appearing for the claimants-appellants in MFA No.202396/ 2022 and Sri. Manvendra Reddy, the learned counsel appearing for the appellant-Insurance Company in MFA No.201212/2022. 4. Sri.Manvendra Reddy, learned counsel appearing for the appellant-Insurance Company in MFA No.201212/2022 with all vehemence submitted that there is a delay of 19 days in tracing the cruiser vehicle. Though the complaint was registered on 17.12.2018 i.e., the date of accident but, in FIR there was no mentioning the vehicle - 6 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 number and after 19 days as per Ex.P.4 the number of the vehicle came to be inserted on the basis of the statement of the person who was stated to be the eyewitness to the incident. In these circumstances, there is planting of vehicle only to enable the claimants to seek for compensation. So also the compensation awarded is exorbitant. Though, the Insurance Company has filed a criminal petition before this Court, calling in question, the charge sheet, the same came to be dismissed. The appellant has made a substantive challenge. In the circumstance, the Insurance company has taken all necessary steps to put forth their case as contended before the Tribunal, however, the Tribunal has failed to consider the same, and fastened the liability on Insurance Company. In these circumstances, sought to allow the appeal and exonerate the Insurance company from payment of compensation awarded by the Tribunal and saddle the same on the owner of the offending vehicle. - 7 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 5. Refuting the submission of learned counsel for the appellant in MFA No.201212/2022, Sri.Sanjeev Patil, learned counsel for the appellant in MFA No.202396/2022 with all vehemence submitted that though the complaint was registered on the very same day of the accident, the Police during the investigation have recorded the statement of eyewitnesses, who have clearly stated the number of the vehicle. Accordingly, the charge sheet was laid against the driver of the said vehicle. Though, appellant- Insurance Company has taken all these contentions before this Court, however, there was nothing prevented them from examining the eyewitnesses. The Insurance Company examined investigation officer as respondent No.2 who has clearly stated that during the investigation they have recorded the statements of Yellappa, Ningappa and other two persons stating that the offending vehicle is a cruiser vehicle. In the witness was treated as hostile and cross examined. In the cross examination the Investigation Officer has clearly stated - 8 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 that the eyewitnesses have stated that the word ‘Kanakshree’ which was written on the vehicle. On the basis of the identification stated by the eyewitnesses, the Police during the investigation found that it is the offending cruiser which is responsible for the accident. In these circumstances, the ground taken by the appellant - Insurance Company suffers substance and requires to be rejected. So far as the quantum is concerned, the learned counsel with all vehemence submitted that the Tribunal has not awarded appropriate compensation taking into consideration the age of the deceased and the income and meager compensation under conventional heads, the same requires reconsideration at the hands of the Court. 6. Having heard the learned counsel appearing for the parties, perused the entire appeal papers as well as trial Court records, the point that would arise for our consideration is; “Whether the judgment and award passed by the Tribunal requires any interference at the hands of - 9 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 this Court, either on the liability as well as the quantum ?” 7. Our answer to the above point for consideration is in ‘negative’ for the following: REASONS As could be seen from the records, the Insurance Company in order to prove its case regarding involvement of the vehicle examined the Investigation Officer. The said witness in his examination-in-chief clearly stated that, it is based on the statement of the persons stating the identity of the vehicle that the word 'Kanakshree’ was written on the said vehicle, during investigation found the vehicle and in the cross-examination by the Insurance Company nothing worthwhile was entitled to discredit his evidence. In these circumstances, the case of the appellant - Insurance Company that the vehicle is planted has no legs to stand on. Accordingly, the same required to be rejected and accordingly rejected. So far as quantum is concerned, the Tribunal after consideration entire material on record - 10 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 taken into consideration the age of the deceased added 40% towards the existing income and applying appropriate multiplier granted compensation under all heads, even under the conventional heads, which does not require any interference at the hands of this Court. Accordingly, we proceed the to pass the following: O R D E R (i) These appeals filed by the claimant as well as the appellant-Insurance Company are hereby dismissed. (ii) The amount in deposit in the appeal filed by the appellant - Insurance Company in MFA No.201212/2022 shall be transmitted to the concerned Tribunal for disbursement forthwith. (iii) The balance amount along with the accrued interest determined by the Tribunal shall be deposited by the appellant - Insurance - 11 - HC-KAR NC: 2025:KHC-K:5739-DB MFA No. 202396 of 2022 C/W MFA No. 201212 of 2022 Company within a period of six months from the date of receipt of copy of this order before the concerned Tribunal. (iv) Disbursement as well as apportionment is per the order passed by the Tribunal. (v) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE AMM List No.: 1 Sl No.: 6