Karnataka High Court
Veeresh S/O Shankarappa Jivanagi vs Muttanna Nirunnappa Biradar on 5 November, 2025
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NC: 2025:KHC-D:15107
MFA No. 101408 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
M.F.A. NO. 101408 OF 2014 (MV-I)
BETWEEN:
1. VEERESH S/O. SHANKARAPPA JIVANAGI,
SINCE DECEASED REPRESENTED BY HIS LRS.
1A. SHANKRAPPA S/O. SANGAPPA JIVANAGI,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O. GUGGARI PETH, NEAR VENKATESH TEMPLE,
GULEDAGUDDA, TQ. BADAMI, DIST. BAGALKOT.
1B. SHANTABAI W/O. SHANKRAPPA JIVANAGI,
AGE: 52 YEARS, OCC: HOUSEWIFE,
R/O. GUGGARI PETH, NEAR VENKATESH TEMPLE,
GULEDAGUDDA, TQ. BADAMI, DIST. BAGALKOT.
...APPELLANTS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
Digitally
signed by V N
BADIGER AND:
Location:
HIGH COURT
OF
KARNATAKA,
DHARWAD
1. MUTTANNA NIRUNNAPPA BIRADAR,
BENCH
AGE: 44 YEARS, OCC: OWNER OF VEHICLE,
R/O. NEAR BASAV TEMPLE, AT: POST MINAJAGI,
TQ: MUDDEBIHAL, DIST: BIJAPUR.
2. SRIRAM GENERAL INSURANCE COMPANY LTD.,
REPRESENTED BY DIVISIONAL MANAGER,
S/5, II FLOOR, MONARK CHAMBER,
INFANTRY ROAD, BANGALORE-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
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NC: 2025:KHC-D:15107
MFA No. 101408 of 2014
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 05.10.2013,
PASSED BY THE MEMBER OF MACT NO.IV BAGALKOT AT:
BAGALKOT IN MVC NO.680/2010 AND SUITABLY MODIFY/
ENHANCE THE SAME, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS MISCELLANEOUS FIRST APPEAL, HAVING BEEN
HEARD AND RESERVED ON 23.10.2025, COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)
This appeal is listed for hearing on admission. With the
consent of learned counsels appearing for Appellant and
Respondent No.2, this appeal is taken up for final disposal.
2. The Claimant in MVC No.680/2010 on the file of the
learned MACT No-IV, Bagalkot (for short, 'the tribunal') has
preferred this appeal praying to modify the impugned judgment
and award dated 05.10.2013 passed therein and to enhance the
compensation to the amount as prayed in the claim petition.
3. This appeal has been filed on 02.06.2014. The
Claimant namely Shri Veeresh committed suicide on 22.04.2015
i.e., during pendency of the appeal. His death was brought to the
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notice of this Court and his legal representatives i.e., the parents
came on record to prosecute the appeal as per Order dated
31.01.2017.
4. Admittedly, the Claimant had maintained the petition
in MVC No.680/2010 praying for compensation for the personal
injuries sustained in a road traffic accident occurred on
18.01.2010. The said petition came to be allowed in part vide
judgment and award dated 05.10.2013 holding that he is entitled
for compensation of Rs.4,12,136/- together with interest thereon
at the rate of 6% per annum from the date of petition till its
realization. It is also admitted that during pendency of this
appeal the Claimant committed suicide on 22.04.2015.
5. The legal representatives of the original Claimant/
the Appellant have maintained an application before this Court
i.e., I.A.No.4/2017 under Order XLI Rule 27 of CPC praying for
permission to produce additional documents i.e., true copies of
complaint dated 22.04.2015, the police report under Section 174
of Cr.P.C., the requisition to conduct the post mortem and the
post mortem report dated 23.04.2015 on the ground that these
documents would go to show nexus between accidental injuries
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and the death of the claimant. They have contended that their
son namely Shri Veeresh, the Claimant committed suicide on
22.04.2015 due to intolerable pain on account of the injuries
sustained in the road traffic accident occurred on 18.01.2010 and
that production of these documents is necessary so as to prove
the nexus between accidental injuries and his death.
6. Learned Counsel for Respondent No.2 has disputed
the above contention of the legal representatives of the original
Claimant and submitted that there is no nexus between the
accident injuries and the death of the original Claimant, who
committed suicide.
7. Undisputedly, the Claimant died on 22.04.2015 by
committing suicide. It is the case of the legal representatives of
original Claimant that he was depressed and mentally disturbed
on account of injuries sustained in the accident. They have also
contended that the Claimant could not bear the pain on account
of the injuries sustained in the accident, which driven him to
commit suicide. The correctness or otherwise of the above
contention can be gone into only after giving an opportunity to
both side to place their version/contention and an opportunity of
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adducing additional evidence, if any, in this regard. Further, if at
all the legal representatives of the Claimant succeed in proving
their contention it may require to re-determine the quantum of
compensation in the changed circumstances. In view of the
same, this Court opines that it would be proper to remand the
matter to concerned tribunal for consider of the contentions of
the legal representatives of the Claimant and to decide the
matter afresh after giving sufficient opportunity of hearing to
both side and in accordance with law.
8. In the result, this Court proceeds to pass the
following :
ORDER
(i) Appeal is allowed and consequently impugned
judgment and award dated 05.10.2013 passed
in MVC No.680/2010 by learned MACT-IV,
Bagalkot is set aside.
(ii) The matter is remanded to the tribunal for
fresh disposal in the light of the contention of
the legal representatives of the Claimant
regarding nexus between accidental injuries
and the death of the Claimant, after giving
sufficient opportunity of hearing to both side.
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HC-KAR
(iii) In the event of the legal representatives of the
Claimant failing to prove the nexus between
the accidental injuries and the death of the
Claimant, the earlier determination of the
compensation for personal injuries of the
Claimant by the tribunal shall hold good for
the purpose of fresh disposal of the claim
petition.
(iv) I.A.No.4/2017 filed under Order LXI Rule 27 of
CPC is allowed. The registry is directed to
send trial court record to concerned tribunal
along with I.A.No.4/2017 and the documents
filed along with it.
(v) The parties are directed to appear before
concerned tribunal on 10.12.2025 at 11.00
a.m., for taking up further proceeding.
Sd/-
(B. MURALIDHARA PAI)
JUDGE
CKK /CT-AN
