Karnataka High Court
The Manager Magma Hdi General Insurance ... vs Ruksana And Ors on 23 June, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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MFA No. 202372 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
MISCL. FIRST APPEAL NO. 202372 OF 2024 (MV-D)
BETWEEN:
THE MANAGER,
MAGMA HDI GENERAL INSURANCE
COMPANY LIMITED
R/O:2ND FLOOR, 36 J C ROAD,
NEAR MINARVA CIRCLE,
BANGALORE-560 002.
KARNATAKA
(NOW REPDRESENTED BY
AUTHORISED SIGNATORY, RESIDENCY ROAD,
Digitally signed BANGALORE)
by ...APPELLANT
KHAJAAMEEN
MALAGHAN (BY SMT.PREETI PATIL MELKUNDI, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. RUKSANA
W/O.LATE DR.IRFAN CHOUDHARI
AGE 38 YEARS, OCC:HOUSEHOLD
2. IFFAT ANAM CHOUDHARI
D/O.LATE DR.IRFAN CHOUDHARI
AGE 11 YEARS, OCC :STUDENT
3. ARFA NADEEGA CHOUDHARI
D/O.LATE DR. IRFAN CHOUDHARI
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MFA No. 202372 of 2024
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AGE 07 YEARS, OCC:STUDENT.
4. SMT.SHABERA CHOUDHARI
D/O.LATE BASIR CHOUDHARI
AGE 64 YEARS, OCC:HOUSEHOLD
ALL R/O NEAR BILAL MASJID
AFZALPUR DIST:KALABURAGI-585 301.
5. SRINATH
S/O SHANKAR SHETAGAR
AGE 40 YEARS, OCC:OWNER OF HYUNDAI CRETA
CAR BEARING TEMPORARY REGISTRATION
NO.T0822TN5991G, ENGINE NO.04FANM636557,
CHASSIS NO MALPAB13LNM371627
R/O. H.NO.4601/71, RING ROAD
NEAR SHIVA MANDIR, BASAVESHWAR COLONY,
KALABURGI-585 101.
...RESPONDENTS
(BY SRI.SANJEEV PATIL, ADVOCATE FOR C/R1 TO R4)
THIS MFA FILED UNDER SECTION 173(1) OF MV ACT,
1988, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE
ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED
JUDGEMENT AND AWARD DATED 23.04.2024 IN MVC NO.
387/2023 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE
AND MACT, KALABURAGI.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
HON'BLE MRS JUSTICE K S HEMALEKHA
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MFA No. 202372 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
This appeal is preferred by the Insurance Company,
questioning the quantum of compensation awarded by the
tribunal, vide its judgment dated 23.04.2024 passed in
MVC No.387/2023.
2. Heard both sides and perused the material on
record.
3. Claimants before the tribunal are the wife and
children of deceased Dr.Irfan Choudhari, an Ayurvedic
Practitioner, who died in a motor accident on 11.12.2022
at about 10.30 a.m., while he was proceeding on a
motorcycle bearing No.KA-23/EJ-9072, towards Gobbur
Village to attend the patients.
4. It is the case of the claimants that near Atnoor
Village on Afzalpur to Kalaburagi Main Road, driver of a
Hyundai Creta Car bearing temporary Registration
No.T0822TN5991G, Engine No.D4FANM636557, Chassis
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No.MALPAB13LNM371627 came from opposite side with
high speed and in a rash and negligent manner,
endangering human life and hit against the motorcycle in
which the deceased was proceeding, due to which he fell
down and succumbed to the injuries sustained by him.
5. According to the claimants, the deceased was
hale and healthy at the time of accident and he was a
Ayurvedic Medical Practitioner having his clinic in Afzalpur
and earning a sum of Rs.60,000/- per month.
