Karnataka High Court
Shamanna And Ors vs Prabhu And Anr on 5 November, 2025
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NC: 2025:KHC-K:6576
MFA No. 202604 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202604 OF 2024 (MV-D)
BETWEEN:
1. SHAMANNA
S/O. SHARANAPPA,
AGED ABOUT 57 YEARS, OCC. LABOUR,
2. MARUTI
S/O. SHAMANNA,
AGED ABOUT 28 YEARS, OCC. UNEMPLOYED,
3. DEEPAK
S/O. SHAMANNA,
AGED ABOUT 25 YEARS, OCC. UNEMPLOYED,
ALL ARE R/O CHATNALLI,
TQ. AND DIST. BIDAR-585401.
Digitally signed
by SUMITRA ...APPELLANTS
SHERIGAR (BY SMT.PATIL SHANTABAI SUBHASH, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. MR. PRABHU
S/O. GANGARAM,
AGED ABOUT 42 YEARS, OCC. BUSINESS,
R/O ASTOOR, TQ. AND DIST. BIDAR-585401.
2. SHRIRAM GENERAL INSURANCE COMPANY LTD.,
E-8, EPIP SITAPURA INDUSTRIAL AREA,
JAIPUR, RAJASTHAN,
THROUGH ITS MANAGER SERVICING OFFICE
NO. 302 1ST FLOOR, 41 A.J. CHAMBERS,
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NC: 2025:KHC-K:6576
MFA No. 202604 of 2024
HC-KAR
R.V ROAD, BASAVANAGUDI CITY,
BENGALURU-560001.
...RESPONDENTS
(BY SMT. SANGEETA BHADRA SHETTY, ADVOCATE;
R1-SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR TRIAL COURT RECORDS AND PLEASED TO ALLOW
THE APPEAL BY SET-ASIDE THE JUDGMENT AND AWARD
DATED 05-03-2024, PASSED BY THE II-ADDL SR. CIVIL JUDGE
AND JMFC AT BIDAR, IN MVC NO. 447/2022 AND PLEASED TO
ENHANCE COMPENSATION, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is preferred by the claimants against the Judgment and award dated 05.03.2024 passed in MVC No.447/2022 by the II Additional Senior Civil Judge and JMFC Court, Bidar (for short 'the tribunal'), seeking enhancement of the compensation.
2. One Smt. Parvathi met with accident and suffered fatal injuries and while on the way to Hospital succumbed to the injuries. Claimant No.1 is the husband of the deceased -3- NC: 2025:KHC-K:6576 MFA No. 202604 of 2024 HC-KAR and claimant Nos.2 and 3 are the children of the deceased. They filed a claim petition before the tribunal seeking compensation of Rs.30,00,000/- along with interest at the rate of 12% per annum from the date of petition till the date of realization. The tribunal after considering the entire evidence on record, has awarded a sum of Rs.18,90,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. Being aggrieved by the said Judgment and award, the claimants preferred the present appeal.
3. It is contended that, the deceased Parvathi was doing labour work and earning a sum of Rs.500/- per day. It is also contended that, no amounts are granted under the head of future prospects. Therefore, requested this Court for enhancement of the compensation.
4. Learned counsel for the respondent No.2- Insurance company contended that, as per Adhar Card, her date of birth is shown as 01.01.1966. The Adhar Card is not marked before the tribunal. She met with accident on -4- NC: 2025:KHC-K:6576 MFA No. 202604 of 2024 HC-KAR 27.08.2022. In the postmortem report, her age is mentioned as 45 years. Hence, her age is to be considered as per the postmortem report and the multiplier is '14'. The claimants have not filed any income proof of the deceased. The deceased met with the accident and died in the year 2022. Therefore, as per the guidelines of the Karnataka State Legal Services Authority, her income is to be taken at Rs.14,750/-. 25% is to be added towards future prospects and 1/3rd is to be deducted towards personal expenses. Hence, the loss of dependency would be as under:
Rs.14,750/- + 25% - 1/3rd X 12 X 14% = Rs.20,65,000/-.
5. Claimant No.1 is entitled for Rs.44,000/- towards loss of consortium and claimant Nos.2 and 3 are also entitled to Rs.44,000/- each under the head of parental consortium.
The claimants are also entitled to a sum of Rs.30,000/- towards conventional heads. Hence, the total compensation would be as under:
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NC: 2025:KHC-K:6576 MFA No. 202604 of 2024 HC-KAR Sl.No. Heads of compensation Amount 1 Loss of dependency Rs.20,65,000/- 2 Loss of consortium Rs.1,32,000/-
(Rs.44,000/- X 3) 3 Conventional heads Rs.30,000/-
Total Rs.22,27,000/-
6. Learned counsel for the Insurance company
submits that, the compensation amount awarded by the tribunal has been deposited before the tribunal.
7. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimants are entitled to total compensation of Rs.22,27,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, as against Rs.18,90,000/- awarded by the tribunal;
(iii) The Insurance company is directed to deposit the enhanced compensation of Rs.3,37,000/- along with interest within one month from the date of this order;-6-
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(iv) On deposit, the claimant No.1/appellant No.1 alone is permitted to withdraw the entire amount along with interest accrued on it.
sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 70