Karnataka High Court
Sakubai And Ors vs Imam Sab And Anr on 26 September, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:5872-DB
MFA No. 203615 of 2024
C/W MFA No. 202430 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCL. FIRST APPEAL NO.203615 OF 2024 (MV-D)
C/W
MISCL. FIRST APPEAL NO.202430 OF 2024 (MV-D)
IN MFA NO.203615/2024:
BETWEEN:
1. SAKUBAI W/O LATE ASHOK RATHOD,
AGE ABOUT 42 YEARS, OCC: HOUSEHOLD,
Digitally signed by
BASALINGAPPA 2. ARUN KUMAR S/O ASHOK RATHOD,
SHIVARAJ
DHUTTARGAON AGE ABOUT 25 YEARS, OCC: STUDENT,
Location: HIGH
COURT OF
KARNATAKA 3. SHWETA D/O ASHOK RATHOD,
AGE ABOUT 20 YEARS, OCC: STUDENT,
ALL R/O. NEAR SEVALAL TEMPLE,
MARTUR STATION THANDA, TQ. SHAHABAD,
DIST. KALABURAGI.
...APPELLANTS
(BY SRI. NAGARAJ PATIL, ADVOCATE)
AND:
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NC: 2025:KHC-K:5872-DB
MFA No. 203615 of 2024
C/W MFA No. 202430 of 2024
HC-KAR
1. IMAM SAB S/O KHAJA SAB KARAJAGE,
AGE: MAJOR, OCC: AGRICULTURE AND
OWNER OF TRACTOR No.KA-28/T-7239,
R/O. SIDDAPUR (A) VILLAGE,
TQ. AND DIST. VIJAYAPURA-584 127.
2. THE RELIANCE GENERAL INSURANCE CO. LTD.,
BELLARY THROUGH ITS DIVISIONAL OFFICE
AND ITS MANAGER, 3RD FLOOR, ASIAN ARCADE,
NEAR S.V. PATEL CHOWK, STATION MAIN ROAD,
KALABURAGI-585 101.
...RESPONDENTS
(BY SRI. SANGANABASAVA B. PATIL, ADV. FOR R1;
SMT. PREETI PATIL MELKUNDI, ADV. FOR R2)
THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES
ACT, PRAYING TO A) CALL FOR THE RECORDS. B) TO MODIFY
THE JUDGMENT AND AWARD DATED 16.01.2024 PASSED IN
MVC NO.476/2022 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE AND MACT AT KALABURAGI. AND ALLOW THIS APPEAL
BY ENHANCING THE COMPENSATION AMOUNT OF
Rs.39,99,800/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT. C) ORDER FOR COSTS OF THIS APPEAL.
IN MFA NO.202430/2024:
BETWEEN:
THE RELIANCE GEN. INS. CO. LTD.,
BELLARY THROUGH ITS DIVISIONAL OFFICE
AND ITS MANAGER,
3RD FLOOR, ASIAN ARCADE,
NEAR S.V. PATEL CHOWK, STATION MAIN ROAD,
KALABURAGI,
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NC: 2025:KHC-K:5872-DB
MFA No. 203615 of 2024
C/W MFA No. 202430 of 2024
HC-KAR
(NOW REPRESENTED BY AUTHORISED SIGNATORY
RELIACNE GEN. INS. CO. LTD., DESHPANDE NAGAR,
HUBLI).
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. SAKUBAI W/O LATE ASHOK RATHOD,
AGE: 42 YEARS, OCC: HOUSEHOLD,
2. ARUN KUMAR S/O LATE ASHOK RATHOD,
AGE: 25 YEARS, OCC: STUDENT,
3. SHWETA D/O ASHOK RATHOD,
AGE: 20 YEARS, OCC: STUDENT,
ALL R/O. NEAR SEVALAL TEMPLE,
MARTUR STATION TANDA, TQ. SHAHABAD,
DIST. KALABURAGI-585 101.
4. IMAM SAB S/O KHAJASAB KARAJAGI,
AGE: MAJOR, OCC: AGRICULTURE AND OWNER
OF TRACTOR No.KA-28/T-7239,
R/O. SIDDAPUR (A) VILLAGE,
TQ. AND DIST. VIJAYAPURA.
...RESPONDENTS
(BY SRI. NAGARAJ PATIL, ADV. FOR R1 TO R3;
SRI. SANGANABASAVA B. PATIL, ADV. FOR R4)
THIS MFA IS FILED U/S 173(1) OF THE MOTOR VEHICLES
ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND ALLOW
THE ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED
JUDGMENT AND AWARD DT. 16.01.2024 IN MVC No.476/2022
PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND MACT
KALABURAGI.
