IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI MISCELLANEOUS FIRST APPEAL NO. 100068 OF 2014 (MV)

BETWEEN:

NATIONAL INSURANCE CO. LTD., B.O. NIPANI THROUGH ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAMDEV GALLI, BELGAUM, HEREIN REPRESENTED BY NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2^ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR, HUBLI-580 023.

REPRESENTED BY ITS AUTHORIZED SIGNATORY.

…APPELLANT (BY SRI RR MANE, ADVOCATE)

AND:

1. SMT. MANGALA CHANDRASHEKAR LAXMAN KATTIMANI W/O BHIMAPPA KHOT, DCLAHig XAit MNal ADy NR s AK igSA nHT eET dKI M bAy ARNI AGE: 38 YEARS, OCC: HOUSEHOLD, LKD+ oaa0 crt1ena 0: ta 0 i 2toa0 nk2 :a 6 H, .D0 ig 4hh .a0 Cr9wo 0 ua8 rdt : 1 Bo 1ef :n5c4h R/O: TEVARATTI, TAL: ATHANI, DIST: BELGAUM.

2. KUMAR BASAVARAJ S/O BHIMAPPA KHOT, AGE: 21 YEARS, OCC: STUDENT, R/O: TEVARATTI, TAL: ATHANI, DIST: BELGAUM.

3. KUMAR KIRAN S/O BHIMAPPA KHOT, AGE: 19 YEARS, OCC: STUDENT, R/O: TEVARATTI, TAL: ATHANI, DIST: BELGAUM.

4. SMT. SHANTA W/O MARUTI KHOT, AGE: 64 YEARS, OCC: HOUSEHOLD, R/O: TEVARATTI, TAL: ATHANI, DIST: BELGAUM.

5. SHRI MARUTI PARASAPPA KHOT, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: TEVARATTI, TAL: ATHANI, DIST: BELGAUM.

6. SHRI MOHAN BABU KAMBLE, AGE: MAJOR, OCC: BUSINESS, R/O: ABBIHAL, TAL: ATHANI, DIST: BELGAUM.

(OWNER OF JEEP NO.KA-23/M-2428)

…RESPONDENTS (BY SRI K. ANANDKUMAR, ADVOCATE FOR C/R1, R2 AND R3;

SRI RAM P. GHORPADE, ADVOCATE FOR R6;

NOTICE TO R4 AND R5- SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 07.09.2013 PASSED BY THE COURT OF 5^TH ADDITIONAL DISTRICT JUDGE AND 6^TH ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, BELGAUM IN MVC NO.1897/2011 AND TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 11.03.2026 AND COMING FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

CAV JUDGMENT

Challenging judgment and award dated 07.09.2013 passed by V Additional District Judge and VI Additional MACT, Belagavi, (‘Tribunal’, for short) in MVC no.1897/2011, this appeal is filed.

2. Sri RR Mane, learned counsel for appellant submitted, appeal was by insurer challenging award mainly on liability. It was submitted, as per claimants, at 5:00 p.m., on 18.05.2011, when Bheemappa Maruti Khot was travelling in Jeep no.KA-23/M-2428 from Athani, towards Teravatti, its driver was driving it in rash and negligent manner due to which, he lost control and it toppled down, leading to death of Bheemappa. Alleging loss of dependency, his wife and children filed claim petition under Section 166 of Motor Vehicles Act, 1988 (‘MV Act for short) against owner and insurer of insured vehicle and arraying parents of deceased as respondents.

3. After service of notice, only insurer appeared and contested claim. Apart from denying age, occupation, income of deceased, even occurrence of accident due to rash and negligent driving of insured vehicle by its driver was also denied. It was contended, liability of insurer was subject to insured confirming to terms and conditions of policy and establishing driver of insured vehicle had valid and effective driving licence as on date of accident etc.

4. Based on pleadings, Tribunal framed following:

ISSUES

1. Whether the petitioners proves that one Bhimmappa Maruti Khot died due to rash and negligent driving of the driver of the jeep bearing No.KA-23/M-2428 as alleged in the petition?

2. Whether the petitioners are entitled for compensation? If so what amount and from whom?

3. What Order or Award?

5. Claimant no.1 deposed as PW.1 and got marked Exs.P1 to P7. Insurer did not lead oral evidence but got marked copy of insurance policy as Ex.R1 with consent.

6. On consideration, Tribunal answered