Karnataka High Court

Sindhoorappa And Ors vs Mahesh And Ors on 30 July, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                                      MFA No. 200850 of 2023


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                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                            DATED THIS THE 30TH DAY OF JULY, 2025

                                          PRESENT
                            THE HON'BLE MR. JUSTICE H.P.SANDESH
                                            AND
                             THE HON'BLE MR. JUSTICE T.M.NADAF
                        MISCL. FIRST APPEAL NO.200850 OF 2023 (MV-D)
                   BETWEEN:

                   1.   SINDHOORAPPA
                        S/O KALAPPA MADAR @ ASANGI,
                        AGE: 72 YEARS, OCC: NIL,
                   2.   YALLAWWA
                        W/O SINDHOORAPPA MADAR @ ASANGI,
                        AGE: 67 YEARS, OCC: NIL,
                   3.   SHOBHA
                        W/O SHRIKANT MADAR @ ASANGI,
                        AGE: 44 YEARS,
                        OCC: HOUSEHOLD WORK,
Digitally signed
by SACHIN
                   4.   SOUMYA
Location: HIGH
COURT OF                D/O SHRIKANT MADAR @ ASANGI,
KARNATAKA               AGE: 22 YEARS,
                        OCC: STUDENT,

                   5.   SACHIN
                        S/O SHRIKANT MADAR @ ASANGI,
                        AGE: 19 YEARS,
                        OCC: STUDENT,

                   6.   SWATI
                        D/O SHRIKANT MADAR @ ASANGI,
                        AGE: 17 YEARS,
                        M/G BY APPELLANT NO.3,
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                                   MFA No. 200850 of 2023


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7.   SUDHA
     D/O SHRIKANT MADAR @ ASANGI,
     AGE: 14 YEARS,
     M/G BY APPELLANT NO.3,

     SINCE APPELLANTS NO.6 AND 7 ARE,
     MINORS, REPRESENTED BY THEIR MOTHER
     APPELLANT NO.3,
     ALL ARE RESIDENT OF KURABARDINNI,
     BASAVANA-BAGEWADI TALUK - 586 210.

                                              ...APPELLANTS

(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND:

1.   MAHESH
     S/O MADHUKAR SHITOLE,
     AGE: 44 YEARS,
     OCC: BUSINESS,
     RESIDENT OF SHITLE VAST NO.2,
     KHADKI, TALUK DAUND,
     DISTRICT: PUNE - 413 130.

2.   THE MANAGER LEGAL/CLAIMS,
     RELIANCE GENERAL INSURANCE
     COMPANY LIMITED, 2ND FLOOR,
     V.A. KALABURAGI SQUARE,
     DESHPANDE NAGAR,
     DESAI CROSS, HUBLI-29.

3.   TIMMANAGOUDA
     S/O MALLANAGOUDA HOSAMANI,
     AGE: 44 YEARS,
     OCC: BUSINESS,
     RESIDENT OF GATTIGANUR,
     POST RAMWADGI, TALUK: HUNAGUND,
     DISTRICT: BAGALKOT-587 118.

4.   THE BRANCH MANAGER,
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                                     MFA No. 200850 of 2023


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   THE NEW INDIA ASSURANCE
   COMPANY LIMITED, HANAMASHETTY BUILDING,
   GURUKUL ROAD, VIJAYAPURA - 586 101.

                                             ...RESPONDENTS

(BY SMT PREETI PATIL ADV. FOR R2;
    SRI SUDARSHAN M. ADV. FOR R4;
    V/O DATED 16.06.2023 NOTICE TO R1 &
    R3 DISPENSED WITH )

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF M.V.C ACT, PRAYING TO ALLOW THIS
APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN
THE CLAIM PETITION BY MODIFYING THE JUDGMENT AND
AWARD DATED 05.01.2022 PASSED BY THE COURT OF IV
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-XV, AT
VIJAYAPURA, IN M.V.C NO.874/2018, IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE H.P.SANDESH
           AND
           HON'BLE MR. JUSTICE T.M.NADAF


                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

This appeal is filed by claimants for enhancement of

compensation awarded in terms of judgment and order

dated 05.01.2022 in MVC no.874/2018 passed by IV Addl.

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Senior Civil Judge and Member, MACT-XV, Vijayapura

(herein after referred to as 'tribunal' for brevity).

2. Date of accident, death of Shrikant Madar,

involvement of vehicle and liability are not in dispute. Only

dispute in this appeal is in respect of quantum of

compensation.

3. Heard Sri Sanganagouda V. Biradar, learned

counsel for appellants and Smt. Preeti Patil Melkundi,

learned counsel for respondent No.2- Insurance Company

and Sri Sudharshan M., learned counsel for respondent

No.4-insurance company.

4. Sri Sanganagouda B. Biradar, learned counsel for

appellants has taken this Court through judgment and

award passed by tribunal and would submit that on the

date of accident i.e., on 06.09.2018, the deceased

Shrikant Madar was aged 45 years, earning Rs.30,000/-

p.m. from agriculture. Notional income for year 2018 as

per chart prepared by KSLSA is Rs.11,750/- and tribunal

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has taken same. But, tribunal has not added future

prospects in terms of decision of Hon'ble Apex Court in

case of National Insurance Company Limited v.

Pranay Sethi and others reported in (2017) 16 SCC

680. He further submits that the award under

conventional heads is also on lower side, considering

number of defendants, being seven in number.

Accordingly, he sought for allowing appeal and enhancing

compensation.

5. Per contra, Smt.Preeti Patil Melkudni as well as

Sri.Sudharsham M, learned counsel submitted that in

absence of income proof, tribunal has properly taken

income of deceased at Rs.11,750/-. Tribunal has also

awarded appropriate compensation under other heads.

Insofar as loss of consortium to appellant no.1 is

concerned, tribunal has awarded Rs.50,000/- and towards

loss of filial love and affection in respect of other claimants

tribunal has awarded Rs.75,000/-. Tribunal awarded

Rs.20,000/- towards funeral expenses and obsequies and

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Rs.10,000/- towards loss of estate. As such, the award is

just and proper and does not call for any interference.

Accordingly, sought to dismiss appeal.

6. Having heard counsel and after perusing entire

appeal papers, questions which arises for consideration

are:

"i) Whether the compensation awarded by tribunal befits within the expression just compensation?

ii) If it is not so, whether interference by this Court is called for enhancement?"

7. Our answer to above points for consideration is in

partly affirmative for following reasons.

8. Admittedly, accident occurred in the year 2018.

Income fixed by KSLSA for year 2018 is Rs.11,750/-. In

view of law laid down by Hon'ble Supreme Court in case of

Pranay Sethi (Supra), taking into consideration age of

deceased as 45 years, 25% ought to have been added

towards future prospects. Considering number of

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defendants, in terms of law laid down by Hon'ble Apex

Court in case of Magma General Insurance Company

Limited vs. Nanu Ram Alias Chuhru Ram and others1

reported in (2018) 18 SCC 130, a sum of Rs.40,000/-

has to be added towards filial consortium to each of the

defendants i.e.Rs.2,80,000/-. Towards funeral expenses

and loss of estate, Rs.15,000/- to each head is awarded.

In view of judgment of Hon'ble Supreme Court in case of

Pranay Sethi (supra), 10% has to be added as escalation

on the compensation awarded under conventional heads,

for each three years from 2017. In case on hand, there

are two terms of three years. Accordingly, a sum of

Rs.62,000/- is required to be awarded under the head of

10% escalation for two terms i.e.20%. Accordingly, on re-

determination of compensation same would be as follows:

    Heads of compensation                 Amount

    Loss of future dependency          Rs.19,74,000/-
    ([11,750+ 25%] x 12 x 14
               - 1/5)


    (2018) 18 SCC 130

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        Loss of consortium                     Rs.2,80,000/-
           (40,000 x 7)
          Loss of estate                       Rs.15,000/-

         Funeral expenses                      Rs.15,000/-

          20% escalation                       Rs.62,000/-

                 Total                     Rs.23,46,000/-

9. For aforesaid reasons, following order:

ORDER

i) Appeal is allowed in part.

ii) Judgment and order dated 05.01.2022 in

MVC no.874/2018 passed by IV Addl. Senior

Civil Judge and MACT-XV, Vijayapura is

modified. Appellants are entitled for

compensation of Rs.23,46,000/- as against

Rs.17,34,200/- awarded by tribunal,

accordingly the enhancement would be at

Rs.6,11,800/-, same shall carry interest at

6% p.a. from date of petition till realization.

iii) Both insurance companies shall deposit

enhanced compensation within a period of

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six weeks from date of receipt of copy of

this order before concerned tribunal.