SACHIN YALLAPPA USULKAR Vs. VIJAYATA

JUDGEMENT

(1.) Leave Granted.

(2.) The Appeal is arising out of the common impugned judgment and final order dtd. 25/5/2022 in M.F.A. No. 101253 of 2019 (MV-D) filed by Respondent Nos. 1-2/Claimants seeking enhancement of compensation and M.F.A. No. 101435 of 2019 (MV-D) filed by the Appellants/Owner of Vehicle. The High Court of Karnataka, Bench at Dharwad (hereinafter "High Court"), partly allowed the appeal filed by Respondent Nos. 1-2/Claimants and dismissed the appeal filed by Appellants/Owner.

(3.) The facts relevant for the disposal of the present case are that on 13/1/2016, deceased Vijay Jumnalkar, husband of the 1st claimant, father of the 2nd claimant and son of the 3rd claimant along with his friend Shri Ravi s/o Vasanath Gurav had been to Vijaya Nagar, Belagavi to meet one of his acquaintances and when both of them reached the road near Atawadkar Layout, Vijaya Nagar, offending Bolero vehicle bearing registration No. KA-22-P-1449 (hereinafter "Vehicle") being driven by its driver in a rash and negligent manner and in high speed came from Sainandan Residency towards Atawadkar layout and dashed against the deceased. The deceased was dragged to some distance and on account of the said impact, he died on the spot. Subsequently, an FIR was lodged by Shri Ravi/complainant, who stated that Appellant No. 2/Minor was driving the offending Vehicle. The aforesaid FIR was challenged by the owner of the offending Vehicle in a Criminal Petition, but the same was dismissed by the High Court.