Karnataka High Court
The Divisional Manager vs Smt Kalawati W/O Lankanna Khandekar on 15 January, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:587
MFA No. 100017 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.100017 OF 2018 (MV-D)
BETWEEN:
THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
CLUB ROAD, BELAGAVI-590002
NOW REPRESENTED BY ITS
AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI RAJASHEKHAR S.ARANI, ADVOCATE)
AND:
1. SMT. KALAWATI
W/O. LANKANNA KHANDEKAR,
AGE: 23 YEARS, OCC: HOUSEWIFE,
R/O: KOKATNUR, TQ: ATHANI,
DIST: BELAGAVI-591230.
Digitally signed by
MALLIKARJUN
RUDRAYYA 2. KUM. AKILESH
KALMATH
Location: HIGH
S/O. LANKANNA KHANDEKAR,
COURT OF AGE: 4 YEARS, OCC: NIL,
KARNATAKA
R/O: KOKATANUR, TQ: ATHANI,
DIST: BELAGAVI-591230.
3. KUM. AMRUT
S/O. LANKANNA KHANDEKAR,
AGE ABOUT 2 YEARS,
R/O: KOKATANUR, TQ: ATHANI,
DIST: BELAGAVI-591230.
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NC: 2025:KHC-D:587
MFA No. 100017 of 2018
4. SHRI CHIDANAND
S/O. NINGAPPA KHANDEKAR,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: KOKATANUR, TQ: ATHANI,
DIST: BELAGAVI-591230.
5. SMT. SIDDAWWA
W/O. CHIDANAND KHANDEKAR,
AGE: 52 YEARS, OCC: HOUSEWIFE,
R/O: KOKATANUR, TQ: ATHANI,
DIST: BELAGAVI-591230.
6. SHRI SANGANGOUDA
HUCHAPPAGOUDA NADAGOUDA,
AGE: MAJOR, OCC: BUSINESS,
R/O: M/S. NADAGOUDA ROADLINES,
STATION BACK ROAD, VIJAYAPURA-586101,
(OWNER OF TRUCK BEARING NO.KA28/B 2549.
...RESPONDENTS
(BY SRI HARISH S.MAIGUR, ADVOCATE FOR R1;
SRI SANTOSH B., ADVOCATE FOR R4 AND R5;
NOTICE TO R6 IS SERVED;
R2 AND R3 ARE MINORS REP. BY R1)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED 21.09.2017 PASSED IN
MVC NO.1818/2016 ON THE FILE OF THE VIII ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2025:KHC-D:587
MFA No. 100017 of 2018
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Though this appeal is listed for admission, with
consent of learned counsel for the parties, it is taken up
for final disposal.
2. This appeal is filed under Section-173(1) of the
Motor Vehicles Act, 1988 (hereinafter referred to as 'MV
Act' for brevity) by the appellant-Insurance Company
challenging the judgment and award dated 21.09.2017
passed by the Court of VIII Additional District and
Sessions Judge, Belagavi, in MVC No.1818/2016
(hereinafter referred to as the 'Tribunal'), questioning the
quantum compensation awarded to the claimants.
3. Heard the arguments and perused the material
placed before the Court.
4. Brief facts giving rise for filing of this appeal is
that on 11/01/2015 at about 19-35 hours Lankanna S/o
Chidanand Khandekar (hereinafter referred to as the
NC: 2025:KHC-D:587
'deceased') was proceeding from Kokatnur to Ratnapur on
motorcycle bearing registration No.KA-23/Y-3351 in a
moderate speed to take back his wife Kalawati. At about
19-35 hours, when the deceased came before 1 km from
Telansang cross, on Athani-Bijapur road, at that time one
truck bearing registration No.KA-28/B-2549 (hereinafter
referred to as the offending vehicle) came with high speed
in very rash and negligent manner and took the offending
vehicle towards wrong side and dashed to the motorcycle
and caused the accident. Due to the impact the deceased
sustained grievous injuries. Immediately after the accident
the deceased was shifted to Government Hospital, Athani
then shifted to Wanless Hospital, Miraj for higher
treatment. During the treatment at Wanless Hospital,
Miraj, the deceased succumbed to the injuries at 04-00
hours on 12/01/2015. Hence, filed the claim petition.
5. The Tribunal has awarded compensation under
various heads as under:
NC: 2025:KHC-D:587
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 11,47,500/-
2. Towards loss of consortium 1,00,000/-
3. Towards loss of love and 1,50,000/-
affection
4. Towards loss of estate 25,000/-
5. Towards funeral and 25,000/-
transportation dead body
6. Towards medical expenses 8,580/-
Total: 14,56,080/-
6. The Tribunal committed an error in not
awarding compensation under the head of loss of future
prospects. There are five dependents, therefore the
compensation awarded by the Tribunal under the head of
loss of dependency is also on lesser side. Therefore,
considering the overall amount of compensation awarded
by the Tribunal, if correct parameters are adopted, then
the claimants would have been entitled to enhanced
compensation, but the claimants have not preferred
appeal. Therefore, though the amount of compensation
awarded by the Tribunal is on lesser side, but in the
absence of appeal by claimants, the same cannot be
enhanced. Therefore, the claimant might have satisfied
NC: 2025:KHC-D:587
with the quantum of compensation awarded by the
Tribunal.
7. Hence, there is no reason to reduce
compensation. Accordingly, the appeal is dismissed.
8. The amount in deposit made by the appellant-
Insurance Company shall be transmitted to the Tribunal.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP
