HC-KAR IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 103698 OF 2017 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 101221 OF 2017 IN MFA NO.103698/2017 BETWEEN:

1. SMT. PRABHAVATHI W/O. LATE S. PRAKASH JAIN @ PRAKASH CHAND, AGE: 47 YEARS, OCC: HOUSEWIFE, 2. SHITHAL JAIN D/O. LATE S. PRAKASH JAIN, Digitally signed by @ PRAKASH CHAND, BHARATHI H M Location: HIGH AGE: 32 YEARS, OCC: NIL, COURT OF KARNATAKA D D H at A e: R 2 W 0 A 2 D 5. 1 B 0 E . N 28 CH

11:28:35 +0530

3. RUPALI JAIN D/O. LATE S. PRAKASH JAIN, @ PRAKASH CHAND, AGE: 30 YEARS, OCC: NIL, 4. SRI. SHANKEY JAIN S/O. LATE S. PRAKASH JAIN, @ PRAKASH CHAND, AGE: 29 YEARS, OCC: NIL, 5. SRI. SAGAR JAIN S/O. LATE S. PRAKASH JAIN, @ PRAKASH CHAND, AGE: 27 YEARS, OCC: NIL, HC-KAR ALL ARE R/O: NO.8/11, FLOWER STREET, BALLARI.

…APPELLANTS (BY SRI. HANUMANTHREDDY SAHUKAR, ADVOCATE)

AND:

1. SRI. BASAVARAJ M. S/O. MARISWAMY AGE: 39 YEARS, OCC: DRIVER OF THE BUS KA-34/A-8368, R/O: D.NO.74, WARD NO.18, KANNADA NAGAR, TALUR ROAD, BALLARI.

2. M/S. SKOHETHOOR LOGISTICS OWNER OF THE BUS KA-34/A-8368, RIYAZUDDIN H.S. NO.1 HOUSING BOARD COLONY, BEHIND OLD CANTONMENT, MASJID TILAK NAGAR, BALLARI.

3. THE MANAGER BHARATI AXA M/S. BHARATI AXA GENERAL INSURANCE CO. LTD., NO.28, DODDANEKUNDI OFFI OUTER RIND ROAD, MARATAHALLI, BENGALURU-560037.

…RESPONDENTS (BY SRI. S.K. KAYAKAMATH ADVOCATE FOR R3;

NOTICE TO R2 SERVED;

NOTICE TO R3 DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING THAT, THE JUDGMENT AND AWARD DATED 27.10.2016 PASSED IN MVC NO.7/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

HC-KAR IN MFA NO.101221/2017 BETWEEN:

THE MANAGER, M/S. BHARTI AXA GENERAL INSURANCE COMPANY LIMITED, NO. 28, 1^ST FLOOR, FERNS ICON, DODDANEKUNDI OFFI OUTER RING ROAD, MARATHAHALLI. BENGALURU-560037.

NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE)

AND:

1. SMT. PRABHAVATHI W/O. LATE S. PRAKASH JAIN @ PRAKASH CHAND AGE: MAJOR, 2. SHITAL JAIN D/O. LATE S. PRAKASH JAIN @ PRAKASH CHAND AGED 32 YEARS, 3. RUPALI JAIN D/O. LATE S. PRAKASH JAIN @ PRAKASH CHAND AGED 30 YEARS, 4. SRI. SHANKEY JAIN S/O. LATE S. PRAKASH JAIN @ PRAKASH CHAND AGED 29 YEARS, 5. SAGAR JAIN S/O. LATE S. PRAKASH JAIN @ PRAKASH CHAND AGED 27 YEARS, ALL ARE R/O. 8/11, FLOWER STREET, BALLARI-583101.

HC-KAR

6. BASAVARAJ M. S/O. MARISWAMY AGED ABOUT 39 YEARS, DRIVER OF THE BUS BEARING REGISTRATION NO.KA 34/A 8368 R/O. D.NO. 74, W.NO.18, KANNADA NAGAR, TALUR ROAD, BALLARI-583101.

7. M/S. KOTHETHOOR LOGISTICS OWNER OF THE BUS BEARING REGISTRATION NO. KA 34/A 8368, RIYAZUDDIN H.S NO.1, HOUSING BOARD COLONY, BEHIND OLD CANTT., MASJID, TILAK NAGR, BALLARI-583104.

…RESPONDENTS (BY SRI. HANUMATHREDDY SAHUKAR, ADVOCATE FOR R1 TO R5;

NOTICE TO R6 AND R7 SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING THAT, THE JUDGMENT AND AWARD DATED 27.10.2016 PASSED IN MVC NO.7/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CUM MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.III, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

HC-KAR

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

These two appeals are by the insurance company as well as the claimants against the judgment and award dated 27.10.2016 passed in MVC No.7/2015 on the file of the Prl. Senior Civil Judge cum Motor Accident Claims Tribunal-III at Ballari (hereinafter for short ‘Tribunal’).

2. In MFA No.101221/2017, the insurer is before this Court questioning the quantum of compensation awarded by the Tribunal. Wher