Karnataka High Court
Laxman And Ors vs Mahendra Goud K And Anr on 26 November, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No. 204307 of 2023
C/W MFA.CROB No. 200039 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAK
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO. 204307 OF 2023 (MV-D)
C/W
MFA CROSS OBJ NO. 200039 OF 2024
IN M.F.A.NO.204307/2023
BETWEEN:
THE LEGAL MANAGER,
THE CHOLAMANDALAM MS
GENERAL INSURANCE CO. LTD.,
1ST FLOOR, KALBURGI SQUARE,
DESAI CROSS, DESHPANDE NAGAR,
HUBBALLI,
Digitally signed by
BASALINGAPPA THROUGH ITS MANAGER, KALABURAGI.
SHIVARAJ
DHUTTARGAON ...APPELLANT
Location: HIGH COURT
OF KARNATAKA
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE)
AND:
1. LAXMAN
S/O BHIMARAYA,
AGE ABOUT 46 YEARS,
OCC: COOLIE,
2. LALITA W/O LAXMAN,
AGE ABOUT 41 YEARS,
OCC: HOUSEHOLD,
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MFA No. 204307 of 2023
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HC-KAR
3. BHAGIRATHI
D/O LAXMAN,
AGE ABOUT 16 YEARS,
OCC: STUDENT,
4. GANESH
S/O LAXMAN,
AGE ABOUT 13 YEARS,
OCC: STUDENT,
RESPONDENT NOS.3 AND 4 MINORS
U/G RESPONDENT NO.2,
ALL ARE R/O: HALACHERI VILLAGE,
TALUKA CHINCHOLI,
DISTRICT KALABURAGI - 585 307.
5. MAHENDRA GOUD K.
S/O RAM GOUD, AGE: MAJOR,
OCC: OWNER OF VEHICLE,
R/O: H.NO.3-28, POTHIREDDYPALLI,
CHOWRASTA, SANGAREDDY, SO,
MEDAK - 502 295.
...RESPONDENTS
(BY SRI SANJEEV KUMAR C. PATIL, ADV., FOR R1 & R2;
R3 & R4 MINORS U/G OF R2; NOTICE TO R5 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND
CONSEQUENTLY TO MODIFIED THE JUDGMENT AND AWARD
DATED 17.03.2023 PASSED BY THE COURT OF THE SENIOR
CIVIL JUDGE AND MACT AT CHINCHOLI IN MVC NO.920/2021
AND CONSEQUENTLY REDUCE THE COMPENSATION AWARDED
BY THE TRIBUNAL IN THE INTEREST OF JUSTICE AND EQUITY.
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MFA No. 204307 of 2023
C/W MFA.CROB No. 200039 of 2024
HC-KAR
MFA CROSS OBJ. NO.200039 OF 2024
BETWEEN:
1. LAXMAN S/O BHIMARAYA,
AGE ABOUT 48 YEARS,
OCC: COOLIE,
2. LALITA W/O LAXMAN,
AGED ABOUT 43 YEARS,
3. BHAGIRATHI D/O LAXMAN,
AGED ABOUT 18 YEARS,
4. GANESH S/O LAXMAN,
AGED ABOUT 15 YEARS,
OCC: STUDENT,
THE CROSS OBJECTOR NO.4 IS MINOR,
REPRESENTED BY MOTHER CROSS OB. NO.2,
ALL ARE R/O: HALACHERI VILLAGE,
TALUKA CHINCHOLI,
DISTRICT KALABURAGI.
...CROSS OBJECTORS
(BY SRI SANJEEV KUMAR C.PATIL, ADVOCATE)
AND:
1. MAHENDRA GOUD K. S/O RAM GOUD,
AGE: MAJOR, OCC: OWNER OF
M/C. NO.TS-15, ER-5945,
R/O: H.NO.3-28, POTHIREDDYPALLI,
(P.R. PALLY) CHOWRASTA,
SANGAREDDY, SO,
MEDAK - 502 295.
