IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.2298 OF 2020(MV-D)

C/W MFA CROSS OBJECTION NO. 9 OF 2021 (MV-D)

IN MFA No. 2298/2020 BETWEEN:

MANJUNATH NAIK AGED ABOUT 57 YEARS, S/O LATE BABU NAIK, R/AT KAIRADKA HOUSE, DURGA POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104.

…APPELLANT (BY SRI. RAJU BHAT., ADVOCATE)

AND:

1. SMT. ANNAPOORNA RANADE W/O LATE DATTATREYA RANADE, AGED ABOUT 60 YEARS, 2. BALAKRISHNA RANADE AGED ABOUT 39 YEARS, R/AT NO.296, 11^TH CROSS, MPM LAYOUT, MALLATHAHALLI, BANGALORE SOUTH, BANGALORE-560 056.

3. SRI. PURUSHOTTHAMA RANADE AGED ABOUT 36 YEARS, 4. SRI. MAHADEVA RANADE AGED ABOUT 34 YEARS, R/AT AYYAPPA SWAMY TEMPLE, LAKSHMIPURAM EXTN, SAKALESHPUR, HASSAN-573 134.

5. SMT. NEERAJA BAPAT.S.N.

AGED ABOUT 31 YEARS, W/O NIRANJAN BAPAT.S.C., R/AT VIDYARANYAPURA, SRINGERI, CHICKMAGALUR-577 139.

RESPONDENT NO.2-5 ARE THE CHILDREN OF LATE DATTATREYA RANADE, RESPONDENT NO.1-3 ARE R/AT RANADE NIVAS, HERANJA VALYA, MALA POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104.

6. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE KARKALA, P B NO. 29, 2^ND FLOOR, SUSHEELA SANJIV ENCLAVE, NEAR KARNATAKA BANK LIMITED, MARKET ROAD, KARKALA, UDUPI DISTRICT-574 104.

…RESPONDENTS (BY SRI. PRASANNA.V.R., ADVOCATE FOR R1 TO R5; SRI. CHENNAKESHAVA MURTY., ADVOCATE FOR R6)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.03.2019 PASSED IN MVC NO.89/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, AWARDING COMPENSATION OF RS. 8,50,790/- WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

IN MFA.CROB NO. 9/2021 BETWEEN:

1. SMT. ANNAPOORNA RANADE W/O LATE DATTATREYA RANADE, AGED ABOUT 60 YEARS, R/AT RANADE NIVAS HERANJA VALYA, MALA POST AND VILLAGE KARKALA TALUK, UDUPI DISTRICT-574 104.

2. SRI. BALAKRISHNA RANADE AGED ABOUT 39 YEARS, R/AT NO. 296, 11^TH CROSS, MPM LAYOUT, MALLATHAHALLI, BANGALORE SOUTH, BANGALORE-560 056.

3. SRI. PURUSHOTTHAMA RANADE AGED ABOUT 36 YEARS, R/AT RANADE NIVAS, HERANJA VALYA, MALA POST, AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104.

4. SRI. MAHADEVA RANADE AGED ABOUT 34 YEARS, R/AT AYYAPPA SWAMY TEMPLE, LAKSHMIPURAM EXTN, SAKALESHPUR, HASSAN-573 134.

5. SMT. NEERAJA BAPAT.S.N.

AGED ABOUT 31 YEARS, W/O NIRANJAN BAPAT S.C., R/AT VIDYARANYAPURA, SRINGERI, CHICKMAGALUR-577 139.

...CROSS OBJECTOR (BY SRI. PRASANNA.V.R., ADVOCATE FOR SRI. RAJU BHAT., ADVOCATE)

AND:

1. SRI. MANJUNATH NAIK AGED ABOUT 57 YEARS, S/O LATE BABU NAIK, R/AT KAIRADKA HOUSE, DURGA POST AND VILLAGE, KARKALA TALUK-576 117.

2. M/S. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE KARKALA, P.B.NO.29, 2^ND FLOOR, SUSHILA SANJIV ENCLAVE, NEAR KARNATAKA BANK LIMITED., MARKET ROAD, KARKALA DISTRICT-574 104.

...RESPONDENTS (BY SRI. CHANNAKESHAVA MURTHY., ADVOCATE FOR R2)

THIS MFA.CROB IN MFA NO. 2298/2020 FILED UNDER ORDER 41 RULE 22 READ WITH SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.03.2019 PASSED IN MVC NO. 89/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KARKALA, 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: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. Both the appeals seek to challenge a Judgment and Award dated 28.03.2019 passed in MVC.No.89/2018, by the learned Senior Civil Judge and AMACT, Karkala [hereinafter referred to as the “Impugned Award”]. By the Impugned Award, the learned Tribunal has granted compensation in a sum of Rs.8,50,790/- along with interest at the rate of 8% per annum, from the date of petition till realization payable by respondent No.1.

2. The challenge before this Court is by way of two appeals both by owner of the vehicle as well as by the claimants. MFA.No.2298/2020 has been filed by the owner, while MFA.Crob.No.9/2021 has been filed