IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^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. 100918/2017 (MV)

C/W MISCELLANEOUS FIRST APPEAL NO.100990/2017 (MV)

IN MFA NO.100918 OF 2017:

BETWEEN NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI, NOW REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY, REGIONAL OFFICE, HUBBALLI.

- APPELLANT (BY SRI RAJASHEKHAR S. ARANI, ADVOCATE)

AND:

1. SMT. URMILA DEVI W/O. RAM EKBAL PRASAD, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O: BACHI, TQ. AND DIST: BELAGAVI-590 001.

Digitally signed by V N BADIGER 2. KUMAR MONUKUMAR S/O. RAM EKBAL PRASAD, L C o O c U at R io T n O : F HIGH AGE: 21 YEARS, OCC: STUDENT, R/O: BACHI, KARNATAKA DHARWAD BENCH Date: 2026.03.02 TQ. AND DIST: BELAGAVI-590 001.

16:01:43 +0530

3. SHRI. DADU S/O. LAXMAN SANGLE, AGE: MAJOR, OCC: BUSINESS, R/O: BARSU, GIRMADEVI KOND, TQ: RAJAPUR, DIST: RATNAGIRI, STATE: MAHARASTRA-416 702.

- RESPONDENTS (BY SRI UMESH C, AINAPUR, ADVOCATE FOR SMT. SUSHMA U. AINAPUR, ADVOCATE FOR R1 AND R2;

NOTICE ISSUED TO R3 IS SERVED AND UNREPRESENTED)

THIS M.F.A. IS FILED U/S 173(1) OF M.V. ACT, PRAYING FOR SETTING ASIDE THE JUDGMENT AND AWARD DATED 18.01.2017 PASSED IN M.V.C. NO.1411/2016 ON THE FILE OF THE XI-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, AMACT & ETC.

IN MFA NO.100990 OF 2017:

BETWEEN

1. SMT. URMILA DEVI W/O RAM EKBAL, AGE: 41 YEARS, OCC: HOUSEHOLD, 2. KUMAR MONUKUMAR S/O RAM EKBAL, AGE: 21 YEARS, OCC: STUDENT, BOTH R/O: BACHI, TAL. AND DIST: BELAGAVI-590 001.

- APPELLANTS (BY SRI UMESH C. AINAPUR, ADVOCATE)

AND:

1. SHRI DADU S/O. LAXMAN SANGLE, AGE: MAJOR, OCC: BUSINESS, R/O. BARSU GIRMADEVI ROAD, TAL: RAJAPUR, DIST: RATNAGIRI, STATE: MAHARASHTRA-416 702.

2. THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI-590 001, REPRESENTED BY ITS DIVISIONAL MANAGER.

-

- RESPONDENTS -

(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R2;

NOTICE ISSUED TO R1 IS SERVED BUT UNREPRESENTED)

THIS M.F.A. IS FILED U/S 173(1) OF M.V. ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 18.01.2017 PASSED IN MVC NO.1411/2016 ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND AMACT, BELAGAVI & ETC.

THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 04.02.2026 COMING ON PRONOUNCEMENT ON THIS DAY, B. MURALIDHARA PAI J., DELIVERED THE FOLLOWING:

CORAM: THE HON’BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

CAV JUDGMENT

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

The New India Assurance Company Limited, the Respondent No. 2 in MVC No.1411/2016 on the file of learned XI Additional District & Sessions Judge & ADDL. MACT, Belagavi, (in short, ‘the Tribunal’) has preferred the appeal in MFA No. 100918/2017 praying to set aside the judgment and award dated 18.01.2017 passed therein being aggrieved by the finding of the Tribunal that the driver of the offending vehicle was solely responsible for the accident and that the compensation awarded by the Tribunal is on higher side.

2. The claimants in MVC No.1411/2016 have maintained the appeal in MFA No.100990/2017 praying to enhance the compensation on the ground that the compensation awarded by the Tribunal is on lower side and it is not just and reasonable compensation.

3. Parties to these proceedings are referred with their original ranking before the Tribunal.

4. Sri Rajashekar S. Arani, learned Counsel for Respondent No.2 has vehemently submitted that the accident in question occurred solely due to the fault of the deceased in recklessly crossing the highway without observing movement of the vehicles on the road and in spite of the same, the Tribunal has not taken note of contributory negligence on the part of the deceased while determining the compensation. He further submitted that the deceased was not on permanent or fixed income but the Tribunal has taken 50% of the income towards future prospects while computing loss of dependency. Thus he contended that the