Karnataka High Court
Yankareddy Shant Gouda Nalvar And Ors vs Jairamrddy Mallareddy And Anr on 24 July, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC-K:4206
MFA No. 200429 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 200429 OF 2025 (MV-D)
BETWEEN:
1. YANKAREDDY SHANT GOUDA NALVAR
AGE: 38 YEARS, OCC: PRIVATE SERVICE,
2. PRATHIK REDDY YANKA REDDY NALVAR,
AGE: 12 YEARS,
3. PRANAVPRATHIK REDDY YANKA REDDY NALVAR,
AGE: 9 YEARS,
SINCE APPELLANT NO. 2 & 3 ARE MINORS,
R/ BY THEIR FATHER APPELLANT NO.1
ALL ARE R/O: MUDNOOR (B),
SHORAPUR TQ: YADGIR DIST - 585 224.
...APPELLANTS
(BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
Digitally signed
by RAMESH AND:
MATHAPATI
Location: HIGH 1. JAIRAMREDDY MALLAREDDY
COURT OF
KARNATAKA AGE: 43 YEARS, OCC: BUSINESS,
R/O: MALLA (B), TQ: JEWARGI,
KALBURGI DIST,.
DISTRICT : BAGALKOT - 585 310.
2. THE MANAGER LEGAL / CLAIMS,
TATA AIG GENERAL INSURANCE COM. LTD,
UNIT NO.2 AND 3, 2ND FLOOR,
SRI KRISHNA COMPLEX,
M.G. ROAD, VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SMT PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
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NC: 2025:KHC-K:4206
MFA No. 200429 of 2025
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO, ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY
MODIFYING THE JUDGMENT AND AWARD DATED 08.12.2022
PASSED BY THE COURT OF IV ADDL SENIOR CIVIL JUDGE AND
MEMBER, MACT XV AT VIJAYAPURA, IN M.V.C NO. 1446/2021, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA IS COMING ON FOR FURTHER ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and award dated 08.12.2022
passed by IV Additional Senior Civil Judge and Member, MACT-
XV, Vijayapura, (for short, 'Tribunal') in MVC no.1446/2021,
this appeal is filed.
2. Sri. Sanganagouda V. Biradar, learned counsel
submitted appeal was by claimants for enhancement of
compensation. Insurer had satisfied award and therefore,
occurrence of accident involving insured vehicle on 28.12.2020
leading to death of Smt.Shridevi and claimants being entitled
for compensation were not in dispute.
3. It is submitted that claimants were husband and
two children of deceased and tribunal did not award appropriate
compensation to them under conventional heads. It was
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HC-KAR
submitted, assessment of compensation towards loss of
dependency was also under challenge.
4. On other hand, Smt.Preeti Patil Melkundi, learned
counsel for Insurer would oppose appeal.
5. Heard learned counsel, perused impugned
judgment and award.
6. From above and since appeal is confined only to
seeking for enhancement of compensation under conventional
heads, point that would arise for consideration is:
"Whether tribunal erred in awarding inadequate
compensation under conventional heads and claimants
are entitled for enhancement of compensation towards
same?"
7. Same is answered partly in affirmative for following
reasons:
8. As per decision of Hon'ble Supreme Court in case of
Magma General Insurance Company Limited v. Nanu Ram
Alias Chuhru Ram and Others1, claimants herein who are
husband and wife of deceased would be entitled for Rs.40,000/-
towards spousal consortium and Rs.40,000/- each of claimants
(2018) 18 SCC 130
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HC-KAR
no.2 and 3 towards loss of filial consortium. In addition,
Rs.15,000/- towards funeral expenses and Rs.15,000/- towards
loss of estate in common i.e., (Rs.40,000/- x 3 + 30,000/-)
Rs.1,50,000/-.
9. As per decision of Hon'ble Supreme Court in case of
National Insurance Company Limited v. Pranay Sethi and
Others2, 10% escalation has to be added for every three years
to award under conventional heads. Since six years have lapsed
after decision of Pranay Sethi's case (supra), 20% has to be
added towards escalation which would be Rs.30,000/-. Thus,
claimants would be entitled for enhanced compensation as
follows:
Sl.No. Heads Amount
1 Towards loss of dependency Rs.24,64,128/-
2 Loss of consortium in total Rs.1,20,000/-
3 Funeral expenses Rs.15,000/-
4 Loss of estate Rs.15,000/-
5 Towards escalation (20% of Rs.30,000/-
1,20,000)
Total Rs.26,44,128/-
10. Consequently, following:
AIR 2017 SC 5157
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HC-KAR
ORDER
i. Appeal is allowed in part, judgment and award
dated 08.12.2022 passed by IV Additional
Senior Civil Judge and Member, MACT-XV,
Vijayapura, in MVC no.1446/2021, is modified.
ii. Claimants are held entitled for re-assessed
compensation of Rs.26,44,128/- as against
Rs.25,44,128/- awarded by Tribunal, with
interest at 6% per annum from date of claim
petition till deposit.
iii. Respondent-insurer to deposit same before
Tribunal within six weeks.
Sd/-
(RAVI V HOSMANI)
JUDGE
AV,MSR
