Laxmibai W/O Maanmath And Ors vs Vijaylaxmi W/O Shivraj Biradar And Anr
2025 Latest Caselaw 3348 Kant

Citation : 2025 Latest Caselaw 3348 Kant
Judgement Date : 13 August, 2025

Karnataka High Court

Laxmibai W/O Maanmath And Ors vs Vijaylaxmi W/O Shivraj Biradar And Anr on 13 August, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                               MFA No. 200086 of 2023


             HC-KAR




                         IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                      DATED THIS THE 13TH DAY OF AUGUST, 2025

                                     PRESENT
                       THE HON'BLE MR. JUSTICE H.P.SANDESH
                                        AND
                         THE HON'BLE MR. JUSTICE T.M.NADAF

                  MISCL. FIRST APPEAL NO. 200086 OF 2023 (MV-D)
             BETWEEN:

             1.   SMT. LAXMIBAI W/O. MANMATH,
                  AGED ABOUT 78 YEARS,
                  OCC: HOUSEHOLD,
                  R/O. DIGGI VILLAGE, TQ. AURAD,
                  NOW RESIDING AT
                  RAGHAVENDRA COLONY,
                  NAUBAD, BIDAR-585401.

             2.   MANMAT S/O. AMRUTHRAO,
Digitally         AGED ABOUT 83 YEARS, OCC : NIL,
signed by
SACHIN
                  R/O. DIGGI VILLAGE, TQ. AURAD,
Location:         NOW RESIDING AT
HIGH COURT        RAGHAVENDRA COLONY,
OF
KARNATAKA         NAUBAD, BIDAR-585401.

             3.   RATNAMMA
                  W/O. LATE MALSHETTY,
                  AGED ABOUT 83 YEARS, OCC : NIL,
                  R/O. DIGGI VILLAGE, TQ. AURAD,
                  NOW RESIDING AT RAGHAVENDRA COLONY,
                  NAUBAD, BIDAR-585401.
                                                            ...APPELLANTS

             (BY SRI. BASAVARAJ R. MATH, ADV. FOR
                 SMT. VEERANI V. NANDHI, ADV.)
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                                  MFA No. 200086 of 2023


HC-KAR




AND:

1.   SMT. VIJAYLAXMI
     W/O. SHIVRAJ BIRADAR,
     AGE MAJOR, OCC. HOUSEHOLD,
     R/O. DIGGI VILLAGE, TQ. AURAD,
     DIST. BIDAR-585401.

2.   THE BRANCH MANAGER,
     UNITED INDIA INSURANCE COMPANY LTD.,
     BRANCH OFFICE, DOOR NO.8-10268 TO 273,
     1ST FLOOR, BEHIND GANESH MAIDAN,
     STADIUM ROAD, BIDAR,
     DIST. BIDAR-585401.
                                         ...RESPONDENTS

(BY SRI.MANVENDRA REDDY, ADV. FOR R2; R1 IS SERVED)

       THIS MFA IS FILED U/S. 173(1) OF MV ACT, 1988,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 30.06.2022 PASSED BY THE COURT OF PRL.
SENIOR CIVIL JUDGE AND CJM AND ADDL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BIDAR AND CONSEQUENTLY ALLOW THE
PRESENT APPEAL THEREBY ENHANCE THE COMPENSATION
CLAIMED IN THE PRESENT APPEAL, IN THE INTEREST OF
JUSTICE AND EQUITY.


       THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM:    HON'BLE MR. JUSTICE H.P.SANDESH
          AND
          HON'BLE MR. JUSTICE T.M.NADAF
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                                        MFA No. 200086 of 2023


    HC-KAR




                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

Heard the learned counsel for the appellants and also

counsel appearing for respondents.

2. This appeal is filed challenging the order of

dismissal of claim petition only on the ground that the

claimants are not entitled for compensation by answering

Issue No.3 as they are not dependant.

3. Learned counsel appearing for the appellants in

support of his arguments relied upon the judgment of the

Hon'ble Apex Court in the case of N.Jayasree and others

vs. Cholamandalam MS General Insurance Company

Limited1 vide order dated 25.10.2025 in Civil Appeal

No.6451/2021.

4. The counsel appearing for the respondents also

does not dispute the aforesaid decision.

(2022) 14 SCC 712

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HC-KAR

5. Having considered the grounds which have

been urged in the appeal memo and in view of the

principles laid down in aforesaid decision, the matter

requires reconsideration. Issue No.3 answered by the

Tribunal is erroneous as the matter requires

reconsideration afresh within the parameters of the

decision of the Hon'ble Apex Court in N.Jayasree's case

(supra) for deciding the quantum of compensation and

also with regard to dependency is concerned.

6. Considering the material on record, the Tribunal

is directed to consider the matter afresh taking note of the

principles laid down by the Hon'ble Apex Court in

N.Jayasree's case (supra) referred by the counsel for the

appellant.

7. For the foregoing reasons, we proceed to pass

the following :

ORDER

i) Appeal is allowed.

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HC-KAR

ii) The order dated 30.06.2022 passed in MVC No.181/2019 by the Court of the Principal Senior Civil Judge and CJM and Addl. MACT, Bidar is set-aside.

iii) Matter is referred back to the Tribunal for fresh consideration in view of the observations made above.

iv) The parties are directed to appear before the Tribunal on 01.09.2025 without expecting any notice from the Tribunal.

v) The claim petition was filed in the year 2019 and already six years have been elapsed, hence, Tribunal is directed to dispose of the same within a period of three months from 1st September, 2025 after giving an opportunity to both the parties.

vi) All contentions are kept open regarding merits.

Sd/-

(H.P.SANDESH) JUDGE

Sd/-

(T.M.NADAF) JUDGE SN/List No.: 1 Sl No.: 18/ CT:JLR