[Cites 2, Cited by 0]

Karnataka High Court

Ashwini And Ors vs Nagesh And Anr on 1 December, 2025

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                           MFA No. 203756 of 2023


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                             DATED THIS THE 1ST DAY OF DECEMBER, 2025

                                               PRESENT

                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                     AND
                           THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

                           MISCL. FIRST APPEAL NO. 203756 OF 2023 (MV-D)

                      BETWEEN:

                      1.    ASHWINI
                            W/O LATE GIRISH PATIL,
                            AGE: 43 YEARS,
                            OCC: HOUSEHOLD,

                      2.    SHRIDHAR
                            S/O LATE GIRISH PATIL,
                            AGE: 14 YEARS, MINOR M/UG OF HIS
                            MOTHER APPELLANT NO.1 ASHWINI
Digitally signed by
BASALINGAPPA          3.    SRIKAR
SHIVARAJ
DHUTTARGAON                 S/O LATE GIRISH PATIL,
Location: HIGH
COURT OF
KARNATAKA
                            AGE: 07 YEARS, MINOR M/UG
                            OF HIS MOTHER APPELLANT NO.1 ASHWINI

                            ALL R/O: H.NO 19-2-224,
                            OLD NAUBAD BIDAR - 585 401.

                                                                     ...APPELLANTS

                      (BY SRI SANTOSH BIRADAR, ADVOCATE)
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                                      MFA No. 203756 of 2023


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AND:

1.   NAGESH
     S/O BASWARAJ,
     AGE: MAJOR,
     OCC: BUSINESS,
     R/O: 51 NAUBAD TO CHONDI ROAD,
     CHONDI TALUK AND DISTRICT BIDAR - 585 401.

2.   IFFCO TOKIO GENERAL
     INSURANCE COMPANY LIMITED,
     HAWAPPA COMPLEX NO.200,201, 202,
     UDGIR ROAD SHIV NAGAR SOUTH,
     BIDAR-585401.

                                                ...RESPONDENTS

(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 01.12.2025, NOTICE TO R1 IS DISPENSED WITH )

       THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL,
MODIFY THE IMPUGNED JUDGMENT AND                 AWARD DATED
06.04.2022 PASSED BY THE COURT OF PRL. SENIOR CIVIL
JUDGE AND CJM AND ADDL. MACT AT BIDAR, IN MVC NO.
592/2019, AND ENHANCE THE COMPENSATION AS PRAYED
FOR, IN THE INTEREST OF JUSTICE AND EQUITY.


       THIS   MFA,   COMING   ON    FOR    ORDERS,   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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                                    MFA No. 203756 of 2023


HC-KAR




                     ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

1. 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 challenging the

judgment and award dated 06.04.2022 passed by the Prl.

Senior civil Judge & CJM & Addl. MACT, Bidar in MVC

592/2019.

2. Facts giving rise to the filing of the appeal briefly

stated are that on 02.07.2019, when the deceased Girish

Patil was proceeding on motorcycle bearing registration

No.KA-38-L-3810 near Classic Dhaba, at that time, a

crane bearing registration No.KA-38-A-1173 which was

being driven in a rash and negligent manner, dashed

against the deceased. As a result of the aforesaid

accident, the deceased sustained grievous injuries and

succumbed to the injuries.

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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. Upon service of notice, the respondents appeared

through counsel 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 Tribunal, by impugned judgment and

award has partly allowed the claim petition and held that

the claimants are entitled to a compensation of

Rs.35,69,944/- along with interest at the rate of 9% p.a.

and directed the Insurance Company to deposit the

compensation amount along with interest. Being

aggrieved, the present appeal has been filed.

6. The learned counsel for the claimants has raised the

following contentions:

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a) Firstly, the claimants assert that the deceased was

aged about 42 years at the time of the accident and had a

monthly income of Rs.25,000/- by working as Sales

Executive Officer in MDH Basanth Agency; produced salary

certificate at Ex.P-6 and examined the authorized person

from the agency as PW-2.

b) Secondly, as per the law laid down by the Hon'ble

Supreme Court in the case of NATIONAL INSURANCE

CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017

SC 5157], in cases, where the deceased was self-

employed or received a fixed salary, an addition of 25% of

the established income towards 'future prospects' is

warranted when the deceased was between the age of 40-

50 years. The said principle has been rightly applied by the

Tribunal to the present case.

c) Thirdly, as on the date of the accident, the claimants

were wife, two minor children and mother of the deceased.