2. CHOLAMANDALAM MS
GENERAL INSURANCE CO. LTD.,
THROUGH ITS MANAGER,
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MFA No. 204307 of 2023
C/W MFA.CROB No. 200039 of 2024
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1ST FLOOR, KALBURGI SQUARE,
DESAI CROSS, DESHPANDE NAGAR,
HUBBALLI - 580 029.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADV., FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA CROSS OBJECTION IS FILED UNDER SECTION
41 RULE 22 OF CPC, PRAYING TO MODIFY THE JUDGMENT AND
AWARD 17.03.2023 PASSED BY THE COURT OF THE SENIOR
CIVIL JUDGE AND MACT AT CHINCHOLI IN MVC NO.920/2021,
BY ENHANCING THE COMPENSATION, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS MFA AND MFA CROSS OBJECTION COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) MFA No.204307/2023 is filed by the Insurance Company whereas MFA Cross Objection No.200039/2024 is filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act') being aggrieved by the judgment and award dated 17.03.2023 passed by the -5- NC: 2025:KHC-K:7217-DB MFA No. 204307 of 2023 C/W MFA.CROB No. 200039 of 2024 HC-KAR Senior Civil Judge and MACT, Chincholi (for short, 'the Tribunal') in MVC No.920/2021. Since the challenge is to the same judgment, both the appeals are heard together and common judgment is passed.
2. Facts giving rise to the filing of the appeals briefly stated are that on 02.05.2021 at about 7:00 PM, when the deceased Veeresh was proceeding towards Govindapura on his motorcycle bearing Reg.No.AP-10/AR- 4707, when he reached Hothi-B village near Bharath Gas Godown, one Glamour Motorcycle bearing Reg.No.TS- 15/ER-5945 came from opposite side in rash and negligent manner with high speed and hit to the motorcycle of the deceased. Due to the accident, he sustained grievous injuries and immediately, he was shifted to the Government General Hospital, Zaheerabad for first aid and thereafter, he was shifted to Hyderabad Hospital but he died on the way to the hospital at about 11:00 PM on the same day.
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3. The claimants filed a claim petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.
4. Upon service of notice, the respondent No.2 appeared through counsel and filed written statement denying the averments made in the claim petition. The respondent No.1, despite service of notice, did not appear before the Tribunal and was placed ex-parte.
5. On the basis of pleadings of the parties, the Claims Tribunal framed the issues and thereafter, recorded the evidence. The claimants, in order to prove the case, examined claimant No.1 as PW-1 and got exhibited documents namely Ex.P1 to Ex.P13. On behalf of respondents no oral or documentary evidence is produced. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the offending vehicle by its driver, as a result of which, the deceased sustained injuries and -7- NC: 2025:KHC-K:7217-DB MFA No. 204307 of 2023 C/W MFA.CROB No. 200039 of 2024 HC-KAR succumbed to the injuries. The Tribunal further held that the petitioner No.2 is entitled to a compensation of Rs.22,24,600/- along with interest at the rate of 6% p.a. and directed the respondent-Insurance Company to deposit the compensation amount along with interest. Being aggrieved, the Insurance Company has filed the appeal seeking reduction in compensation and claimants have filed the cross objection appeal seeking enhancement of compensation.
6. Learned counsel for the Insurance Company has raised the following contentions:
a) Firstly, at the time of accident, the deceased was aged about 19 years and he was a student. He was not an earning member of the family. The Tribunal considering the notional income of the deceased at Rs.14,250/- has assessed the loss of dependency, the same is on the higher side.-8-
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b) Secondly, since the claimants have failed to establish the income of the deceased, the Tribunal has erred in granting future prospects.
c) Lastly, he contended that considering the age of the deceased, the overall compensation awarded by the Tribunal is on the higher side and required to be reduced. Hence, he sought for allowing the appeal filed by the Insurance Company and dismissal of the cross objection filed by the claimants.
