HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 61 OF 2016 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 107 OF 2016 (MV-D)

IN MFA No. 61/2016:

BETWEEN:

1. MR. NARAYANA SHETTY, S/O DASANNA SHETTY, AGED ABOUT 63 YEARS, 2. MRS. RAJESHWARI SHETTY, W/O NARAYANA SHETTY, AGED ABOUT 58 YEARS, BOTH ARE RESIDING AT D NO.4-251, KANCHARAGADDE HOUSE, SVS COLLEGE ROAD, BANTWAL KASABA VILLAGE, Digitally BANTWAL TALUK D.K. DISTRICT, Signed by PIN:574219.

REKHA R Location : …APPELLANTS High Court (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)

of Karnataka AND:

1. MRS NAYANA HOLLA, W/O N NARSINMHARAJ, ADULT,SNEHA NILAYA, H NO.12-447, MANDEKOPPA POST, BANTWAL TALUK D.K. DISTRICT, PIN-574 219.

HC-KAR

2. NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH OFFICE, 1^ST FLOOR, EMJAYS BUILDING, BALMATTA, MANGALURU, D.K.

REPRESENTED BY ITS BRANCH MANAGER PIN-575 001.

…RESPONDENTS (BY SRI. T. SANDESH SHETTY, ADVOCATE FOR R1;

SRI. S. SRISHAILA, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2015 PASSED IN MVC NO.1278/2013 ON THE FILE OF THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, MANGALURU, D.K, AND CLAIM PETITION BE ALLOWED AS PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE.

IN MFA NO. 107/2016:

BETWEEN:

THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE AT 1^ST FLOOR, EMJAYS BUILDING, OPP. NETHRAVATHI BUILDING, BALIMATTA, MANGALORE, REPRESENTED BY ITS AUTHORISED SIGNATORY AT REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, MG.ROAD, BANGALORE-560025.

...APPELLANT (BY SRI. S. SRISHAILA, ADVOCATE)

AND:

1. MR NARAYANA SHETTY, S/O DASANNA SHETTY, AGED ABOUT 63 YEARS, RESIDING AT D.NO.4-251 KANCHARAGADDE HOUSE, HC-KAR SVS COLLEGE ROAD, BANTWAL KASABA VILLAGE, BANTWAL TALUK.

2. MRS.RAJESHWARI SHETTY, W/O NARAYANA SHETTY, AGED ABOUT 58 YEARS, RESIDING AT D.NO.4-251, KANCHARAGADDE HOUSE, SVS COLLEGE ROAD, BANTWAL KASABA VILLAGE, BANTWAL TALUK-574 211. 3. MRS. NAYANA HOLLA, ADULT, W/O N.NARASIMHARAJ, R/OF SNEHA NILAYA, H.NO.12-477, MANDEKOPPA POST, BANTWAL TALUK, D.K.-574 211.

...RESPONDENTS (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE FOR R1 AND R2;

SRI. PRASHANTH D. ADVOCATE FOR SRI. SANDESH SHETTY .T ADVOCATE FOR R3)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2015 PASSED IN MVC NO.1278/2013 ON THE FILE OF THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VI, MANGALURU, D.K, AND CLAIM PETITION BE ALLOWED AS PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE.

THESE APPEALS ARE, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

s These two appeals are filed by the claimants as well as the Insurer calling in question the judgment and award dated 01.09.2015 in MVC No.1278/2013 passed by the MACT and I Additional Senior Civil Judge, Mangalore (hereinafter referred to as ‘the Tribunal’).

2. The date of accident, the involvement of the vehicle, the death of the deceased Amarnath Shetty S/o Narayana Shetty, and the liability to pay compensation are not in dispute. The only dispute raised by the claimants is regarding inadequate compensation, whereas the appeal filed by the Insurance Company challenges the award as exorbitant.

3. Heard Sri. Ravishankar Shastry G., learned counsel for the appellant, Sri. Prashanth D., learned counsel for respondent No.1 and Sri S. Srishaila, learned counsel for respondent No.2 in M.F.A No.61/2016, and Sri S. Srishaila, learned counsel for the appellant, Sri. Ravishankar Shastry G., learned counsel for respondents Nos.1 & 2 and Sri. Prashanth D., on behalf of Sri. Sandesh Shetty T., learned HC-KAR counsel for respondent No.3 in MFA No.107/2016. Sri. T. Sandesh Shetty, learned counsel heard for the owner of the offending vehicle in both the cases.

4. Sri Ravishankar Shastry G., learned counsel submits that the Tribunal has not considered the case of the appellant for adding fut