Veeresh S/O Shankarappa Jivanagi Vs Muttanna Nirunnappa Biradar

1A. SHANKRAPPA S/O. SANGAPPA JIVANAGI, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. GUGGARI PETH, NEAR VENKATESH TEMPLE, GULEDAGUDDA, TQ. BADAMI, DIST. BAGALKOT.

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1B. SHANTABAI W/O. SHANKRAPPA JIVANAGI, AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. GUGGARI PETH, NEAR VENKATESH TEMPLE, GULEDAGUDDA, TQ. BADAMI, DIST. BAGALKOT.

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…APPELLANTS

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(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)

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Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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AND:

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MUTTANNA NIRUNNAPPA BIRADAR, AGE: 44 YEARS, OCC: OWNER OF VEHICLE, R/O. NEAR BASAV TEMPLE, AT: POST MINAJAGI, TQ: MUDDEBIHAL, DIST: BIJAPUR.

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SRIRAM GENERAL INSURANCE COMPANY LTD., REPRESENTED BY DIVISIONAL MANAGER, S/5, II FLOOR, MONARK CHAMBER, INFANTRY ROAD, BANGALORE-560001.

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…RESPONDENTS

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(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

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2 - NC: 2025:KHC-D:15107 MFA No. 101408 of 2014

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HC-KAR

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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.

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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:

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CAV JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

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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.

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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.

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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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3 - NC: 2025:KHC-D:15107 MFA No. 101408 of 2014

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HC-KAR

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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.

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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.

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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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4 -

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NC: 2025:KHC-D:15107 MFA No. 101408 of 2014

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HC-KAR

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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.

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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.

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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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5 - NC: 2025:KHC-D:15107 MFA No. 101408 of 2014

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HC-KAR

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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.

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In the result, this Court proceeds to pass the

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following :

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ORDER

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(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.

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(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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NC: 2025:KHC-D:15107 MFA No. 101408 of 2014

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HC-KAR

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(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.

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(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.

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(v) The parties are directed to appear before concerned tribunal on 10.12.2025 at 11.00 a.m., for taking up further proceeding.

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Sd/JUDGE

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(B. MURALIDHARA PAI)

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CKK /CT-AN List No.: 1 Sl No.: 2

Veeresh S/O Shankarappa Jivanagi v. Muttanna Nirunnappa Biradar

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Veeresh S/O Shankarappa Jivanagi v. Muttanna Nirunnappa Biradar

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