Karnataka High Court

The Legal Manager vs Janabai And Ors on 1 July, 2025

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                    MFA No. 201684 of 2025
                                                C/W MFA No. 201605 of 2025

                   HC-KAR



                             IN THE HIGH COURT OF KARNATAKA,
                                    KALABURAGI BENCH
                            DATED THIS THE 1ST DAY OF JULY, 2025
                                          PRESENT
                        THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                                           AND
                         THE HON'BLE MRS. JUSTICE K S HEMALEKHA

                        MISC. FIRST APPEAL NO.201684 OF 2025 (MV-D)
                                            C/W
                        MISC. FIRST APPEAL NO.201605 OF 2025 (MV-D)

                   IN MFA NO.201684/2025
                   BETWEEN:
                   THE LEGAL MANAGER,
                   HDFC GENERAL INSURANCE CO. LTD
                   UNIT NO.108, 109, 110, 111, 1ST FLOOR,
                   GENEVA HOUSE NO.14, CUNNINGHAM ROAD,
                   BENGALURU.
                                                               ...APPELLANT
                   (BY SRI. SUBHASH MALLAPUR, ADVOCATE)
                   AND:
Digitally signed
by KHAJAAMEEN      1.   JANABAI
MALAGHAN                W/O. LATE MARUTI JAMADAR
Location: HIGH
COURT OF                AGE: 31 YEARS, OCC: HOUSEHOLD
KARNATAKA               R/O: BHUSNOOR, SANGOLGI,
                        TQ. ALAND, DIST.KALABURAGI-585102.
                   2.   SHRISHAIL
                        S/O. MARUTI JAMADAR
                        AGE: 12 YEARS

                   3.   SUPRIYA
                        D/O. MARUTI JAMADAR
                        AGE: 10 YEARS
                   4.   SHRUTI
                        D/O. MARUTI JAMADAR
                        AGE: 8 YEARS
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                                 MFA No. 201684 of 2025
                             C/W MFA No. 201605 of 2025

HC-KAR



5.   GUNDAPPA
     S/O. RAMALING JAMADAR
     AGE: 58 YEARS

6.   SHANTABAI
     W/O. GUNDAPPA JAMADAR
     AGE: 55 YEARS
     CLAIMANTS/REPONDENTS NO.2, 3 AND 4 ARE
     MINORS U/G OF NATURAL MOTHER
     JANABAI W/O LATE MARUTI JAMADAR
     (RESPONDENT NO.1)

     ALL ARE R/O BHUSANOOR SANGOLGI
     TQ. ALAND, NOW AT PRESENT
     ALL ARE RESIDING AT
     J.R.NAGAR, ALAND ROAD,
     KALABURAGI-583102.

7.   BALAMURALI KRISHNA NELAKUDATI
     S/O. ANJAIAH
     AGE: MAJOR, OCC: BUSINESS
     R/O. TYPE 3 CENTRAL EXCISE STAFF COLONY
     NEAR T.V. STATION, KAPNOOR,
     KALABURAGI-585102.
8.   SIDDARAM
     S/O. LADAPPA BIRADAR
     AGE: MAJOR, OCC: BUSINESS
     R/O. HONNALLI, TQ. ALAND,
     DIST. KALABURAGI-583102.
                                          ...RESPONDENTS
(BY SRI. NAGARAJ PATIL, ADV. FOR C/R1 TO R6;
V/O. DATED 24.06.2025, NOTICE TO R8 IS DISPENSED WITH;
V/O. DATED 01.07.2025 NOTICE TO R7 IS DISPENSED WITH)

      THIS MFA IS FILED UNDER SECTION 173 (1) M. V. ACT,
1988, PRAYING TO ALLOW THE ABOVE APPEAL BY SETTING
ASIDE THE JUDGMENT AND AWARD DATED 24.07.2024, IN
MVC.NO.698/2017 PASSED BY THE IV ADDL. SENIOR CIVIL
JUDGE AND M.A.C.T. KALABURAGI.
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                                 MFA No. 201684 of 2025
                             C/W MFA No. 201605 of 2025

HC-KAR



IN MFA NO.201605/2025

BETWEEN:

1.   JANABAI
     W/O. LATE MARUTI JAMADAR,
     AGE: 31 YEARS, OCC: HOUSEHOLD,
     R/O. VILLAGE BHUSNOOR SANGOLGI,
     TQ. ALAND, DIST: KALABURAGI.

