IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI M.F.A. NO.102057 OF 2014 (MV-D)

BETWEEN:

THE NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL OFFICE, RAMDEV GALLI, BELGAUM, NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, NATIONAL INSURANCE CO. LTD., 2^ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR, HUBLI.

…APPELLANT (BY SRI. SURESH S. GUNDI, ADVOCATE)

AND:

1. SHRI DIGAMBAR S/O. NAGESH NAVAGI, SINCE DECEASED BY HIS LRS.

1A. PRAMILA W/O. DIGAMBAR NAVAGI, AGE: 73 YEARS, OCC: HOUSEHOLD WORK, Digitally signed by V N BADIGER R/O. BHOJ GALLI, BELGAUM.

Location: HIGH COURT OF KARNATAKA, DHARWAD 1B. ANITA W/O. MARUTI GOUDALKAR, BENCH AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. BHOJ GALLI, BELGAUM.

2. SHRI RAJASAHEB S. SANADI, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO.302/2, DEVANG NAGAR, OLD BELGAUM. (OWNER OF THE AUTO RICKSHAW BEARING NO.KA-22/4870).

…RESPONDENTS (BY SRI. NAGARAJ J. APPANNANAVAR, ADV. FOR SRI. LAXMAN T. MANTAGANI, ADV. FOR R1 (A & B);

NOTICE TO R-2 IS HELD SUFFICIENT)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR RECORDS IN MVC NO.1741/2006 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T, BELGAUM AND SET ASIDE THE JUDGMENT AND AWARD DATED 11.04.2014 PASSED IN MVC NO.1741/2006, BY THE I ADDL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T, BELGAUM AND ETC.

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

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

1. This is an appeal filed by the Insurer/Respondent No.2 in M.V.C. No. 1741/2006 on the file of the Learned I Addl. Senior Civil Judge and Additional MACT, Belagavi (for short, the Tribunal) praying to set aside the judgment and award dated

11.04.2014 passed therein.

2. The claim petition in MVC No.1741/2006 came to be filed by one Sri Digambar S/o.Nagesh Navagi seeking compensation for the injuries sustained by him in a road traffic accident occurred on 09.03.2006. During the pendency of the claim petition the Claimant passed away and his legal representatives came on record by contending that the Claimant has succumbed to the injuries sustained in the accident.

3. After contest, the said petition was allowed in part holding that legal representatives of the Claimant are entitled for compensation of ₹2,64,008/- together with interest at the rate of 9% per annum from 31.01.2012 till realization. Further, the Tribunal held that Respondent Nos. 1 and 2 are jointly and severally liable to pay the compensation amount.

4. Aggrieved by the said judgment and award, the Insurer/ Respondent No.2 before the Tribunal has preferred the present appeal mainly on the ground that there was no nexus between the accidental injuries and the death of the Claimant. They have also contended that the Tribunal has overlooked planting of insured vehicle in connivance with the police and the insured. Further, they have disputed dependency of Claimant No.1(b) on the deceased on the ground that she is married daughter.

5. During the course of argument, learned Counsel for the Insurer-Appellant has vehemently submitted that there is no material on record to show nexus between the injuries sustained in the accident and death of the Claimant and that learned Tribunal has not properly appreciated the evidence on record in this regard.

6. Per contra, learned Counsel for legal representatives of Claimant relied on the documents marked at Ex.P12, P16, P20 and such other documents and submitted that there are sufficient materials on record to prove nexus between the injuries sustained by the Claimant in the accident in question and his death.

7. The case of the Claimant is that he had met with a road traffic accident on 09.03.2006 at about 9:30 p.m. near Saraf Galli Cross in Shahapur of Belagavi and thereafter he has under gone treatment for accidental injuries at District Civil Hospital, Belagavi and at a private ho