Karnataka High Court
Smt. Yellavva W/O Bharamappa Agadi vs Epp Composites Pvt.Ltd on 6 June, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:7376
MFA No. 101948 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 101948 OF 2022 (MV-D)
BETWEEN:
1. SMT. YELLAVVA
W/O BHARAMAPPA AGADI,
AGED ABOUT 42 YEARS,
OCC: HOUSEHOLD WORK,
2. MANJUNATH
S/O BHARAMAPPA AGADI,
AGED ABOUT 24 YEARS,
OCC: COOLIE,
3. SHIVANANDA
S/O BHARAMAPPA AGADI,
AGED ABOUT 22 YEARS,
Digitally signed by
MALLIKARJUN RUDRAYYA
OCC: STUDENT,
KALMATH
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH 4. MALLIKARJUN
S/O BHARAMAPPA AGADI,
AGED ABOUT 19 YEARS,
OCC: STUDENT,
5. NINGARAJ
S/O BHARAMAPPA AGADI,
AGED ABOUT 16 YEARS, OCC: STUDENT,
APPELLANTS NO.5 SINCE MINOR ARE
REPRESENTED BY THEIR NATURAL
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NC: 2025:KHC-D:7376
MFA No. 101948 of 2022
HC-KAR
MOTHER GUARDIAN
SMT. YELLAVVA W/O BHARAMAPPA AGADI,
ALL ARE R/O: BULLNAIKANA HULIKATTI,
KALGHATAGI, DIST: DHARWAD-580 002.
... APPELLANTS
(BY SRI. ANKIT DESAI, ADVOCATE)
AND:
1. EPP COMPOSITES PVT. LTD.,
PLOT NO.2446, KRANTI GATE GIDC,
IND: ESTATE, AT METHODA,
DIST: RAJKOT, STATE: GUJARAT,
PIN CODE-360 007.
2. THE DIVISIONAL MANAGER,
UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.,
PLOT NO.EL 94, T.T.C. INDUSTRIAL AREA,
MHAPE NAVI MUMBAI, STATE: MAHARASTRA,
PIN CODE-400 701.
... RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2;
R1-DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1)OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE
THE COMPENSATION AWARD DATED 04.08.2021 PASSED IN
M.V.C. NO.246/2018 ON THE FILE OF THE III ADDITIONAL
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, AT DHARWAD.
THIS APPEAL, COMING ON FOR HEARING-INTERLOCUTORY
APPLICATION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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NC: 2025:KHC-D:7376
MFA No. 101948 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed under Section-173(1) of the Motor
Vehicles Act 1988, by the appellants-claimants, calling in
question the judgment and award dated 04.08.2021, passed in
M.V.C.No.246/2018, on the file of the III Additional Senior Civil
Judge and Addl. M.A.C.T, Dharwad (hereinafter referred to as
'the Tribunal' for brevity) seeking enhancement of
compensation.
2. Brief facts of the case are that on 30.03.2018
deceased Bharamappa S/o Basappa Agadi and other villagers
were going to Savadatti in a HMT tractor bearing No.2522 to
offer Pooja to Yellamma deity. He was driving the said tractor
slowly and cautiously on National Highway No.4 and when they
reached near Jogeyellapur Bridge at about 9.00 p.m., a lorry
bearing Reg.No.GJ-03-BT-3809 came from Hubli towards
Dharwad in a rash and negligent manner without following
traffic rules and the driver of the said lorry by losing control
over his vehicle dashed to the tractor to its backside. Due to
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that, said tractor toppled down, the deceased Bharamappa and
other inmates of the tractor sustained grievous injuries. Some
of the injured were shifted to Dharwad civil Hospital and some
were shifted to KIMS Hospital, Hubli. Deceased Bharamappa
succumbed to the injuries when he was on the way to Civil
Hospital, Dharwad. Therefore, the claimants being wife &
children filed claim petition under Section 166(1) of the M.V Act
seeking for compensation. The Tribunal has allowed the petition
in part and granted compensation of Rs.18,05,000/- along with
interest at the rate of 8% per annum from the date of petition
till its realization.
3. Heard the arguments and perused the material
placed before the Court.
4. The compensation awarded by Tribunal is as follows:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency. 15,75,000
2. Towards funeral expenses and loss of 30,000
estate.
3. Loss of consortium (40,000 x 5) 2,00,000
Total: 18,05,000
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5. In the present case, the deceased was aged
45 years old as on the date of the accident. The accident
occurred on 30.03.2018. The deceased was working as driver.
Hence, the notional income of Rs.11,750/- per month taken by
the tribunal is correct. The Tribunal has deducted 1/4th of the
income towards 'personal expenses' which is just and proper.
Further, the Tribunal has rightly added 25% of the income
towards future prospects. Considering the age of the deceased,
the Tribunal has rightly taken multiplier as '14'. Therefore loss
of dependency is re-assessed and quantified as under:
Rs.11,750 + 25% minus 1/4th x 14 x 12 = Rs.18,50,625/-
6. The Tribunal has rightly awarded compensation
under the head 'loss of consortium' at Rs.40,000/- each.
However, in terms of National Insurance Company Limited
Vs. Pranay Sethi and others1, the claimants are entitled to
10% escalation on the compensation awarded under the
conventional heads.
(2017) 16 SCC 680
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HC-KAR
7. Further, a compensation of Rs.16,500/- each is
awarded under the head 'loss of estate' and 'funeral expenses'
respectively, including 10% escalation.
8. Thus, in all the appellants/claimants are entitled for
enhanced compensation as follows:
Sl. Heads. Amount in
No. (Rs.)
1. Towards loss of dependency 18,50,625
2. Towards loss of consortium 2,20,000
3. Towards loss of estate and 33,000
transportation of dead body and
funeral expenses.
Total: 21,03,625
9. Therefore, the appellants-claimants are entitled for
total compensation of Rs.21,03,625/- along with interest at 6%
per annum from the date of filing of the petition till realization,
as against Rs.18,05,000/- awarded by the Tribunal. The
Insurance Company is directed to deposit the amount of total
compensation within eight weeks from the date of receipt of the
certified copy of this judgment.
10. The Tribunal has awarded interest on the
compensation at 8% per annum, which is on the higher side.
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Considering the rate of interest awarding on the fixed
deposits, this Court is awarding interest at the rate of 6% per
annum.
11. In the result, I proceed to pass the following:
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award dated
04.08.2021, passed in M.V.C.No.246/2018,
on the file of III Additional Senior Civil Judge
and Addl. M.A.C.T, Dharwad, is modified to
the aforesaid extent.
iii. The claimants are entitled for total
compensation of Rs.21,03,625/- along with
interest at the rate of 6% p.a. from the date
of petition till its realization as against
Rs.18,05,000/- awarded by the Tribunal.
iv. The insurance company shall deposit the
amount within a period of eight weeks from
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HC-KAR
the date of receipt of a copy of this
judgment.
v. The order with regard to apportionment,
deposit and release of amount shall be in
terms of the tribunal order.
vi. Send a copy of this judgment to the trial
Court.
vii. No order as to costs.
viii. Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
RKM
CT:BCK