2.   SHRISHAIL
     S/O. MARUTI JAMADAR,
     AGE: 13 YEARS, OCC: STUDENT.

3.   SUPRIYA
     D/O. MARUTI JAMADAR,
     AGE: 11 YEARS, OCC: STUDENT.

4.   SHRUTI
     D/O. MARUTI JAMADAR,
     AGE: 09 YEARS, OCC: STUDENT.

5.   GUNDAPPA
     S/O. RAMALING JAMADAR,
     AGE: 58 YEARS, OCC: AGRICULTURE.

6.   SHANTABAI
     W/O. GUNDAPPA JAMADAR,
     AGE: 56 YEARS, APPELLANTS NO.2, 3 AND 4
     ARE MINORS
     U/G OF NATURAL MOTHER JANABAI,
     W/O LATE MARUTI JAMADAR
     APPELLANT NO.1,
     ALL R/O. BHUSNOOR SANGOLGI, TQ. ALAND,
     NOW AT PRESENT
     ALL ARE RESIDING AT J.R.NAGAR,
     ALAND ROAD, KALABURAGI-585302.
                                             ...APPELLANTS

(BY SRI. NAGARAJ PATIL, ADVOCATE)
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                                  MFA No. 201684 of 2025
                              C/W MFA No. 201605 of 2025

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AND:

1.   BALAMURALI KRISHNA NELAKUDATI
     S/O. ANJAIAH,
     AGE: MAJOR, OCC: BUSINESS,
     R/O: TYPE 3 CENTRAL EXCISE STAFF COLONY,
     NEAR T.V. STATION, KAPNOOR,
     KALABURAGI-585101.

2.   SIDDARAM
     S/O LADAPPA BIRADAR,
     AGE: MAJOR, OCC: BUSINESS,
     R/O. HONNALLI, TQ. ALAND,
     DIST. KALABURAGI-585302.

3.   HDFC, GENERAL INSURANCE CO. LTD.
     UNIT NO.108, 109, 110, 111,
     1ST FLOOR, GENEVA HOUSE NO.14,
     CUNNINGHAM ROAD, BENGALURU-56

                                           ...RESPONDENTS

(BY SRI. SUBHASH MALLAPUR, ADV. FOR R3
V/O. DATED 01.07.2025 NOTICE TO R1 & R2 DISPENSED
WITH)
       THIS MFA IS FILED UNDER SECTION 173 (1) M.V. ACT,
1988, PRAYIN0G TO CALL FOR THE RECORDS, TO MODIFY THE
JUDGMENT     AND   AWARD   DATED   24.07.2024   PASSED   IN
MVC.NO.698/2017 ON THE FILE OF IV ADDL. SENIOR CIVIL
JUDGE AND M.A.C.T. AT KALABURAGI AND ALLOW THIS
APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.10,00,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT AND ORDER FOR COSTS OF THIS
APPEAL AND ETC.,
       THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                       MFA No. 201684 of 2025
                                   C/W MFA No. 201605 of 2025

HC-KAR



CORAM:        HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
              AND
              HON'BLE MRS JUSTICE K S HEMALEKHA

                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

These two appeals arise out of the judgment and

award dated 24.07.2024 passed by the Court of IV

Additional Senior Civil Judge and MACT, at Kalaburagi in

MVC.No.698/2017.

02. The appeals are taken up for final disposal, with

the consent of the learned counsels appearing on either

side.

03. The Tribunal has awarded a total compensation

of Rs.21,00,500/- with future interest at the rate of 6%

p.a. from the date of petition till realization, to the

claimants, in respect of the death of one Maruti Jamadar in

a road traffic accident, which took place on 10.11.2016 at

about 08.30 p.m. near Guddamma Temple, at Bhoosnoor

village, NSL Sugar Factory Cross.

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04. Claimants are the wife, children and parents of

the deceased.

05. The insurer has preferred MFA.No.201684/2025

challenging the liability and the claimants have preferred

MFA.No.201605/2025 seeking enhancement of

compensation.

06. It is contended by the learned counsel for the

insurance company that as per spot mahazar and sketch

map, the accident occurred on the right side of the road,

towards Bhoosnoor village, where the deceased was

proceeding and therefore, the accident was on account of

his fault. He contended that the liability fixed on the

offending vehicle which is insured with the appellant

herein is erroneous. He further contended that the rider of

the motorcycle insured with appellant herein was not

possessing a valid and effective driving license and

therefore, the Tribunal was not justified in fixing the

liability on the insurance company.

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07. Per contra, learned counsel appearing for the

claimants contended that the Tribunal having appreciated

the material on record has rightly come to the conclusion

that it was the rider of the opposite vehicle, who was

responsible for the accident and therefore, fixed the

liability on the insurer of the said vehicle. He contended

that there is no material placed on record to show that the

rider of the motorcycle was not holding a valid and

effective driving license. He further contended that the

Tribunal has awarded a lesser compensation towards loss

of consortium and therefore, seeks to enhance the

compensation awarded by the Tribunal.

08. We have given our anxious consideration to the

rival submissions and perused the materials on record.

09. According to claimants, on 10.11.2016 at about

08.30 p.m., the deceased Maruti Jamadar along with one

P.M. Nagaraj s/o Shankar Jamadar had been to Moulali

Darga on motorcycle bearing Reg.No.KA-32/EK-1014 and

after performing pooja, while they were returning to

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Bhoosnoor village, near NSL Sugar Factory Cross, a

motorcycle bearing Reg.No.KA-32/Q-0692 came from the

opposite direction in a high speed and rash and negligent

manner and hit against the motorcycle in which the

deceased and another were traveling, due to the said

accident, Maruti Jamadar sustained severe injuries and

succumbed to the injuries on the way to the hospital.

