IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO.105863 OF 2024 (MV-I)

BETWEEN:

NINGANGOUDA S/O. NISSIMAGOUDA CHANNAMMANAVAR, AGE. 33 YEARS, OCC. AGRICULTURE AND MILK VENDOR, R/O. KALVE KALLAPUR, TQ. HANGAL, DIST. HAVERI-581101.

…APPELLANT (BY SRI. HARISH S.MAIGUR, ADVOCATE)

AND:

1. BASAVARAJ S/O. CHANABASAPPA BYADAGI, AGE. 37 YEARS, OCC. OWNER OF AUTO BEARING NO.KA-27/B-5819, R/O. SHANKRIKOPPA, TQ. HANGAL, DIST. HAVERI-581104.

2. THE DIVISIONAL MANAGER, CHOLAMANDALA INSURANCE COMPANY LTD., Digitally signed by KALABURGI SQUARE, DESAI CROSS, MOHANKUMAR DESHANDE NAGAR, HUBBALLI-580020.

B SHELAR …RESPONDENTS Location: HIGH (BY SRI. R.R. MANE, ADVOCATE FOR R2;

COURT OF KARNATAKA NOTICE TO R1 IS SERVED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION

173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION AND SET ASIDE THE LIABILITY FIXED ON THE OWNER OF THE VEHICLE AND RESPONDENT NO.2 BE HELD LIABLE TO PAY THE COMPENSATION, BY MODIFYING THE JUDGMENT AND AWARD DATED 20.09.2024 PASSED IN MVC NO.301/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL