Karnataka High Court
Sunita And Anr vs M/S Delhi Gujarath Fleet Carrier Pvt Ltd ... on 29 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 201606 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 201606 OF 2019 (MV-D)
BETWEEN:
1. SUNITA
W/O NAMADEV CHAVAN,
AGE:40 YEARS,
OCC: HOUSEHOLD WORK,
2. NAMADEV S/O SUBASH CHAVAN,
AGE: 42 YEARS,
OCC: AGRICULTURE,
BOTH ARE R/O: ARAKERI L.T.,
TQ. DIST: VIJAYAPUR - 586 101.
...APPELLANTS
Digitally signed (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)
by RENUKA
Location: HIGH AND:
COURT OF
KARNATAKA 1. M/S DELHI GUJARATH FLEET CARRIER PVT., LTD.,
R/O: 1/43 SHIVAJI NAGAR GURGAON,
HARIYANA STATE - 12001.
2. THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
BIDARI COMPLEX, 1ST FLOOR, KORI CHOUK,
VIJAYAPUR - 586 101.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 201606 of 2019
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND MODIFY
THE JUDGMENT AND AWARD DATED 03.06.2019 PASSED IN MVC
NO. 1741/2016 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII
VIJAYAPURA AT VIJAYAPURA AND ENHANCING THE
COMPENSATION AMOUNT FROM RS.5,00,000/- WITH 6%
INTEREST TO RS.11,00,000/- WITH 18% INTEREST, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellants/claimants seeking
enhancement of the compensation as awarded by the III
Additional Senior Civil Judge and MACT No.XII, Vijayapur (for
short 'the tribunal') vide Judgment and award dated
03.06.2019 in MVC No.1741/2016.
2. The brief facts leading to filing of the claim
petition are that, on 17.10.2016 at about 5.00 p.m., when
the daughter of the claimants by name Priyanka was
proceeding towards her grandmother's house from her house
on the extreme left side of the kacha road, at that time, one
lorry bearing registration No.HR-55/J-9035 came from Zalaki
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side, being driven in a rash and negligent manner and
dashed to the Priyanka, as a result she sustained grievous
injuries and succumbed to the injured in the hospital. The
claimants who are the parents of the deceased Priyanka filed
claim petition. The tribunal appreciating the evidence on
record, assessed the compensation and passed the
impugned award. Being not satisfied with the award of
compensation by the tribunal, the claimants are before this
Court seeking enhancement.
3. Heard the learned counsel for the appellants and
the learned counsel for the respondent No.2-Insurance
company.
4. Learned counsel for the appellants would contend
that, the deceased was aged 10 years. The tribunal has not
awarded consortium to both the parents and award of
compensation under conventional head, towards funeral
expenses and transportation of dead body is on lower side.
With this, he prays to allow the appeal.
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5. Learned counsel for the respondent No.2-
Insurance company submits that, the compensation awarded
by the tribunal is just and proper.
6. Having heard the learned counsels on both sides,
this Court has perused the impugned Judgment and the trial
Court records.
7. The tribunal has rightly taken notional income at
Rs.30,000/-. Taking the age of young parent i.e. mother as
30 years at the time of the accident, by applying the
principles laid down in the case of Smt. Sarla Verma and
others Vs. Delhi Transport Corporation and another,
reported in (2009) 6 SCC 121, applied multiplier '15' and
calculated the compensation at Rs.4,50,000/- (Rs.30,000/- X
15).
8. The tribunal has only awarded Rs.50,000/- under
conventional heads i.e. towards loss of love and affection,
funeral expenses. The claimants being the mother and father
of the deceased Priyanka are entitle to consortium in a sum
of Rs.40,000/- each. Apart from that, they are entitle to
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compensation under the head of transportation of dead body
and funeral expenses in a sum of Rs.30,000/-.
9. In view of the above, the appellants/claimants are
entitle to total compensation as under:
Sl.No. Heads of compensation Compensation
awarded by
this Court
1 Loss of dependency Rs.4,50,000/-
2 Parental consortium Rs.80,000/-
(Rs.40,000/- X 2)
3 Transportation of dead Rs.30,000/-
body and funeral expenses
Total Rs.5,60,000/-
10. In view of the above, the following:
ORDER
(i) The appeal is allowed in-part;
(ii) The appellants/claimants are entitle to
total compensation of Rs.5,60,000/- as against
Rs.5,00,000/- as awarded by the tribunal with
interest at the rate of 6% per annum from the date
of petition till realization;
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(iii) The respondent No.2-Insurance
company shall deposit the said award amount with
interest within a period of eight weeks from this
day failing which it is liable to pay interest at the
rate of 9% per annum;
(iv) The apportionment as ordered by the
tribunal remains unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SVH
