Karnataka High Court
Ranjana And Ors vs Fayaz Ahmed Patel And Ors on 14 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2025:KHC-K:6035-DB
MFA No. 200020 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO. 200020 OF 2024 (MV-D)
BETWEEN:
1. SMT. RANJANA W/O LATE TARANATH,
AGE: 28 YEARS, OCC: HOUSEHOLD,
2. NAMITA D/O LATE TARANATH,
AGE: 7 YEARS, MINOR,
3. KIRAN S/O LATE TARANATH,
AGE: 5 YEARS, MINOR,
APPELLANTS NO. 2 AND 3 ARE MINORS,
Digitally signed U/G OF THEIR MOTHER APPELLANT NO.1,
by RAMESH ALL RESIDENCE OF LAKNAPUR,
MATHAPATI
Location: HIGH SATHKHED, TQ. JEWARGI,
COURT OF DIST: KALABURAGI.
KARNATAKA
...APPELLANTS
(BY SRI. B.M. KINIKERI,ADVOCATE)
AND:
1. FAYAZ AHMED PATEL S/O ABDUL RAHEEM,
AGE: MAJOR, OCC: PROPRIETOR M.R.
TOURS AND TRAVELS, KHB COMPLEX,
OPP. CENTRAL BUS STAND,
KALABURAGI-585 103.
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MFA No. 200020 of 2024
HC-KAR
2. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
DR. RAJSHEKHAR PATIL'S BUILDING NO. 10-27,
P.S. NO. 12, S.B. TEMPLE ROAD,
KALABURAGI-585 102.
3. VEENA BAI W/O BASAPPA,
AGE: 53 YEARS, OCC: HOUSEHOLD,
4. BASAPPA S/O SOMANAYAK,
AGE: 64 YEARS, OCC: NIL,
BOTH R/O. LAKNAPUR,
SATHKHED, TQ. JEWARGI,
DIST. KALABURAGI-585 310.
...RESPONDENTS
(BY SRI. SUDARSHAN M. ADV. FOR R2
NOTICE TO R1, R3 AND R4 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL
FOR THE ENTIRE LOWER COURT RECORDS AND MODIFY THE
JUDGMENT AND AWARD DATED 18-2-2020 PASSED BY THE
LEARNED II ADDITIONAL SENIOR CIVIL JUDGE AND MACT AT
KALABURAGII IN MVC NO.434/2019 BY ENHANCING THE
COMPENSATION AMOUNT AS PRAYED IN CLAIM PETITION.
THIS APPEAL, COMING ON FOR ADMISSION, 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
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NC: 2025:KHC-K:6035-DB
MFA No. 200020 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment and award dated 18.02.2020 passed by the II Addl. Senior Civil Judge and MACT, Kalaburagi (for short 'Claims Tribunal') in MVC No.434/2019.
2. Facts giving rise to the filing of the appeal briefly stated are that, on 21.12.2018 at about 3.15 p.m., when the deceased Taranath was traveling in Bus bearing registration No.KA-32/C-8408 on Pune-Mohol High Way, infront of Mohol Agricultural Firm, at that time, driver of the said bus drove it with high speed in rash and negligent manner and dashed to Mal Truck bearing registration No.MH-25/U-2315 on its backside. As a result of the aforesaid accident, the deceased sustained grievous injuries and died on the spot.
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3. The claimants filed a petition under Section 166 of the Act seeking compensation for the death of the deceased along with interest.
4. On service of summons, the respondent Nos.1 and 2 appeared through their counsels and filed written statement denying the averments made in the claim petition.
5. On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The claimants, in order to prove the case, claimant No.1 examined herself as PW-1 and got exhibited documents namely Ex.P.1 to Ex.P.8. On the other hand, respondents have not adduced any oral evidence. However, got marked the insurance policy on consent as Ex.R.1. 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 succumbed to the injuries. The Tribunal -5- NC: 2025:KHC-K:6035-DB MFA No. 200020 of 2024 HC-KAR further held that the claimants are entitled to a compensation of Rs.17,00,000/- along with interest at the rate of 6% p.a. and directed the respondent No.2 to deposit the compensation amount along with interest. Being aggrieved, this appeal has been filed.