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NC: 2025:KHC-K:5872-DB
MFA No. 203615 of 2024
C/W MFA No. 202430 of 2024
HC-KAR
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 04.09.2025 AND COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE T.M.NADAF) These two appeals being MFA Nos.202430/2024 and 203615/2024 by appellant - Insurance Company as well as appellant/claimants, calling in question the judgment and award dated 16.01.2024 in MVC No.476/2022, passed by I Additional Senior Civil Judge and MACT, Kalaburgi, on the ground of liability as well as quantum of compensation.
2. The date of accident, involvement of vehicle and death of Rohith alias Abhishek son of Ashok are not in dispute. The only dispute as per the appellant - Insurance Company is liability to pay the compensation on the premise that the trailers attached to the tractor are not -5- NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR insured, however, the tractor was insured with the said Insurance Company and the appellants/claimants, seeking for enhancement of compensation on the ground of inadequate compensation awarded by the Tribunal.
3. Heard, Smt. Preeti Patil Melkundi, learned counsel appearing for the appellant in MFA No.202430/2024 and Sri Nagaraj Patil, learned Counsel appearing for appellants/claimants in MFA No.203615/2024.
4. Smt. Preeti Patil Melkundi, with all vehemence submitted that, the liability called in question is only on the ground that the trailers which were attached to the tractor are not insured, however, the tractor is insured at the time of accident. The two trailers which are not insured, were attached by the tractor. In these circumstances, the Insurance Company is not liable to pay the compensation and it is the owners of the tractor as well as the trailers are responsible to make good the compensation.
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR
5. So far as the quantum is concerned, the Tribunal has taken the income at the rate of Rs.14,750/-, in the absence of any proof of income added 40% towards the Future Prospectus and awarded exorbitant compensation under the conventional heads. The claimants, except mother, others are brother and sister of the deceased i.e., the siblings of the deceased and they are not entitled for compensation. Accordingly, sought to allow the appeal and dismiss the claim petition against the Insurance Company on the liability. It is also contended that, in the event the liability is fastened, by retaining the findings of the Tribunal, the compensation required to be reduced, which is awarded according to the Insurance Company, as the same is exorbitant.
6. Refuting the submissions of the learned counsel appearing for the appellant - Insurance Company, Sri Nagraj Patil, the learned counsel for the appellant in MFA No.203615/2024 with all vehemence submitted that, it is not in dispute that the tractor is insured, but the trailers -7- NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR were not. It is also not in dispute that the part of the vehicle which caused accident, i.e., which came in contact with the deceased, is the tractor, while he was proceeding on his motorcycle bearing number KA-51/HQ-5854 and it is the tractor which has caused the accident and admittedly, as on the date of accident, the tractor was insured with the appellant - Insurance Company in MFA No.202430/2024. That part, the crime was registered against the driver of the tractor. The Tribunal, after going through the entire materials, framed Issue No.1 against the driver of the tractor and made liable the insurer of the tractor to pay the compensation. As such, the ground of liability raised by the appellant - Insurance Company in the appeal filed on behalf of the Insurance Company have no legs to stand, accordingly, required to be dismissed.
7. So far as quantum is concerned, the Tribunal looking to the year of accident i.e. 2022, taken the income as per the income fixed under the chart i.e. Rs.14,750/-, -8- NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR but taken the income towards personal expenditure at 50% and awarded compensation. So also, not awarded appropriate compensation under the head - Filial Consortium and the same requires reconsideration and re- determination. As per the law declared by the Hon'ble Apex Court in SARLA VERMA AND OTHERS VS. DELHI TRANSPORT CORPORATION AND ANOTHER1, the Hon'ble Apex Court has clearly held that the siblings who are depending on the deceased bachelor, in the absence of father, are entitled as dependents and be counted while deducting personal expenses. Accordingly, sought to allow the appeal and enhance the compensation by dismissing the appeal filed by the appellant - Insurance Company.
8. Having heard the learned counsel appearing for the parties, perused the both appeal papers, so also Trial Court Record, the points that would arise for our consideration are as under:
1
2009 ACJ 1298 -9- NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR
i) Whether the Tribunal is justified in fastening the liability on the appellant -
Insurance Company?
ii) Whether the compensation awarded by the tribunal befit within the expression of just compensation?.
