- 1 - HC-KAR NC: 2026:KHC-D:797 MFA No. 101067 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101067 OF 2022 (MV-D) BETWEEN: THE MANAGER, IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, DAMODAR COMPLEX NEAR NTTF RAMANAGAR, DHARWAD-580002, (POLICY NO.1-13A 6717 P 400, VALIDITY FROM 11-04-2019 TO 10-04-2020) REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE) (THROUGH VC APPEARED) AND: 1. SMT. LAXMI W/O. MANJUNATH SHALDAR, AGE. 48 YEARS, OCC. COOLIE, R/O. SATUGATTI ONI, UNKAL, TQ. HUBBALLI-580021, DIST. DHARWAD. 2. DEEPAK KUMAR S/O. ANANTH KUMAR, AGE. MAJOR, OCC. BUSINESS, R/O. H.NO.191, SUTAGATTI, UNKAL, TQ. HUBBALLI-580021, DIST. DHARWAD. (OWNER OF THE VEHICLE NO.KA-25/EY-3031) …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 17.12.2021 PASSED IN MVC NO.525/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI BY EXONERATING THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:797 MFA No. 101067 of 2022 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.525/2019 dated 17.12.2021 by the Principal Senior Civil Judge and Additional MACT, Hubballi, (for short ‘the Tribunal’), the insurance company is before this Court. 2. The facts of the case are that on 13.04.2019 at about 3.15 p.m., the deceased, who was the son of the clamant, was proceeding on a motorcycle towards Unkal from Dharwad. When he came near Dodwad oil mill, suddenly a dog came across the bike and to avoid the accident, the son of the claimant took his motorcycle towards extreme left side and fell down, due to which he sustained fatal injuries. Immediately, he was shifted to the hospital. The claim petition was filed under Section 163(A) of the Motor Vehicles Act. The Tribunal granted an amount of Rs.4,12,500/- towards compensation holding that the insurance company is liable to pay the compensation. - 3 - HC-KAR NC: 2026:KHC-D:797 MFA No. 101067 of 2022 3. It is the submission of the learned counsel appearing for the appellant/Insurance Company that the deceased has stepped into the shoes of the owner of the vehicle and he is not entitled for any compensation. It is submitted that this aspect was not considered by the Tribunal and in the light of the law laid down by the Apex Court in the case of Ramkhiladi and another v. The United India Insurance Company and another1, he is not entitled for any compensation. 4. The respondent though served, no vakalath is filed on his behalf. 5. Having heard the learned counsel appearing for the appellant/Insurance Company, perused the material on record. 6. There is no dispute that the issue is covered by the decision of the Hon’ble Apex Court in the case of Ramkhiladi (referred supra). In the said case, the Hon’ble Apex Court has observed that the deceased has stepped into the shoes of the owner of the vehicle, as the owner is entitled for personal accident coverage, the deceased is also entitled to the same. In 1 2020 (2) SCC 550 - 4 - HC-KAR NC: 2026:KHC-D:797 MFA No. 101067 of 2022 that view of the matter, if the personal accident coverage has to be paid, it would be much more than the awarded amount. The claimants have not preferred any appeal. Hence, this Court finds no reason to interfere with the award passed by the Tribunal. It is also not open to the claimants to seek personal accident coverage. Accordingly, this Court is passing the following: (i) Accordingly, the appeal is dismissed. (ii) The Insurance Company shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. (iii) The amount in deposit shall be forthwith transferred to the Tribunal. (iv) Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. (v) No costs. - 5 - HC-KAR NC: 2026:KHC-D:797 MFA No. 101067 of 2022 (vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD, List No.: 1 Sl No.: 26