6. The learned counsel for the claimants has raised the following contentions:
a) Firstly, the claimants claim that the deceased was aged about 28 years at the time of the accident the deceased was working as driver in M.R. Tours and Travels from the year 2015 to 2018 on monthly payment of Rs.15,000/- plus Rs.400/- bhatta per day for 18 days (excluding holidays) is getting total salary of Rs.22,200/-
per month. To that effect, he has produced salary certificate issued by the employer at Ex.P.7 in spite of that, the Tribunal has assessed the notional income of the deceased as Rs.10,000/- per month is on lower side.
b) Secondly, as per the law laid down by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE -6- NC: 2025:KHC-K:6035-DB MFA No. 200020 of 2024 HC-KAR CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017 SC 5157], in case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income towards 'future prospects' should be the warrant where the deceased was below the age of 40 years. The same shall be considered.
c) Thirdly, as per the judgment of the Hon'ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO. LTD. -V- NANU RAM [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'.
d) Fourthly, 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 appeal.
7. On the other hand, the learned counsel for the Insurance Company has raised the following counter- contentions:
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a) Firstly, the claimants have claimed that the deceased was earning Rs.22,200/- per month. The salary certificate dated 05.01.2019 issued after the death of the deceased, except that they have not produced bank statements or any other documents to show that the deceased was getting Rs.22,200/- per month as a salary working as driver with respondent No.1. Therefore, the Tribunal has rightly assessed the national income of the deceased as Rs.10,000/- per month. He further contented that since claimants have failed to prove the established income of the deceased, the Tribunal has not rightly awarded future prospects.
b) Secondly, on appreciation of oral and documentary evidence and considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is just and reasonable. Hence, sought for dismissal of the appeal.-8-
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8. Heard the learned counsel for the parties, perused the judgment and award including the appeal papers.
9. It is not in dispute Taranath died in road traffic accident has occurred on 21.12.2018 due to rash and negligent driving of driver of the bus bearing registration No.KA-32/C-8408. Even though, claimants have claimed that the deceased was getting salary of Rs.22,200/- per month as a driver. The salary certificate dated 05.01.2019 is issued after the date of accident and they have produced driving licence which clearly shows that deceased was a driver by profession and also produced driver badge at Ex-8. Considering the same, it is appropriate to consider the income of the deceased at Rs.13,000/- per month. To the aforesaid income, 40% has to be added on account of future prospects in view of the law laid down by the Constitution Bench of the Supreme Court in 'PRANAY SETHI' (supra). Thus, the monthly income comes to Rs.18,200/-. Since there are -9- NC: 2025:KHC-K:6035-DB MFA No. 200020 of 2024 HC-KAR five dependents, it is appropriate to deduct 1/4th of the income of the deceased towards personal expenses and remaining amount has to be taken as his contribution to the family. The deceased was aged about 28 years at the time of the accident and multiplier applicable to his age group is '17'. Thus, the claimants are entitled to compensation of Rs.27,84,600/- (Rs.18,200*12*17*1/4) on account of 'loss of dependency'.
10. In addition, the claimants are entitled to compensation of Rs.15,000/- on account of 'loss of estate' and compensation of Rs.15,000/- on account of 'funeral expenses'.
11. In view of the law laid down by the Supreme Court in the case of 'MAGMA GENERAL INSURANCE' (supra), claimant No.1, wife of the deceased is entitled for compensation of Rs.40,000/- under the head of 'loss of spousal consortium', claimant Nos.2 and 3, children of the deceased are entitled for compensation of Rs.40,000/- each under the head of 'loss of parental consortium' and
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NC: 2025:KHC-K:6035-DB MFA No. 200020 of 2024 HC-KAR claimant Nos.4 and 5, parents of the deceased are entitled for compensation of Rs.40,000/- each under the head of 'loss of filial consortium'.
12. Thus, the claimants are entitled to the following compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 27,84,600
Funeral expenses 15,000
Loss of estate 15,000
Loss of spousal 40,000
consortium
Loss of Parental 80,000
consortium
Loss of Filial consortium 80,000
Total 30,14,600/-
13. In the result, the following order is passed:
ORDER
(i) The appeal is allowed in part.
(ii) The judgment of the Claims Tribunal is modified.
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(iii) The claimants are entitled to a total compensation of Rs.30,14,600/- as against Rs.17,00,000/- awarded by the Tribunal.
(iv) 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 from the date of receipt of copy of this judgment.
(v) The apportionment, deposit and release of amount shall be made in terms of the award of the Tribunal.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE AMM List No.: 1 Sl No.: 42 CT: SB