9. Our answer to the above points for consideration are as under:
Point No.1 - in affirmative. Point No.2 - Partly in affirmative, for the following:
REASONS
10. As could be seen from the record, the tractor was insured on the relevant point of time i.e. as on the date of accident. It is not in dispute that, even according to the appellant - Insurance Company, the part which collided with the motorcycle of the deceased, on which he
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR was riding at the time of accident resulted in death of the rider and on whose behalf the claim petition filed before the concerned Tribunal, is the tractor and the police have registered the case against the driver of the tractor. The Tribunal, while answering the Issue No.1, has held that, it is the driver of the Tractor who was rash and negligent in driving the Tractor and answered the Issue in affirmative. So also, the Tribunal while answering the question of liability to pay the compensation at paragraph No.17 of the judgment has clearly stated that, the Insurance Company has admitted in its objections that the Tractor was insured during the period i.e. 27.02.2022 to 26.02.2023. The accident occurred on 18.03.2022 i.e. during the subsistence of the insurance policy and admittedly, it is the tractor which collided with the motorcycle resulting in death of rider of the motorcycle. There is nothing remains more to consider regarding the liability as rightly contended by the learned counsel appearing for the appellant in the appeal filed on behalf of
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR the claimants. Hence, the grounds have no legs to stand, are required to be rejected and accordingly rejected.
11. For the foregoing reasons, the point No.1 for consideration answered in affirmative against the appellant
- Insurance Company and in favour of the appellants/claimants.
12. So far as the quantum is concerned, as rightly contended by the learned counsel appearing for the appellants/claimants, the Hon'ble Apex Court in Sarla Verma (supra) has clearly stated that, the dependency of the siblings be taken, even in the case of death of bachelor in the absence of father. In the case on hand, the deceased who was looking after the entire family after death of their father. Though, the siblings were shown as major, but, they are studying and dependent on the deceased brother. In these circumstances, the Tribunal has committed a serious error in deducting personal expenses at 50% instead of 1/3rd, as the claimants are three in numbers, in terms of the law laid down by the
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR Hon'ble Apex Court in Sarla Verma (supra). Looking to the compensation awarded under the conventional heads, are also on the lower side i.e., compensation towards filial consortium is concerned. Further, the Tribunal has not awarded any compensation under '10% escalation' as laid down by the Hon'ble Apex Court in NATIONAL INSURANCE CO. LTD. VS. PRANAY SETHI2 from 2017. The year of accident in the case on hand is 2022, accordingly, they are entitled for escalation for one term of three years. In view of the discussion supra, the grounds raised by the appellant - Insurance Company required to be rejected and the grounds raised by the appellant/claimants required to be considered. Accordingly, we proceed to re-determine the compensation.
13. On re-determination the compensation awarded by the Tribunal, the same would comes to: 2
(2017) 16 SCC 680
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR Heads of compensation Amount Loss of Dependency : Rs. 29,73,600/-
(14,750 + 40% x 12 x 18 x
2/3)
Loss of Estate : Rs. 15,000/-
Loss of Funeral Expenses : Rs. 15,000/-
Loss of Filial Consortium : Rs. 1,20,000/-
(Rs.40,000 x 3)
10% escalation for three : Rs. 15,000/-
completed years
[Rs.1,20,000+ 30,000
=1,50,000]
TOTAL : Rs. 31,38,600/-
On re-determination, the claimants/appellants are entitled for a sum of Rs.31,38,600/-, against compensation awarded by the Tribunal i.e., Rs.23,50,200/-. The re-determined compensation is rounded off to Rs.31,39,000/-. The re-determined compensation shall carry interest at the rate of 6% per annum from the date of petition till realization.
14. For the foregoing reasons, the point raised in Point No. 2 answered 'partly in affirmative' and proceeded to pass the following
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR ORDER
i) The appeal filed by the Insurance Company being MFA No.202430/2024 is dismissed.
ii) The amount in deposit shall be transmitted to the concerned Tribunal forthwith, for disbursement.
iii) The appeal filed in MFA
No.203615/2024 by the
claimants/appellants is allowed in
part, modifying the judgment and
award dated 16.01.2024 passed by I Additional Senior Civil Judge and MACT, Kalaburgi and the compensations re-determined from Rs.23,50,200/- to Rs.31,39,000/-
iv) The re-determined compensation shall carry interest at the rate of 6% per
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR annum from the date of petition till realization.
v) The appellant - Insurance Company in MFA No.202430/2024 and respondent in MFA No. 203615/2024, shall deposit the entire balance re-determined compensation along with the accrued interest stated supra, before the concerned tribunal, within six weeks from the date of the receipt copy of this order.
vi) The disbursement as well as apportionment are kept intact, as per direction of the Tribunal.
vii) The registry is directed to transmit the Trial Court Record forthwith i.e. within an outer limit of two weeks, immediately after release of this
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NC: 2025:KHC-K:5872-DB MFA No. 203615 of 2024 C/W MFA No. 202430 of 2024 HC-KAR judgment enabling the appellant -
insurance company to deposit the amount and the claimants to seek for release of the same.
viii) No order as to cost.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
THM
List No.: 1 Sl No.: 5
CT: AK