Karnataka High Court
Rangayya And Anr vs Mr Tadakamalla Surendra Mohan And Anr on 3 June, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC-K:2799
MFA No. 203501 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO.203501 OF 2024 (MV-D)
BETWEEN:
1. RANGAYYA
S/O NINGAYYA
AGE: 48 YEARS,
OCC: COOLIE,
2. SMT. SABAMMA
W/O RANGAYYA
AGE: 38 YEARS,
OCC: HOUSEWIFE
BOTH ARE RESIDENCE OF
HEMANUR VILLAGE,
TQ: DEVADURGA, DIST; RAICHUR
Digitally signed
by RAMESH NOW RESIDING AT LBS NAGAR, RAICHUR.
MATHAPATI ...APPELLANTS
Location: HIGH (BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. MR. TADAKAMALLA SURENDRA MOHAN
AGE: MAJOR,
OCC: OWNER OF LORRY BEARING
NO.AP-29/U-1920,
R/O: CORPORATE OFFICE
#8-2-1/1/3,
AVATAR NIVAS, SRINAGAR COLONY,
MAIN ROAD PUNJAGUTTA,
HYDERABAD - 500 082, TELANGANA.
-2-
NC: 2025:KHC-K:2799
MFA No. 203501 of 2024
HC-KAR
2. THE MANAGER,
NEW INDIA INSURANCE COMPANY LTD.,
GUNJ CIRCLE, RAICHUR
POLICY NO.6103003119030007250.
PERIOD : 13-02-2020 TO 12-02-2021.
...RESPONDENTS
(BY SRI MANVENDRA REDDY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PAYING TO CALL
FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD
DATED 09.02.2024 PASSED BY THE MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL AT RAICHUR IN
M.V.C.NO.437/2021, AND ENHANCE THE COMPENSATION IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Though appeal is listed for orders, with consent of learned
counsel for parties, it is taken up for final disposal.
2. Challenging judgment and award dated 09.02.2024
passed by II-Additional District and Sessions Judge and
Member, Motor Accident Claims Tribunal, Raichur, in MVC
no.437/2021, this appeal is filed.
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HC-KAR
3. Sri Liyaqat Fareed Ustad, learned counsel for
claimants/appellants submitted in an accident that occurred on
30.12.2020, one Mahantesh travelling on Hero Honda
motorcycle bearing registration No.KA-36/ED-5651 died, as a
result of accident, when driver of lorry bearing registration
No.AP-39/U-1920 drove lorry in a rash and negligent manner
and dashed against motorcycle. Due to untimely death, his
parents lost dependency. Therefore, they filed claim petition
under Section 166 of Motor Vehicles Act.
4. On service of notice, only insurer contested claim
petition. Tribunal framed issues and recorded evidence,
wherein claimant no.1 was examined as PW-1 and got marked
documents as Exs.P-1 to P-12. Respondents did not lead oral
evidence, but got marked insurance policy and driving licence
extract as Exs.R-1 and R-2.
5. On consideration, Tribunal held that accident had
occurred due to rash and negligent driving of insured vehicle by
its driver and therefore, claimants were entitled for
compensation. It assessed age of deceased as 20 years,
monthly income as Rs.13,750/-, added 40% towards future
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HC-KAR
prospects and applied multiplier of 18 to arrive at compensation
of Rs.20,79,000/- towards loss of dependency. It also awarded
Rs.15,000/- towards loss of estate and Rs.15,000/- towards
funeral expenses. In addition, Tribunal awarded Rs.40,000/- to
each of claimants towards consortium.
6. Assailing said award and seeking for enhancement,
claimants are in appeal.
7. Learned counsel for appellants submitted that
Hon'ble Supreme Court in case of National Insurance
Company Limited vs. Pranay Sethi and others1 had
directed for addition of 10% every three years on award under
conventional heads. Said decision was rendered on 31.10.2017.
It was submitted that more than six years had lapsed since
then. Therefore, claimants would be entitled for escalation on
award towards conventional heads.
8. On other hand, Sri Manvendra Reddy, learned
counsel for respondent-insurer opposed appeal. It was
submitted that Tribunal had taken note of facts of case in
(2017) 16 Supreme Court Cases 680
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HC-KAR
proper perspective and assessed compensation and there is no
scope for enhancement.
9. Heard learned counsel and perused impugned
judgment and award.
10. Since occurrence of accident, death of claimants'
son in said accident, liability of respondent to pay
compensation are not in dispute and as claimants are seeking
for enhancement, only point that would arise for consideration
is,
"Whether claimants are entitled for
enhancement of compensation as sought for?"
11. Said point is answered partly in affirmative for
following reasons.
12. Hon'ble Supreme Court in Pranay Sethi's case
(supra) has indeed provided for addition of 10% escalation to
amount awarded under conventional heads i.e., compensation
awarded towards funeral expenses, loss of estate and
consortium.
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HC-KAR
13. In instant case, amount of Rs.1,10,000/- is awarded
under said heads. Since more than six years have lapsed after
rendering of decision in Pranay Sethi's case (supra), 20% has
to be added to said amount. Thus, claimants would be entitled
to an additional amount of Rs.22,000/-.
14. Consequently, following:
ORDER
i. Appeal is allowed in part.
ii. Claimants are held entitled for total
compensation of Rs.22,11,000/- as against
Rs.21,89,000/- awarded by Tribunal with
interest at 6% per annum from date of claim
petition till realization.
iii. Respondent-insurer to deposit same before
Tribunal within a period of six weeks.
iv. On deposit, said amount shall be released to
claimants.
Sd/-
(RAVI V HOSMANI)
JUDGE
NB
Ct;Vk
