IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14^TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 100566 OF 2016 (MV-D)

BETWEEN THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, IST FLOOR SLV TOWERS, 4^TH MAIN ROAD, PARVATHINAGAR BALLARI REPRESENTED BY ITS AUTHORISED SIGNATORY RELIANCE GENERAL INSURANCE COMPANY LIMITED, EAST WING 5^TH FLOOR

28 CENTENARY BUILDING M.G. ROAD, BENGALURU.

...APPELLANT (BY SRI. G.N. RAICHUR, ADVOCATE)

AND BHARATHI H M

1. SMT. SHARADAMMA W/O. LATE DEVENDRAGOUDA, Digitally signed by BHARATHI H M AGE: 30 YEARS, OCC: HOUSEHOLD, Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH R/O: RAMDURGA, DHARWAD TQ: GANGAVATHI, DIST: KOPPAL.

2. GAVISIDDANAGOUDA S/O. LATE DEVENDRAGOUDA, AGE: 12 YEARS, OCC: NOT MENTIONED, R/O: RAMDURGA, TQ: GANGAVATHI, DIST: KOPPAL.

3. KUMARI KAVERI D/O. LATE DEVENDRAGOUDA, AGE: 10 YEARS, OCC: NOT MENTIONED, R/O: RAMDURGA, TQ: GANGAVATHI, DIST: KOPPAL.

4. HANUMANAGOUDA S/O. LATE DEVENDRAGOUDA, AGE: 6 YEARS, OCC: NOT MENTIONED, R/O: RAMDURGA, TQ: GANGAVATHI, DIST: KOPPAL, PETITIONER NO.2 TO 4 ARE MINORS AND STUDENTS THEIR NATURAL GUARDIAN AND MOTHER I.E. PETITIONER NO.1.

5 . SMT. DEVAMMA W/O. LATE HANUMANAGOUDA, AGE: 57 YEARS, OCC: HOUSEHOLD, R/O: RAMDURGA, TQ: GANGAVATHI, DIST: KOPPAL. 6. MAHESH S/O. VENKOBAPPA @ YANKAPPA, AGE: 23 YEARS, OCC: DRIVER OF TRACTOR BEARING REGN NO.KA-37TA-5450 &

TRALLY NO.KA-37/411 R/O. CHIKKA MADINAL TQ: GANGAVATHI, DIST: KOPPAL.

7. VENKATESH MELSAKARI S/O. EARAPPA @ VEERAPPA, AGE: 43 YEARS, OCC: OWNER OF TRACTOR BEARING REGN NO.KA-37/TA-5450, R/O: CHIKKA MADINAL, TQ: GANGAVATHI, DIST: KOPPAL.

8. SMT. RENUKA W/O. CHANDRANATH AGE: NOT MENTIONED, OCC: OWNER OF TRALLY BEARING REGN KA-37/411, R/O: KAMPASAGAR VILLAGE, POST: HITNAL, TQ & DIST: BALLARI. 9. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., ISLAMPUR CBS CIRCLE, GANGAVATHI.

…RESPONDENTS (BY SRI. VIDYASHANKAR G. DALWAI &

SMT. VEENA HEGDE, ADVOCATES FOR R1-R5;

(R2-R4 ARE MINORS REPRESENTED BY R1)

SRI. NAGARAJ J. APPANNANAVAR, ADVOCATE FOR SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R6 & R7;

SRI. M.B. GUNDAWADE, ADVOCATE FOR R8;

SRI. S.S. JOSHI, ADVOCATE FOR R9)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT PRAYING TO CALL FOR THE RECORDS AND HEAR THE PARTIES AND SET ASIDE THE JUDGMENT AND AWARD DATED 31.10.2014 PASSED BEFORE THE COURT OF THE SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL AT GANGAVATHI MVC NO.100/2014 BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.01.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CAV JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

This is the appeal filed by respondent No.4 in M.V.C.No.100/2014 under Section 173(1) of the Motor Vehicles Act, 1988, (in short, ‘M.V. Act’) praying for setting aside the judgment and award dated 31.10.2015 passed against respondent No.4 in M.V.C.No.100/2014 on the file of the learned Senior Civil Judge and M.A.C.T. at Gangavathi (in short, ‘the Tribunal’).

2. Parties would be referred with their ranks as they were before the Tribunal for sake of convenience and clarity. 3. The claimants have filed claim petition under Section

166 of M.V. Act claiming for compensation in respect of the death of husband of petitioner No.1-Devendragouda, who sustained accident in the road traffic accident that had taken place on 23.03.2013 at about 02.30 p.m. involving motorcycle bearing registration No.KA-37/Q-1822 and tractor and trailer bearing No.KA-37/TA-5450 – KA-37/411.

4. It is the contention of claimants that when deceased was proceeding in his motorcycle from Chikka Madinal on left side of Chikka Madinal-Hudejali public road, the tractor and trailer bearing No.KA-37/TA-5450 – KA-37/411 being driven by its driver rashly and negligently and the power poles loaded in the trailer touched the motorcycle and caused the accident. Due to the acciden