HC-KAR IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI MISCELLANEOUS FIRST APPEAL NO. 100951 OF 2025 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 104093 OF 2025 (MV-D)

IN MFA NO. 100951 OF 2025:

BETWEEN:

ICICI LOMBARD GENERAL INSURANCE CO. LTD., THROUGH ITS LEGAL CLAIMS MANAGER, NIBHAYE VAADE, BRANCH MANAGER, 1^ST FLOOR, BELLAD AND HERO HONDA SHOW ROOM, BANNIGIDA STOP, GOKUL ROAD, HUBBALLI, BY ITS AUTHORIZED SIGNATORY.

… APPELLANT (BY SRI RAVINDRA R. MANE, ADVOCATE)

AND:

Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA 1. KUMARI CHINMAI D/O LATE SANTOSH KUMAR, DHARWAD BENCH AGED ABOUT 16 YEARS, OCC. STUDENT, R/O. 3^RD MAIN, 10^TH CROSS, YALLAMMA NAGAR, DAVANAGERE, NOW AT: FOR STUDIES, ANUPAMA ENGLISH SCHOOL HOSTEL, BENGALURU-560 086, (THE RESPONDENT NO.1 BEING A MINOR R/BY HER GUARDIAN, GRAND MOTHER, RESPONDENT NO.2 HEREIN).

2. G. MANJAMMA @ MANJULAMMA W/O LATE GANESHAPPA, HC-KAR AGED ABOUT 58 YEARS, OCC. RETIRED, ARTIST AND DRAMA COMPANY ARTIST AND DANCER, R/O. 3^RD MAIN, 10^TH CROSS, YALLAMMA NAGAR, DIST. DAVANAGERE-577 006.

3. RAHUL S/O RAMESH HACHOTE, AGE. MAJOR, OCC. BUSINESS, R/O, SANIKA ENTERPRISES, 1^ST FLOOR, ABOVE ROHAN MOTORS, SHAHPETE, VIJAYAPURA-586 101, (OWNER OF CAR BEARING NO.KA-28/P-2631).

… RESPONDENTS (BY SRI ANJANEYA M., ADVOCATE FOR R1 AND R2;

NOTICE ISSUED TO R3 IS SERVED, BUT UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 14.11.2024 PASSED IN MVC NO.979/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, AND ETC.

IN MFA NO. 104093 OF 2025:

BETWEEN:

1. KUMARI CHINMAI D/O LATE SANTOSH KUMAR, AGE. 16 YEARS, OCC. STUDENT, R/O. 3^RD MAIN, 10^TH CROSS, YALLAMMA NAGAR, DAVANAGERE, NOW AT FOR STUDIES, ANUPAMA ENGLISH SCHOOL HOSTEL, BENGALURU (KUMARI CHINMAI R/BY G. MANJAMMA).

2. G. MANJAMMA @ MANJULAMMA W/O LATE GANESHAPPA, AGE. 58 YEARS, OCC. RETIRED ARTIST AND HC-KAR DRAMA COMPANY ARTIST AND DANCER, R/O. 3^RD MAIN, 10^TH CROSS, YALLAMMANAGAR, DIST: DAVANAGERE-577 101.

… APPELLANTS (BY SRI ANJANEYA M., ADVOCATE)

AND:

1. SRI RAHUL S/O RAMESH HACHOTE, AGE. MAJOR, OCC. BUSINESS, R/O. SANIKA ENTERPRISES, 1^ST FLOOR, ROHAN MOTER, SHAPETE, VIJAYAPURA-586 104.

2. THE LEGAL CLAIMS MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NIBHAYE VAADE, BRANCH MANAGER, 1^ST FLOOR BELLAD AND HERO HONDA SHOW ROOM, BANNIGIDA STOP, GOKUL ROAD, HUBBALLI-580 029.

… RESPONDENTS (BY SRI RAVINDRA R. MANE, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS, HEAR THE PARTIES AND MODIFY THE JUDGMENT AND AWARD DATED 14.11.2024 PASSED IN MVC NO.979/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ALLOWING THIS APPEAL WITH COST, IN THE ENDS OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE M.I.ARUN AND HON'BLE MR. JUSTICE B. MURALIDHARA PAI HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.I.ARUN)

1. Aggrieved by the judgment and award dated 14^th November 2024 passed in MVC No.979 of 2022 by the Addl. Senior Civil Judge and Addl. MACT, Ranebennur (for short, “the Tribunal”), the second respondent - Insurance Company therein has preferred an appeal in MFA No.100951 of 2025 and the claimants therein have preferred an appeal in MFA No.104093 of 2025.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. On 27.03.2022, the deceased, Smt. Geeta was traveling with fellow artists in a car bearing registration No.KA- 28/P-2631. At about 03:50 p.m., near Kakol Village on Ranebennur bypass road, the driver of the car drove the same in a rash and negligent manner and dashed a