6. The tribunal awarded a total compensation of
Rs.49,15,000/- under the following heads:
Sl.No. Heads Amount
1. Towards Dependency Rs.47,25,000=00
2. Loss of Consortium
a. Spousal Consortium Rs.40,000=00
b. Parental Consortium Rs.1,20,000=00
and children to each
(Rs.40,000 x 3)
3. Towards loss of Estate
Rs.30,000=00
& Funeral expenses
Total Compensation Rs.49,15,000=00
7. It is strenuously contended by the learned
counsel for appellant that the respondents/claimants have
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utterly failed to prove that the deceased was a Ayurvedic
Medical Practitioner and inspite of that the tribunal has
taken the income of the deceased at Rs.25,000/- per
month, without any basis. He further contended that the
amount awarded under other heads are also on the higher
side and therefore, the tribunal has erred in awarding an
exorbitant compensation of Rs.49,15,000/-.
8. The learned counsel appearing for respondents
on the other hand contended that Ex.P10 is the certificate
issued by Karnataka Ayurvedic Unani, which clearly
depicts that the deceased was a Ayurvedic Medical
Practitioner and therefore, the claimants have placed
sufficient material on record to establish the profession of
the deceased. He further contended that the claimants are
none other than the wife, mother and minor children of
the deceased and therefore, the compensation awarded is
not exorbitant as contended by the learned counsel for
appellant. He has therefore sought to dismiss the appeal.
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9. The accident in question, which resulted in the
death of one Dr.Irfan Choudhari, is not in dispute.
Further, it is also not disputed that the vehicle involved in
the accident was insured with the appellant herein.
10. The Tribunal has awarded a total sum of
Rs.1,60,000/- towards loss of consortium. It is relevant to
extract paragraph Nos.21, 23 and 24 of the judgment of
the 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.
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With respect to a spouse, it would include
sexual relations with the deceased spouse.
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. ******
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,
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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."
11. In light of the above judgment, the amount
awarded by the tribunal towards loss of consortium is just
and proper.
12. Though it is the case of the claimant that
deceased was having an income of Rs.60,000/- per month,
the tribunal after noticing that regarding income there was
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no sufficient material placed on record, took the income of
the deceased as Rs.25,000/- per month. To substantiate
the profession of the deceased, the claimants have got
marked Ex.P10 which is the Registration certificate issued
by the Registrar, Karnataka Ayurvedic and Unani
Practitioners Board, Bengaluru. The Said document shows
that the deceased was an Ayurvedic doctor. Hence, the
contention of the learned counsel for appellant that no
material was placed to show the profession of the
deceased cannot be accepted.
13. The learned counsel for the respondents has
relied on a judgment of this Court rendered in MFA
No.2479/2023 and connected matters decided on
05.03.2024 (The Legal Manager, New India Assurance
Co. Ltd., vs. Smt. Hemashree N & others), to contend that
under similar facts and circumstances wherein, the
deceased was possessing degree certificate in BAMS, the
Tribunal considered his notional income at Rs.25,000/- per
month which was affirmed by this Court, taking into
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account the pay scale of the Assistant Professor in AYUSH
department which requires minimum qualification of
bachelor of degree in Ayush, fixed at Rs.15,600/- -
Rs.39,100/-. We are of the considered view that the
income arrived at by the Tribunal is not excessive
considering the profession of the deceased and in the facts
and circumstances of the case.
14. The deceased was aged 40 years and therefore,
the Tribunal added 40% of the actual income towards
future prospects and after deducting 1/4th of the total
income, considering the number of dependants and
adopting multiplier '15', awarded a total compensation of
Rs.47,25,000/- under the head 'loss of dependency'.
15. We are of the considered view that the total
compensation awarded by the Tribunal is in accordance
with law and does not call for any interference.
Accordingly, the appeal is dismissed.
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The amount in deposit shall be transmitted to the
Tribunal to enable the claimants to withdraw the amount
as per the order of the Tribunal.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(K S HEMALEKHA)
JUDGE
HB,SWK
CT:JLR