7. Learned counsel for the claimants has raised the following contentions:
a) Firstly, at the time of the accident, the deceased was aged about 19 years and he was a student and was doing coolie work and earning Rs.15,000/- per month. The Tribunal considering the evidence of the parties, has rightly assessed the monthly income of the deceased at Rs.14,250/-. He relied on the judgment of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai -9- NC: 2025:KHC-K:7217-DB MFA No. 204307 of 2023 C/W MFA.CROB No. 200039 of 2024 HC-KAR Patel vs.Bababhai Nagjibhai Rabari and Another in Civil Appeal No.10278/2025 disposed of on 08.08.2025.
b) Secondly, in view of the judgment of the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd. -V- Nanu Ram And Others [2018 ACJ 2782], each of the claimants are entitled for compensation of Rs.40,000/- under the head of 'loss of love and affection and consortium'.
c) Lastly, considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is on the lower side. Hence, he prays for allowing the cross objection filed by the claimants.
8. Heard the learned counsel for the parties and perused the judgment and award of the Tribunal.
9. It is not in dispute that deceased Veeresh died in the road traffic accident occurred on 02.05.2021 due to rash and negligent driving of the driver of the offending
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NC: 2025:KHC-K:7217-DB MFA No. 204307 of 2023 C/W MFA.CROB No. 200039 of 2024 HC-KAR motorcycle bearing Reg.No.TS-15/ER-5945. At the time of the accident, the deceased was aged about 19 years.
10. The Hon'ble Apex Court in the case of Hitesh Nagjibhai Patel (supra) held that a minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in the same category as a non- earning individual for the purposes of assessing the amount of compensation because the child was not engaged in gainful employment at the time of the accident. In such cases, the minimum wages payable to a skilled workman as notified for the relevant period in the respective states where the cause of action arises is to be adopted. PW.1 in his evidence has categorically stated that deceased was earning Rs.15,000/- per month by doing coolie work. Considering the evidence of PW.1, the age of the deceased, and his avocation, the Tribunal has rightly assessed the notional income at Rs.14,250/- per month and has correctly added 40% towards future prospects. Likewise, it has rightly deducted 50% of the
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NC: 2025:KHC-K:7217-DB MFA No. 204307 of 2023 C/W MFA.CROB No. 200039 of 2024 HC-KAR income of the deceased towards personal expenses. Therefore, the compensation awarded by the Tribunal on account of 'loss of dependency' at Rs.21,54,600/- is just and reasonable.
11. The compensation awarded by the Tribunal on account of 'loss of estate' and on account of 'funeral expenses' is just and reasonable.
12. In view of the law laid down by the Supreme Court in the case of 'Magma General Insurance Co.Ltd.,' (supra), claimant Nos.1 and 2 parents of the deceased are entitled to Rs.40,000/- each under the head of 'loss of filial consortium'.
13. Thus, the claimants are entitled to the following compensation:
Compensation Amount in
under different (Rs.)
Heads
Loss of dependency 21,54,600
Funeral expenses 15,000
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MFA No. 204307 of 2023
C/W MFA.CROB No. 200039 of 2024
HC-KAR
Loss of estate 15,000
Loss of Filial 80,000
consortium
Total 22,64,600
14. In the result, the following order is passed:
ORDER
a) The appeal filed by the Insurance Company in MFA No.204307/2023 is dismissed.
b) The appeal filed by the claimants in MFA Crob No.200039/2024 is allowed in part.
c) The judgment of the Claims Tribunal is modified.
d) The claimants are entitled to a total compensation of Rs.22,64,600/- as against Rs.22,24,600/- awarded by the Tribunal.
e) The Insurance Company is directed to deposit the compensation amount along with interest at 6%p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks
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f) The apportionment, deposit and release of amount shall be made in terms of the award of the Tribunal.
g) Amount in deposit is directed to be transmitted to the Tribunal.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE VNR List No.: 1 Sl No.: 26