IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 5^TH DAY OF JANUARY, 2022

BEFORE

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

MISCELLANEOUS FIRST APPEAL No.23295/2012(MV)

BETWEEN:

1.

SMT. NINGAVVA W/O BASAVANTAPPA KAMANAKATTI,

AGE: 59 YEARS, OCC: HOUSEHOLD,

R/O: HIREHARKUNI, TQ: KUNDAGOL,

DIST: DHARWAD.

2.

SMT. GIRIJAVVA W/O RUDRAPPA VANAHALLI,

SGE: 42 YEARS, OCC: HOUSEHOLD WORK,

R/O: HIREHARKUNI, TQ: KUNDAGOL,

DIST: DHARWAD.

3.

SMT. PARAVVA W/O IRAPPA MULAGUND,

AGE: 40 YEARS, OCC: HOUSEHOLD WORK,

R/O: HIREHARKUNI, TQ: KUNDAGOL,

DIST: DHARWAD.

4.

CHANNABASAPPA S/O BASAVANTAPPA KAMANAKATTI,

AGE: 28 YEARS, OCC: AGRICULTURE,

R/O: HIREHARKUNI, TQ: KUNDAGOL,

DIST: DHARWAD.

...APPELLANTS

(BY SRI.HANAMANT R. LATUR, ADVOCATE)

AND:

1.

M/S CHETANA TRAVELLS AND ANOTHER

PROPRIETOR, UDAY K BIJJUR,

AGE: 50 YEARS, OCC: TRANSPORT BUSINESS,

R/O.H.NO-11, NEELAKANT APPARTMENT,

ASHOK NAGAR, HUBLI,

DIST: DHARWAD.

2

2.

NATIONAL INSURANCE COMPANY LIMITED LTD.

1^ST FLOOR, SUJATA COMPLEX,

P.B.ROAD, HUBLI, DIST: DHARWAD.

3.

THE MANAGER DIRECTOR,

N.W.K.R.T.C. GOKUL ROAD, HUBLI.

…RESPONDENTS

(APPEAL AGAINST R1 STAND DISMISSED)

(BY SRI.S.V. YAJI, ADVOCATE FOR R2 - THROUGH VC)

(BY SRI. P.R.BENTUR ADVOCATE FOR R3)

---

THIS

MISCELLANEOUS

FIRST

APPEAL

IS

FILED

UNDER

SECTION 173(1) OF THE MV ACT, AGAINST THE JUDGMENT AND

AWARD DTD: 03.10.2011 PASSED IN MVC No.78/2011 (OLD MVC

NO.38/2008) ON THE FILE OF THE DISTRICT JUDGE (FAST TRACK

COURT) AND MEMBER, MACT AT HAVERI, DISMISSING THE PETITION

FILED UNDER SECTION 166 OF THE MV ACT 1988.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

The instant appeal is filed by the claimant

challenging

the

judgment

and

award

dated

03.10.2011 passed by the District Judge (Fast Track)

and MACT, at Haveri, in MVC No.78/2011 (old

No.38/2008).

2.

The brief facts of the case that would be

relevant for the purpose of disposal of this appeal

are:

The claimants, who claims to be the legal

representatives of one Basavantappa had filed MVC

3

No.78/2011 under Section 166 of the Motor Vehicles

Act, 1988 (hereinafter referred to as ‘the MV Act,

1988’,

for

brevity),

claiming

compensation

of

`5,00,000/-, for the death of Basavantappa S/o.

Mahadevappa Kamanakatti in a road traffic accident

which took place on 19.06.2005. It is the case of the

claimants that, on 19.06.2005, when the deceased

Basavantappa

was

traveling

in

a

bus

bearing

registration No.KA-25/B-0151 along with his grand

son Basavaraj from Laxmeshwar to Annigeri, the

driver of the bus drove the same in a rash and

negligent manner and dashed against the roadside

tamarind tree and due to the impact, a woman and

two boys died on the spot and about 25 to 30 persons

including

the

deceased

Basavantappa

sustained

grievous injuries in the said accident. Immediately

thereafterwards, Basavantappa was shifted to the

Government Hospital at Gadag and subsequently

shifted to some other hospital where he was treated.

Basavantappa

subsequently

died

on

11.10.2005.

Thereafterwards, the claimants have filed a claim

4

petition under Section 166 of the MV Act, 1988,

claming

compensation

towards

the

death

of

Basavantappa on the ground that the death was as a

result of the accident that had taken place on

19.06.2005.

The Tribunal vide its judgment and award dated

03.10.2011 has dismissed the claim petition on the

ground that the claimants have failed to prove that

the death was as a result of the injuries sustained by

the deceased Basavantappa in the accident that had

occurred on 19.06.2005. Being aggrieved by the said

judgment and award, the claimants are before this

Court.

3.

Learned counsel for the appellants submits

that the material on record would go to show that the

deceased

Basavantappa

had

sustained

grievous

injuries in the accident that had taken place on

19.06.2005. He was aged abo