Karnataka High Court
Smt. Anarkali W/O Sabirali Sayyad vs Joyee Kedari Piraji on 14 August, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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MFA No. 102576 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
M.F.A. NO. 102576 OF 2023 (MV-D)
BETWEEN:
1. SMT. ANARKALI W/O. SABIRALI SAYYAD,
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O. TIPU SULTAN GALLI, BALEKUNDRI KH,
TQ. BELAGAVI, DIST. BELAGAVI-591103.
2. SHRI MUBARAK S/O. SABIRALI SAYYAD,
AGE: 30 YEARS, OCC: SERVICE,
R/O. TIPU SULTAN GALLI, BALEKUNDRI KH,
TQ. BELAGAVI, DIST. BELAGAVI-591103.
3. SHRI KHWAJA S/O. SABIRALI SAYYAD,
AGE: 32 YEARS, OCC: NIL,
R/O. TIPU SULTAN GALLI, BALEKUNDRI KH,
Digitally signed by
CHANDRASHEKAR
LAXMAN
TQ. BELAGAVI, DIST. BELAGAVI-591103.
KATTIMANI
Location: High ...APPELLANT
Court of Karnataka,
Dharwad Bench (BY SMT. GEETHA K. M, ADVOCATE)
AND:
1. JOYEE KEDARI PIRAJI,
AGE: MAJOR, OCC: SERVICE, 203,
KALMESHWAR GALLI, SAMBRA,
BELAGAVI-591103.
2. IFFCO TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS DIVISIONAL MANAGER,
COLLEGE ROAD, OPP. SANMAN HOTEL,
BELAGAVI 590001.
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MFA No. 102576 of 2023
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3. SHRI BASAVRAJ S. BHADALE,
AGE: MAJOR, OCC: BUSINESS,
R/O. EXECUTIVE DIRECTOR OF
M/S JAGAJAMPI AUTO PVT. LTD.,
OPP. CIVIL HOSPITAL ROAD,
AMBEDKAR ROAD, BELAGAVI-590010.
4. THE NEW INDIA ASSURANCE CO. LTD.,
REPRESENTED BY ITS DIVISIONAL MANAGER,
CLUB ROAD, BELAGAVI-590001.
5. SMT. FATIMA JAMEER JALALI,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O. NAIK GALLI, A/P NESARI,
TQ. GADHINGLAJ, DIST. KOLHAPUR-416504.
6. SHRI MOHAMMAD GOUS SHABBIR ALI SAYYAD,
AGE: 39 YEARS, OCC: SERVICE,
R/O. TIPU SULTAN GALLI, BALEKUNDRI KH,
TQ. BELAGAVI, DIST. BELAGAVI-591103.
...RESPONDENTS
(BY SRI. ASHOK A. NAIK, ADV. FOR R1;
SRI. M. Y. KATAGI, ADV. FOR R2;
SRI. R. R. MANE, ADV. FOR R4;
NOTICE R3, R5 AND R6 ARE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, ALLOW THE
APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED
29.07.2022 PASSED BY IN THE COURT OF THE IV ADDITIONAL
DISTRICT JUDGE AND MACT-V, IN MVC NO.2207/2019 AND
ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY
HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE
SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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MFA No. 102576 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
Though this appeal is listed for hearing on
interlocutory application, with the consent of learned
counsel for the parties, it is taken up for final disposal.
2. This appeal is filed by the appellants/claimants
seeking enhancement of compensation awarded under
impugned judgment and award dated 29.07.2022 passed
in MVC No.2207/2019 on the file of IV Additional District
Judge and MACT-V, Belagavi1.
2. Brief facts leading to filing of this appeal are
that on 02.10.2019, the deceased-Sabir Ali was
proceeding as pillion rider on the vehicle bearing
Reg.No.KA-22/EX-8122. The rider of the said vehicle was
riding the vehicle in a rash and negligent manner so as to
endanger human life and without following the traffic rules
and regulations and when they reached near the spot of
For short, 'Tribunal'
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accident, the vehicle of respondent No.3 i.e., truck bearing
No.KA-19/B-3147 was parked without precautions and
indications and the rider lost control over the vehicle and
dashed to the said truck and caused accident. Due to
which, the deceased fell down and sustained grievous
injuries and succumbed to those injuries.
3. Smt.Geeta K. M., learned counsel appearing for
the appellants/claimants submits that this appeal is filed
only to the extent of incorrectly awarding consortium to
the claimants. It is submitted that claimants are wife and
children of the deceased and are entitled to compensation
of Rs.44,000/- each as per the law laid down by Hon'ble
Apex Court in the case of Magma General Insurance
Company Limited Vs. Nanu Ram & Others2. Hence, she
seeks to allow the appeal to the aforesaid extent.
4. Per contra, learned counsel appearing for the
respondents supports the impugned judgment and award
of the Tribunal and submits that the award of
(2018) 18 SCC 130
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compensation by the Tribunal is just and proper which
does not call for any interference.
5. We have gone through the pleading, judgment
and the submissions advanced. It is not in dispute that the
appellants/claimants No.1 to 3 and respondents No.5 and
6 are the legal heirs of the deceased. Hence, they are
entitled for consortium at the rate of Rs.40,000/- each
with 10% escalation as per the law laid down by Hon'ble
Apex Court in the case of Magma General Insurance
Company Limited referred supra. To the aforesaid extent
only, the appeal is allowed. Insofar as award of
compensation on other heads and liability determined by
the Tribunal is unaltered. Hence, the appeal is allowed in
part. The appellants are entitled to compensation of
Rs.2,20,000/- (44,000 x 5) as against Rs.40,000/-
awarded by the Tribunal.
6. The compensation amount carries interest at
the rate of 6% p.a from the date of petition till the date of
realization. The impugned judgment and award of the
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Tribunal is modified to the aforesaid extent. The insurance
company shall deposit the compensation amount within a
period of eight weeks.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
RKM /CT-AN