However, before passing the judgment and award of the

Tribunal, the mother of the deceased passed away. The

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Tribunal instead of deducting 1/4th of the income of the

deceased towards personal expenses has erred in

deducting 1/3rd of the income. The same is contrary to law

laid down by the Apex Court in the case of SARLA

VARMA.

d) Fourthly, as per the law laid down by the Hon'ble

Supreme Court in the case of PRANAY SETHI (supra),

the claimants are entitled for Rs.15,000/- towards 'loss of

estate' and Rs.15,000/- towards 'funeral expenses'.

e) Fifthly, 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 is entitled to compensation of Rs.40,000/- under

the head of 'loss of love and affection and consortium'.

f) Lastly, considering the age and avocation of the

deceased, the overall compensation awarded by the

Tribunal is inadequate and on the lower side.

With the above contentions, the learned counsel

sought to allow the appeal.

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7. On the other hand, the learned counsel for the

Insurance Company has raised the following counter-

contentions:

a) Firstly, as on the date of passing the award by the

Tribunal, there were only 3 claimants. Therefore, the

Tribunal has rightly deducted 1/3rd of the income of the

deceased towards personal expenses.

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.

c) Lastly, in light of the Division Bench decision of this

Court in the case of MS.JOYEETA BOSE AND OTHERS -

V- VENKATESHAN.V AND OTHERS (MFA 5896/2018

AND CONNECTED MATTERS DISPOSED OF ON

24.8.2020), the rate of interest awarded by the Tribunal

at 9% p.a. on the compensation amount is on the higher

side.

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With the above contentions, the learned counsel

sought to dismiss the appeal.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

9. It is not in dispute that Girish Patil died in the road

traffic accident occurred on 02.07.2019 due to rash and

negligent driving of the offending vehicle by its driver.

10. The claimants assert that the deceased was aged

about 42 years at the time of the accident and had a

monthly income of Rs.25,000/- by working as Sales

Executive Officer in MDH Basanth Agency; produced salary

certificate at Ex.P-6 and examined the authorized person

from the agency. The Tribunal considering the same, has

rightly assessed the income at Rs.25,000/- p.m. To the

aforesaid income, 25% has been rightly 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

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Rs.31,250/-. After the accident, the claim petition was

filed by wife, two minor children and mother of the

deceased seeking compensation. However, before passing

the judgment and award of the Tribunal, the mother of the

deceased passed away. Since as on the date of the

accident, there were four claimants, 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 Tribunal has rightly

applied multiplier of '14'. Thus, the claimants are entitled

to compensation of Rs.39,37,500/-

(Rs.31,250*12*14*3/4) on account of 'loss of

dependency'.

11. 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'. Claimant No.1, wife of the deceased is

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entitled for compensation of Rs.40,000/- under the head

of 'loss of spousal consortium'.

12. In view of the law laid down by the Supreme Court in

the case of 'MAGMA GENERAL INSURANCE' (supra),

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'.

13. Thus, the claimants are entitled to the following

compensation:

           Compensation under                 Amount in
             different Heads                    (Rs.)

         Loss of dependency                     39,37,500

         Funeral expenses                          15,000

         Loss of estate                            15,000

         Loss of spousal consortium                40,000

         Loss of Parental consortium               80,000

                          Total                40,87,500

14. In the result, the following order is passed:

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 HC-KAR




                          ORDER


a)    The appeal is allowed in part.

b)    The judgment of the Claims Tribunal is modified.

c)    The claimants are entitled to a total compensation of

Rs.40,87,500/- as against Rs.35,69,944/- awarded

by the Tribunal.

d) Following the judgment of the Division Bench of this

Court in the case of 'MS.JOYEETA BOSE' (supra),

the enhanced compensation shall carry interest at

6% p.a.

e) The Insurance Company is directed to deposit the

compensation amount along with interest 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 a copy of this judgment.