- 1 - HC-KAR CNR: KAHC010500792015 NC: 2026:KHC:43175 MFA No. 7965 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7965 OF 2015 (MV-D) BETWEEN: K. SHANTHAKUMAR S/O LATE KRISHNAMURTHY, AGED ABOUT 38 YEARS, R/AT VIDYA NAGAR, MANDYA CITY. …APPELLANT (BY SMT. BHUSHANI KUMAR, ADVOCATE) AND: 1. RAGHAVENDRA G.R. S/O RAMACHANDRA RAMACHANDRA COMPLEX, CHANNASANDRA MAIN ROAD, KADUGODI POST, BANGALORE - 560 067. 2. THE MANAGER (LEGAL) TATA AIG GENERAL INSURANCE CO. LTD., NO. 69, 3RD FLOOR, JP AND DEVI JAMBUKESHWARI ARCADE MILLER'S ROAD, BANGALORE. …RESPONDENTS (BY SRI. B.C. VIJAY, ADVOCATE FOR R1; SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010500792015 NC: 2026:KHC:43175 MFA No. 7965 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.11.2014 PASSED IN MVC NO.367/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, MANDYA, DISMISSED THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 29.11.2014 passed in MVC No.367/2012 on the file of the II Additional Senior Civil Judge and Additional MACT, Mandya. 2. Heard the arguments of learned counsels for the both sides. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Brief facts of the case are that, one Gowrubai, met with an accident on 22.01.2012 and died - 3 - HC-KAR CNR: KAHC010500792015 NC: 2026:KHC:43175 MFA No. 7965 of 2015 subsequently. Her sister son filed a claim petition before the Tribunal claiming compensation of Rs.11,60,000/-. The Tribunal, considering the entire evidence on record, dismissed the claim petition as not maintainable on the ground that the petitioner failed to prove that he is the legal representative of the deceased. 4. Aggrieved by the said award, the claimant has preferred this appeal and mainly contended that the appellant had taken care of the deceased and the Tribunal ought to have appreciated the fact that he had transported the dead body and performed funeral and obsequies ceremonies but failed to do so. It is further contended that the whereabouts of one of the deceased's son is not known for 8 to 9 years, while another son was predeceased. The deceased also lost her husband and she has no other legal heirs. Hence, the Tribunal erred in dismissing the claim petition. - 4 - HC-KAR CNR: KAHC010500792015 NC: 2026:KHC:43175 MFA No. 7965 of 2015 5. Admittedly, the petitioner is the sister's son of the deceased and as such, he cannot be treated as her legal representative. Therefore, he is not entitled to any compensation. Though the petitioner stated that he is the foster son of the deceased, he has not filed any document to substantiate the said contention. But as he spent amount towards her funeral expenses, this Court finds that it is just and reasonable to grant an amount of Rs.15,000/- towards funeral expenses. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 29.11.2014 passed in MVC No.367/2012 on the file of the II Additional Senior Civil Judge and Additional MACT, Mandya, is modified. iii. Respondent No.2/Insurance Company is directed to deposit the compensation of - 5 - HC-KAR CNR: KAHC010500792015 NC: 2026:KHC:43175 MFA No. 7965 of 2015 Rs.15,000/- along with the interest at the rate of 6% within one month from the date of this order. iv. On such deposit, petitioner is permitted to withdraw the same along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 40