IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2779 OF 2021 (MV-D)

BETWEEN: 1. SELIKA W/O LATE RAMEEZ RAZ, AGED ABOUT 23 YEARS, RESIDENT AT NO.DOOR NO.1-88/1, PONNADA PADAPU, ULI POST AND VILLAGE, BANTWAL TALUK, D.K- 574 326.

2. ABDUL LATHEEF S/O ABDUL KHADER, AGED ABOUT 52 YEARS, 3. ZULAIKA, W/O ABDUL LATHEEF, AGED ABOUT 49 YEARS, Digitally signed

4. NISHANA by D/O ABDUL LATHEEF, ANNAPURNA G AGED ABOUT 27 YEARS.

Location: HIGH COURT OF 5. THOUSINA KARNATAKA D/O ABDUL LATHEEF, AGED ABOUT 25 YEARS, RES/AT DOOR NO.2-189, MAINDLA HOUSE, NAVOOR POST & VILLAGE, BANTWAL TALUK, D K -574 211.

6. AHAMMAD KABEER M.A.

S/O ABDUL LATHEEF, AGED ABOUT 21 YEARS, APPELLANTS NO.2 TO 4 & 6 ARE RES/AT SHANTHIPALLA HOUSE, PERAL ROAD, NEAR UNIVERSAL MILL, KOIPADY, KUMBLA, KASARAGOD, KERALA STATE-671 321.

…APPELLANTS (BY SRI. ASHISH RAM D., ADVOCATE FOR SRI. KRISHNAMOORTHY D., ADVOCATE)

AND:

1. MOHAMMED NOORUDHEEN AHAMMED S/O NAFEESATHUL MOHSINA, AGED ABOUT 25 YEARS, RES/AT THAILAKKANDI HOUSE, THAIKKADAPPURAM MADIKAI, KASARAGOD-671 314.

2. UNITED INDIA INSURANCE CO. LTD., NILESHWAR, D.O 2^ND FLOOR, RAM BHAVAN COMPLEX, KODIALBAIL, MANGALURU-575 003 REP. BY ITS MANAGER.

…RESPONDENTS (BY SRI.Y.P.VENKATAPATHY, ADVOCATE FOR R2(VC), R1 IS SERVED AND UNREPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 09.12.2020, PASSED IN MVC NO.1795/2018, ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimants against the judgment and award dated 09.12.2020 passed by the I Additional Senior Civil Judge and CJM and MACT, Mangaluru, (for short `Tribunal'), in MVC No.1795/2018.

2. Though this appeal is listed for admission, with consent of learned advocates appearing for both the sides, the matter is taken up for final disposal.

3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

4. The brief facts of the case of both the parties before the Tribunal were that :

On 24.08.2018, at about 7.30 p.m., the deceased Mr.

Rameez Raz while riding the motor cycle bearing Registration No.KL-14-N-2246 from Kumbla towards Uppala, met with an accident due to involvement of motor cycle bearing registration No.KL-60-K-2806 at Mangalpady village, Kasargodu District. Due to the impact, he sustained grievous injuries and succumbed to the injuries.

5. It is the further case of the claimants that the deceased was aged 25 years and earning Rs.1,000/- per day by working as a driver of the Goods Tempo. He was contributing his earnings towards the family. Claimant No1 is the wife, claimant No.2 is the father, claimant No.3 is the mother, claimant Nos.4 and 5 are the sisters and claimant No.6 is the brother of the deceased. With these reasons, they prayed to award compensation of Rs.35,00,000/-.

6. Respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle in which the deceased was travelling.

7. The respondents filed their written statement, denying the contentions of the claim petitioners. Respondent No.2 denied its liability to pay the compensation on the ground that accident occurred due to the negligence of driver of the motor cycle. With these reasons, prayed to dismiss the claim petition.

8. From the rival contentions of the parties, the Tribunal framed necessary issues.

9. The claimants to prove their case examined two witnesses as PW-1 and PW-2 and marked 17 documents, as per Exs.P-1 to P-17 Respondents did not examine any witness but marked Ex.R-1 - Insurance policy.

10. The Tribunal after hearing both parties and appreciating the evidence on record, awarded followin