- 1 - HC-KAR NC: 2025:KHC:38836 MFA No. 1380 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1380 OF 2021(MV-D) BETWEEN: 1. INDIRAMMA W/O BASAVARAJACHAR, AGED ABOUT 48 YEARS, 2. BASAVARAJACHAR S/O LATE T. N. SHAMCHAR, AGED ABOUT 53 YEARS, ALL ARE RESIDING AT KUPPURU BUGUDANAHALLI, KORA HOBLI, TUMKUR TALUK AND DISTRICT - 577 101 …APPELLANTS (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE) AND: THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED BEHIND KRISHNA THEATER, M. G. ROAD, TUMKUR - 577 101 …RESPONDENT (BY SRI. B. A. RAMAKRISHNA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38836 MFA No. 1380 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.06.2020, PASSED IN MVC NO.1472/2018, ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the dismissal of MVC.No.1472/2018 dated 02.06.2020 passed by the I Addl. District Judge and MACT, Tumakuru, the claimants are before this court. 2. The claim petition was filed U/s 163A of MV Act seeking compensation of an amount of Rs.10,00,000/- for the death of the deceased. The Tribunal had dismissed the claim petition as the deceased was a driver cum owner of the vehicle and he is not entitled for any compensation. 3. The learned counsel for the claimants submits that as the deceased was the driver of the vehicle, the insurance company is liable to pay the personal accident coverage of an - 3 - HC-KAR NC: 2025:KHC:38836 MFA No. 1380 of 2021 amount of Rs.1,00,000/-. Even that aspect was also not considered by the Tribunal. 4. Learned counsel for the insurance company does not dispute the fact that the deceased is entitled for the personal accident coverage of an amount Rs.1,00,000/-. i. Accordingly, the appeal of the claimant is partly allowed and he is entitled for an amount Rs.1,00,000/- towards personal accident coverage with interest of 6%. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 17