IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.1084 OF 2020(MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO.8116 OF 2018(MV-D)

IN MFA NO.1084 OF 2020 BETWEEN:

1. SMT KOUSALYA W/O LATE M.N. NAGARAJU, AGED ABOUT 59 YEARS, 2. KUM. SAVITHRI D/O LATE M.N.NAGRAJU, AGED ABOUT 31 YEARS, BOTH ARE R/AT SHIVANANDA COLONY, APMC YARD ROAD, 2^ND CROSS, ARSIKERE TOWN-573 103.

3. M.N.DIVKAR, S/O LATE M.N.NAGARAJU, AGED ABOUT 29 YEARS, R/AT MATHIGATTA VILLAGE, KASABA HOBLI, KADUR TALUK-577 548.

4. M.N.SUKANAYA W/O M.B.ASHOK, AGED ABOUT 34 YEARS, R/AT SRIKANTESHWARA NAGAR, 2^ND MAIN, BANGALORE 96.

5. M.N.MAMATHA W/O H.L.SHIVAKUMAR, AGED ABOUT 37 YEARS, R/AT APMC YARD ROAD, 2ND CROSS, SHIVAANADA COLONY, ARSIKERE TOWN-573 103.

…APPELLANTS (BY SRI. JAGADEESH H.T, ADVOCATE)

AND:

1. PRAVEEN KUMAR S/O LATE MANJUNATHA, AGED ABOUT 25 YEARS, R/AT TIMLAPURA CAMP, HOLEHONNUR HOBLI, SHIMOGA DISTRICT-577 201

2. THE MANAGER NATIONAL INSURANCE CO. LTD., NEHARU NAGAR, SHIMOGA-577 201 …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R2, VIDE ORDER DATED 09.03.2023, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.05.2018 PASSED IN MVC NO.1788/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO.8116 OF 2018 BETWEEN:

NATIONAL INSURANCE COMPANY LTD NEHARU NAGAR SHIVAMSOGA 577201 BY ITS MANAGER …APPELLANT (BY SMT. H.R. RENUKA, ADVOCATE)

AND:

1. KOUSALYA W/O LATE M.N. NAGARAJU, AGED ABOUT 57 YEARS, 2. SAVITHRI D/O LATE M.N.NAGRAJU, AGED ABOUT 29 YEARS, 3. M.N.DIVKAR, S/O LATE M.N.NAGARAJU, AGED ABOUT 27 YEARS, 4. M.N.SUKANAYA W/O M.B.ASHOK, AGED ABOUT 32 YEARS, RESP 1 TO 4 ARE RESIDENT OF APMC YARD ROAD

2^ND CROSS, SHIVANANDA COLONY ARSIKERE 573103

5. PRAVEEN KUMAR S/O LATE MANJUNATHA AGED ABOUT 23 YEARS R/O THIMLAPURA CAMP HOLEHONNUR HOBLI SHIMOGGA DISTRICT 577301 …RESPONDENTS (BY SRI. JAGADEESH H.T, ADVOCATE FOR R1 TO R5)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018 PASSED IN MVC NO.1788/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, ARSIKERE, AWARDING COMPENSATION OF RS.4,65,000/- WITH INTEREST @ 9% FROM THE DATE OF PETITION TILL DEPOSIT.

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

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present appeals have been filed seeking to challenge the Judgment and Award dated 14.05.2018 in MVC No.1788/2016 passed by the Senior Civil Judge & AMACT, Arsikere (hereinafter referred to as the “Impugned Award”). By the Impugned Award, the learned Tribunal has awarded compensation in a sum of Rs.4,65,000/- to the claimants along with interest at 9% per annum from the date of petition till the date of deposit. The challenge in MFA No.1084/2020 is by the claimants while the challenge in MFA No.8116/2018 is by the Insurance Company.

2. The brief facts are that on 10.03.2016 at around 07.30 p.m. when the deceased Nagaraju was returning back from work as a pillion rider on his motorcycle bearing registration No.KA.18/EA-4754, another motorcycle coming from the opposite direction, bearing temporary registration No.KA.14/TR-38542 and being driven in a rash and negligent manner, collided with the motorcycle of the deceased. As a result of the accident, the deceased sustained fatal injuries and was hospitalised at Shimoga Hospital where he succumbed to his injuries.

2.1. A claim petition was filed by the claimants seeking compensation in a sum of Rs.25,00,000/-. The owner of the offending vehicle did not appear before the Court and was proceeded ex parte. The Insurance Company(second respondent) contested the matter.

3. On the basis of the pleadings, Issues were framed by the learned Tribunal. The petitioner No.5 before the learned Tribunal, who is the daughter of the deceased N