- 1 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 21057 OF 2012 BETWEEN: 1. 1a. SRI. SHRIPATI PUNDALIK PATIL SINCE DECEASED BY HIS LRS. SMT. ANITA SHRIPATI PATIL AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIVAJI GALLI, MUTAGA, TQ: BELAGAVI. 1b. SHRI. MAHESH SHRIPATI PATIL AGE: 31 YEARS, OCC: ALUMINIUM WINDOW MAKER, R/O. SHIVAJI GALLI, MUTAGA, DIST: BELAGAVI. 1c. SMT. KAVITA W/O. KAMALAKAR SHINDE, AGE: 32 YEARS, OCC: HOUSEHOLD WORK R/O. SHIVAJI GALLI, MUTAGA, TQ: BELAGAVI. 1d. SMT. GEETA W/O. PARASHARAM BALEKUNDRI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK R/O. SHIVAJI GALLI, MUTAGA, TQ: BELAGAVI. 1e. SMT. MEENAXI W/O. SUNIL JADHAV AGE: 30 YEARS, OCC: HOUSEHOLD WORK R/O. SHIVAJI GALLI, MUTAGA, TQ: BELAGAVI. …APPELLANTS (BY SRIYUTHS. YASH R. NADAKARNI for VITTHAL S. TELI, ADVS) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.30 15:45:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 AND: 1. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY, RAMDEV GALLI, BELAGAVI …RESPONDENT (BY SMT. ARUNA R DESHPANDE, ADV) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DTD:13.12.2011 PASSED IN MVC.NO.458/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK-III COURT, & MEMBER MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PEITTION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous First Appeal is filed by the legal representatives of the deceased claimant, challenging the judgment and award dated 13.12.2011 passed in MVC No.458/2010 by the learned Presiding officer, Fast Track Court-III and MACT, Belgaum (hereinafter referred to as ‘The Tribunal’, for short) for enhancement of compensation. 2. Brief facts leading rise to the filing of this appeal are as follows: The deceased-original claimant met with an accident on 13.12.2010 while he was returning to his house by bicycle, - 3 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 Respondent no.1, who was driving a Maruti Van bearing registration No. MH 14 BK 3216 in a rash and negligent manner hit the bicycle from the back side and caused an accident. As a result, the original claimant sustained grievous injuries. Hence, the original claimant filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for injuries sustained by him in the road traffic accident. 3. The owner of the Maruti Van appeared but did not file a statement of objections. 4. The Insurance company filed a statement of objections denying the averments made in the claim petition and prayed to dismiss the claim petition against respondent No.2. 5. During the pendency of the claim petition, the original claimant died and his legal representatives were brought on record. 6. The Tribunal, based on the pleadings of the parties, framed the relevant issues. - 4 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 7. Claimant No.1(d) was examined as PW.1, examined 2 witnesses as PWs.2 and 3 and marked 12 documents as Exs.P1 to P-12. In rebuttal, the respondents did not lead any evidence. However, 1 document was marked as Ex.R-1 i.e. insurance policy. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the petition in part and awarded compensation of Rs.25,000/- with interest at the rate of 8% per annum from the date of the petition till the realization of the amount. The legal representatives of the deceased, aggrieved by the judgment and award passed by the Tribunal, filed this appeal, seeking for an enhancement of compensation. 9. Heard the learned counsel for the legal representatives of the deceased and the learned counsel for the insurance company. 10. Learned counsel for the legal representatives of the deceased submits that the deceased, during his life time had spent a huge amount towards medical expenses. He - 5 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 submits that the compensation awarded by the Tribunal is on the lower side. Hence, he prays for the enhancement of compensation. 11. Per contra, the learned counsel for the insurance company submits that the compensation awarded by the Tribunal is just and proper and do not call for any enhancement. Hence, prays to dismiss the claim petition. 12. Perused the records and considered the submissions of the learned counsel for the parties. 13. The point that arises for consideration is regarding the quantum of compensation. 14. There is no dispute that the original claimant met with an accident and sustained injuries. The accident occurred due to the rash and negligent driving of the rider of the Maruti Van. To prove the same, the claimant produced a certified copy of the charge sheet marked as Ex.P-6. The Tribunal was justified in recording a finding that the accident occurred due to the rash and negligent driving of the driver of the Maruti Van bearing reg. no. MH 14 BK 3216. - 6 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 15. Insofar as the quantum of compensation is concerned: The claimant has produced a certified copy of the wound certificate, marked as Ex.P-8, which discloses that the original claimant suffered grievous injuries and was admitted to the hospital on 13.02.2010 and discharged on 16.02.2010. Considering the nature of injuries sustained by the original claimant, the Tribunal awarded compensation of Rs.25,000/-. During the pendency of the claim petition, the original claimant died and his legal representatives were brought on record. The claimants have examined the Doctor to prove the disability. In view of the death of the original claimant, the question of granting compensation under the head loss of dependency would not arise, as the legal representatives of the original claimant have not produced the postmortem report to show that the death of the original claimant was due to the injuries sustained by him in the road traffic accident. 16. Considering the nature of the injuries sustained by the original claimant, this Court is of the opinion that the legal representatives of the original claimants are entitled to - 7 - HC-KAR NC: 2025:KHC-D:9943 MFA No. 21057 of 2012 a global compensation of Rs.75,000/- i.e., towards the medicals and other expenses. Thus the point for consideration is answered accordingly. 17. In view of the above discussion, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 13.12.2011 passed in MVC No.458/2010 by the Fast Track Court and MACT, Belgaum, is modified. iii. The legal representatives of the deceased original claimant are entitled to a global compensation of Rs.75,000/- with interest at the rate of 6% per annum from the date of the petition till the realization of the amount. iv.The insurance company is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this order. Draw an award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB