IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO.101819 OF 2015 (MV-D)

BETWEEN:

THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI.

REP: BY DEPUTY MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, KUSUGAL ROAD, HUBLI-13.

…APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE)

AND: MOHANKUMAR B SHELAR DMLKD+ oa i a0 Og crt5 i enaHt 3: ta aA 0 i 2t l oN a0 y nk K 2 : s a 5 HUi , g .D M 1 i n g 1h e hA . d a1 RCr 3 b woB y 1 ua 1 Srdt : H 2 BoE 4ef : L n4 A c9h R

1. SMT. REKHA, W/O RAVASAB KASTI AGE: 26 YEARS, OCC: HOUSEHOLD, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELAGAVI.

2. KUMARI SWETHA, D/O RAVASAB KASTI, AGE: MINOR, STUDENT, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELAGAVI.

3. KUMAR OMKAR, S/O RAVASAB KASTI, AGE: MINOR, STUDENT, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELAGAVI.

RESPONDENTS NO.2 & 3 ARE MINORS HENCE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER, RESPONDENT NO.1.

4. SMT. SHARUBAI, W/O APPASAB KASTI, AGE: 56 YEARS, OCC: HOUSEHOLD, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELAGAVI.

5. SHRI ANNASAB HONNAPPA KESTI, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELAGAVI. …RESPONDENTS (BY SRI. K. ANANDKUMAR, ADVOCATE FOR R1-R4)

(NOTICE R5-SERVED & UNREPRESENTED)

THIS MFA IS FILED UNDER SEC.173(1) OF M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.03.2015, PASSED IN MVC.NO.1463/2014, ON THE FILE OF SENIOR CIVIL JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL AT RAIBAG, AWARDING COMPENSATION OF RS.14,29,864/- ALONG WITH INTEREST AT THE RATE OF 6% P.A. FROM TEH DATE OF FILING THE PETITION TILL THE DATE, OF DEPOSIT & ETC. .

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

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

This appeal is filed by the insurance company against the judgment and award, dated 07.03.2015, passed in M.V.C. No. 1463/2014 by the Senior Civil Judge & Motor Accident Claims Tribunal, Raibag hereinafter referred to as ‘the Tribunal’) challenging quantum of compensation awarded by the Tribunal.

2. Parties would be referred to as per their rank before the Tribunal, for the sake of convenience and clarity.

3. Brief facts of the case are that a claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental death of one Ravasab Appasab Kesti. It was stated in the claim petition that on 05.02.2024, at about 4.00 p.m., said Ravasab Appasab Kesti was proceeding on motorcycle bearing bearing registration No.KA-23/EA-2113 as a pillion rider towards Nasalapur village. It was stated that respondent No.1, who is the uncle of the said Ravasab Appasab Kesti, was riding the said motor cycle in a rash and negligent manner and when they came near the place of the accident i.e., Nasalapur village on Akali-Raibag Road, respondent No.1 lost control over the motorcycle and dashed to a roadside Neem tree and caused accident due to which the deceased sustained grievous injuries and was taken to Dr.Magadum Hospital, Ankali, where he died due to accidental injuries. It was stated in the claim petition that the deceased was aged 30 years; the deceased owned agricultural land and used to earn Rs.5,00,000/- per annum by raising commercial crops like sugarcane etc., and was maintaining the family. Due to death of the deceased, the claimants lost earnings so as to maintain family, his love and affection and consortium.

Hence, the claimants sought for compensation.

4. On receipt of notice of the claim petition, respondent No.1 – owner of the vehicle, filed his objection statement wherein he denied the averments made in the claim petition and contended that he was riding the motor cycle on the left side of the road at a moderate speed and by following the traffic rules; he was having valid driving licence and since the vehicle was insured with respondent No.2-insurance company, he was n