10. It is not in dispute that the motorcycle bearing

Reg.No.KA-32/Q-0692 had a valid insurance policy from

21.04.2016 to 20.04.2017 issued by the appellant.

11. Primary contention of the learned counsel for

the insurance company is that the accident was on account

of the fault of the deceased himself, as he came to the

wrong side of the road and caused the accident. To

buttress the said contention, the learned counsel has

relied on the spot mahazar, marked as Ex.R.2 before the

Tribunal.

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12. The Tribunal while appreciating the said

document has came to the conclusion that in the absence

of evidence of the investigating officer or the eyewitnesses

to the effect as to how the accident occurred, merely on

the basis of the hand sketch map prepared by the

investigating officer, it cannot be believed that, the

accident was due to the rash and negligent driving of the

deceased. The said finding of the Tribunal cannot be held

to be erroneous. In this case it is not in dispute that FIR

and charge-sheet was filed against the rider of the

motorcycle bearing Reg.No.KA-32/Q-0692. The same has

remained unchallenged. Before the Tribunal no witness

was examined to establish that the deceased came to the

wrong side of the road and caused the accident, in support

of the spot shown in Ex.R.2. Insofar as the second leg of

contention that the rider of the motorcycle was not holding

a valid driving license, we find that there is no such

material placed to accept the said contention. The charge-

sheet was not filed against the rider of the motorcycle for

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not possessing a valid driving license. Hence, we are of the

considered view that the Tribunal rightly fixed the liability

on the appellant / insurer to pay the compensation.

13. The Tribunal has awarded the compensation

under the following heads:-

     Sl.             Heads                      Amount
     No.
     1.      Towards loss of love
             and          affection Rs.60,000/-
             (Rs.10,000/- x 6)

     2.      Loss of consortium             Rs.20,000/-

     3.      Towards     loss          of
                                            Rs.18,000/-
             estate

     4.      Towards        funeral
             expenses          and
                                    Rs.18,000/-
             transportation
             charges

     5.      Loss of dependency             Rs.19,84,500/-

             Total                          Rs.21,00,500/-

14. The Tribunal has awarded a sum of Rs.20,000/-

towards loss of consortium. It is relevant to extract

paragraph Nos.21, 23 and 24 of the judgment of the

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Hon'ble Apex Court in the case of Magma General

Insurance Co. Ltd. vs Nanu Ram Alias Chuhru Ram

and others reported in 2018 (18) SCC 130, which are

as under:

"21. A Constitution Bench of this Court in Pranay Sethi [(2017) 16 SCC 680] dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, "consortium" is a compendious term which encompasses "spousal consortium", "parental consortium", and "filial consortium". The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse.

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21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husband- wife which allows compensation to the surviving spouse for loss of "company, society, cooperation, affection, and aid of the other in every conjugal relation".

21.2. Parental consortium is granted to the child upon the premature death of a parent, for loss of "parental aid, protection, affection, society, discipline, guidance and training".

21.3. Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit.

22. ******

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23. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count.

However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium.

24. The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under "loss of consortium" as laid down in. Pranay Sethi. In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs 40,000 each for loss of filial consortium."

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15. Considering the relationship of the claimants

with the deceased and in the facts and circumstances of

the case, we deem it appropriate to award a sum of

Rs.40,000/- each to the claimants towards the loss of

consortium. No separate compensation needs to be

awarded towards loss of love and affection.

16. The deceased was aged 25 years at the time of

accident. According to the claimants, the deceased was an

agriculturist and he was earning a sum of Rs.10,000/- per

month. The Tribunal, in the absence of cogent material

placed on record, has taken the notional income of the

deceased at the rate of Rs.8,750/- per month. An addition

of 40% is made towards future prospects and the income

was arrived at Rs.12,250/- per month. The annual income

was therefore Rs.1,47,000/-. After deducting 1/4th of the

said income and adopting 18 as the multiplier, the Tribunal

has awarded a total sum of Rs.19,84,500/- towards loss

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of dependency. The compensation awarded towards loss of

estate and towards funeral expenses is just and proper.

Hence, we re-assess the compensation as under:

    Sl.              Heads                      Amount

    No.

    1.      Towards      Loss         of
            Consortium                     Rs.2,40,000=00
            (Rs.40,000x6)

    2.      Towards      loss         of
                                           Rs.18,000=00
            Estate


    3.      Towards      loss         of
                                           Rs.18,000=00
            Funeral expenses


    4.      Loss of dependency             Rs.19,84,500=00


            Total
                                           Rs.22,60,500=00
            Compensation

17. Accordingly, the following:

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ORDER

I. MFA No.201684/2025 is dismissed.

II. MFA No.201605/2025 is allowed in part.

III. The judgment and award dated 24.07.2024 passed

by the Court of IV Additional Senior Civil Judge and

MACT, at Kalaburagi in MVC.No.698/2017, is hereby

modified.