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NC: 2026:KHC-D:6016

MFA No. 103165 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 24^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

MISCELLANEOUS FIRST APPEAL NO.103165 OF 2016 (MV)

BETWEEN:

1. SMT.SHARADA W/O KALLAPPA BHOVI,

AGE: 31 YEARS, OCC: HOUSEWIFE,

2. SAMARTH KALLAPPA BOVI,

AGE: 6 1/2 YEARS, MINOR,

3. SUMANTH KALLAPPA BOVI,

AGE: 4 1/2 YEARS, MINOR,

(APPELLANT NO.2 AND 3 ARE MINORS THEY ARE

REPRESENTED BY THEIR NATURAL MOTHER

APPELLANT NO.1.)

ALL ARE R/O: SIDDAPUR AT BASAVANA GALLI,

SORABA ROAD, NEAR KATAVKAR RESIDENCE,

SIDDAPUR-581355, U.K. DISTRICT.

…APPELLANT

(BY SRI DEVARAJ HOLAGUNDI, ADVOCATE FOR

CHANDRASHEKAR

LAXMAN

KATTIMANI SRI MM PATIL, ADVOCATE)

DCKLKD+oA aHi a0g crtT 5Ai enat 3TN :taa 0Ii 2tl oMD a0y nR kA 2:s a AN 6Hi ,gS .I D0inH g 4he hE .d a2 K Cr 9b wA o y 1uR a5rd tL : 3 BA o 5efX :n2M c9hAN

AND:

1. NAGRAJ S/O GUTYA MADIVAL,

AGE: MAJOR, OCC: DRIVER,

R/O. HEGGODMANE,

AT AND PO: SIDDAPUR-581355.

2. MANJUNATH S/O DYAVA NAIK,

AGE: MAJOR, OCC: OWNER,

R/O: MUNDASAR, PO: BIDRAKAN,

TQ: SIDDAPUR-581355.

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NC: 2026:KHC-D:6016

MFA No. 103165 of 2016

HC-KAR

3. NATIONAL INSURANCE CO. LTD.,

1^ST FLOOR, S.S. COMPLEX, HONNAVAR ROAD,

SHIVAMOGGA-577201,

REP. BY ITS BRANCH MANAGER,

BRANCH AT 1628 KAIKINI ROAD, KARWAR.

4. SMT.PARASAMMA ISHWARAPPA BOVI

AGE: 62 YEARS, OCC: HOUSEHOLD,

R/O: SIDDAPUR AT BASAVANAGALLI,

SORABA ROAD, NEAR KATAVKAR

RESIDENCE N.K. DISTRICT,

SIDDAPUR-581355, PERMANENT RESIDENT

AT: HALE-JOLADGUDDA CHANDRAGUTTI.

…RESPONDENTS

(BY SRI SK KAYAKAMATH, ADVOCATE FOR R3;

NOTICE TO R1 AND R2 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR

VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND

AWARD DATED 28.09.2015 PASSED BY THE 1^ST ADDITIONAL

DISTRICT AND SESSIONS JUDGE, KARWAR SITTING AT SIRSI IN

MVC NO.29/2014 DIRECTING THE 3^RD RESPONDENT INSURANCE

COMPANY TO PAY THE COMPENSATION AND RECOVER THE

SAME FROM THE RESPONDENT NO.1 AND 2 IN THE INTEREST

OF JUSTICE AND EQUITY.

THIS MFA COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

ORAL JUDGMENT

Challenging judgment and award dated 28.09.2015 passed

by I Addl. District and Sessions Judge, Karwar, sitting at Sirsi

('Tribunal' for short), in MVC no.29/2014, this appeal is filed.

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NC: 2026:KHC-D:6016

MFA No. 103165 of 2016

HC-KAR

2. Sri Devraj Holagundi, learned counsel appearing for

Sri M.M. Patil, Advocate for appellants submitted that appeal was

by claimants challenging finding of tribunal dismissing claim

petition against insurer as well as for enhancement. It was

submitted at 6:30 p.m. on 31.03.2013, Kallappa was travelling

in Luggage Auto no.KA-31/4290 proceeding on Siddapur -

Heggarni road. Near Mundusar cross, it met with an accident on

account of rash and negligent driving by its driver, Kallappa

sustained severe injuries and died during treatment. Alleging loss

of dependency on account of untimely death, his wife, two sons

and mother filed claim petition under Section 166 of Motor

Vehicles Act, 1988 (‘MV Act’, for short) against driver, owner

and insurer of Auto.

3. On contest, where claim petition was opposed on all

grounds denying age, occupation, income as well as negligence

of violation of terms and conditions of policy, Tribunal framed

issues and recorded evidence.

4. Claimant no.1 along with another deposed as PWs.1

and 2 and got marked Exs.P1 to P22. Three witnesses were

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NC: 2026:KHC-D:6016

MFA No. 103165 of 2016

HC-KAR

examined by respondents as RWs.1 to 3 and got marked Exs.R1

to R6.

5. On consideration, Tribunal held accident had occurred

due to rash and negligent driving of Auto by its driver, leading to

death of Kallappa and claimants being entitled for compensation.

Though Kallappa was stated to be 35 years of age, working as

broker, milk vendor and agriculturist and earning Rs.15,000/-

per month, Tribunal took his monthly income at only Rs.6,000/-

and awarded inadequate compensation. It also failed to add

future prospects and erroneously deducted 1/3^rd to