HC-KAR IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3^RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO.101680 OF 2021 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO.104128 OF 2018 (MV-D)

IN MFA NO.101680/2021 BETWEEN:

1. SMT. KURI NEELAMMA W/O. LATE KURI HANUMANTHAPPA, AGE. 45 YEARS, 2. MINOR KURI HULIGAMMA D/O. LATE KURI HANUMANTHAPPA, AGE. 18 YEARS, NOTE. 1. MINOR APPELLANT NO.2 IS NOW MAJOR AS PER THE MAJORITY ACT 1875, HENCE SINGED IN THE VAKALATH.

Digitally signed by VIJAYALAKSHMI M KANKUPPI

2. THE APPELLANT NO.3 IS DEAD ON 29.05.2020, Location: HIGH COURT OF HENCE NOT ARRIVED AS A PARTY BEFORE THIS KARNATAKA APPEAL.

(PRESENTLY ALL ARE RESIDENTS OF TALUR ROAD, BALLARI-583101.

…APPELLANTS (BY SRI. MANJUNATH JADAI, ADVOCATE)

AND:

1. VIKRAM S/O. VENKATESH NAIK, AGE. 27 YEARS, OCC. DRIVER OF THE TRACTOR–TRAILER, BEARING NO.KA-35/TA-4738/4739, R/O. BANDE BASAPURA THANDA, HC-KAR KUDLIGI TALUKA, BALLARI DIST-583135.

2. HANUMANAYAK S/O. SEVANAYAKA, AGE. 58 YEARS, OCC. OWNER OF THE TRACTOR-TRAILER BEARING NO.KA-35/TA-4738/4739, R/O. # 36, BANDE BASAPURA THANA, KUDILLI TALUKA, BALLARI DIST-583135.

3. THE BRANCH MANAGER, M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. BALLARI-583101.

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

NOTICE TO R1 AND R2 ARE DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.08.2018 PASSED IN MVC NO.721/2016 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI AND ENHANCE THE COMPENSATION BY ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY AND ETC.,.

IN MFA NO.104128/2018 BETWEEN:

THE BRANCH MANAGER, M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. BALLARI, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY.

...APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE)

AND:

1. SMT. KURI NEELAMMA W/O. LATE KURI HANUMANTHAPPA, AGE: 44 YEARS, OCC: NOT KNOWN.

2. MINOR KURI HULIGAMMA D/O. LATE KURI HANUMANTHAPPA, HC-KAR AGE: 17 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT. KURI NEELAMMA W/O. LATE KURI HANUMANTHAPPA.

3. KURI GUNDAMMA W/O. LATE KURI PAKKIRAPPA, AGE: 72 YEARS, OCC: HOUSE-WIFE, ALL ARE RESIDENTS OF PURA VILLAGE, KAMBLI POST, HUVINAHADAGALI TALUK, NOW RESIDING AT TALUR ROAD, BALLARI-583101.

4. VIKRAM S/O. VENKATESH NAIK, AGE: 27 YEARS, DRIVER OF TT UNIT BEARING REGISTRATION NO.KA-35/TA-4738/4739, R/O. BANDE BASAPUR TANDA, KUDLIGI TALUK, DIST: BALLARI-583101.

5. HANUMANAYAKA S/O. SEVANAYAKA, AGE: 57 YEARS, DRIVER OF TT UNIT BEARING REGISTRATION NO.KA-35/TA-4738/4739, R/O. BANDE BASAPUR TANDA, KUDLIGI TALUK, DIST: BALLARI-583101.

...RESPONDENTS (BY SRI. MANJUNATH JADAI, ADVOCATE FOR R1 & R2;

NOTICE TO R3 AND R4 ARE SERVED (R2 MINOR REP. BY R1))

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 25.08.2018 PASSED IN MVC NO.721/2016 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.

THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)

These appeals arise out of a judgment and award dated 25.08.2018 passed in MVC No. 721 of 2016 by the learned II Additional District and Sessions Judge and Member, MACT-XII, Ballari (‘Tribunal’ for short).

2. Brief facts leading rise to the filing of these appeals are as follows:

2.1. On 29.10.2015, a tractor-trailer bearing Reg.No.KA-35/TA-4738/4739 was loaded with sugarcane to unload at Vijaya Nagara Gangapura Sugar Factory and when the said vehicle was passing in front of Durgamma Temple in Pura Village, the driver of the tractor-trailer drove vehicle in a rash and negligent manner and the said vehicle fell down on one Kuri Hanumanthappa. He was ad