Karnataka High Court
Smt Gangarathnamma vs Sri Bidyadhar Bagaria on 3 March, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2025:KHC:9019
MFA No. 28 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 28 OF 2023 (MV-D)
BETWEEN:
1. SMT. GANGARATHNAMMA,
W/O LATE R. SEETHARAMAPPA,
AGED ABOUT 46 YEARS.
2. SRI SRIKANTH,
S/O LATE R.SEETHARAMAPPA,
AGED ABOUT 25 YEARS.
3. SRI MURALI,
S/O LATE R. SEETHARAMAPPA,
AGED ABOUT 23 YEARS.
ALL ARE RESIDING AT
KRISHNAPURA VILLAGE, DIBBUR POST,
CHIKKABALLAPURA TALUK AND DISTRICT.
...APPELLANTS
Digitally (BY SRI K.N.HARISH BABU, ADVOCATE AND
signed by SRI M.V.RAVI, ADVOCATE)
CHAITHRA P
Location: AND:
High Court
of Karnataka 1. SRI BIDYADHAR BAGARIA,
S/O GANESH RAM BAGARIA,
BALOD BARI, TEH FATHEHPUR SIKAR,
(RAJASHTAN).
2. VENKATESH C.,
S/O CHIKKA KRISHNAPPA,
NO.868A, INDIRANAGAR,
CHIKKABALLAPURA.
3. THE BRANCH MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
-2-
NC: 2025:KHC:9019
MFA No. 28 of 2023
S.5, 2ND FLOOR, INFANTRY ROAD,
BANGALORE - 01.
4. LEGAL MANAGER,
SHRIRAM GENERAL INSURANCE CO.,
E-8, RICO INDUSTRIAL AREA,
SITPURA, JAIPUR,
RAJASTHAN - 302 022.
...RESPONDENTS
(BY SRI MALLIKARJUN REDDY, ADVOCATE FOR
SRI B.PRADEEP, ADVOCATE FOR R3 AND R4;
VIDE ORDER DATED 09.01.2023, NOTICE T R1 AND R2 IS
DISPENSED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
25.07.2022 PASSED IN MVC NO.3921/2012 BY THE MACT,
COURT OF SMALL CAUSES, BENGALURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the claimants challenging
the judgment and award dated 25.07.2022 passed in
MVC.No.3921/2012 by the Court of the MACT, Court of
Small Causes, Bengaluru (for short 'the tribunal'). This
appeal is founded on the premise of inadequacy of
compensation awarded by the tribunal.
NC: 2025:KHC:9019
2. Parties to the appeal shall be referred to as per
their status before the tribunal.
3. Brief facts of the case are as under:
On 11.04.2012 at about 9.45 a.m., the deceased
Seetharamappa R. was driving a tempo bearing
registration No.KA-40:A-4466 on Hospet-Kustagi road. At
that time, a lorry bearing registration No.RJ-23:GA-3788
came in a rash and negligent manner and dashed against
the tempo of the deceased. Due to the said impact, the
said Seetharamappa R. fell down and sustained grievous
injuries and succumbed to the same. Hence, the
claimants, who are the legal representatives of the
deceased filed a claim petition seeking compensation.
3.1 On the basis of material evidence, both oral and
documentary and on hearing the submissions of learned
counsels for both parties, the tribunal awarded
compensation of Rs.4,36,172/- with interest @ 6% p.a.
NC: 2025:KHC:9019
3.2 Being aggrieved by the meager compensation
awarded by the tribunal, the claimants are before this
Court seeking enhancement of compensation.
4. It is the vehement contention of the learned
counsel for appellants-claimants that the tribunal has
committed an error in awarding consortium and loss of
estate to an extent of Rs.5,000/- and Rs.2,500/-
respectively, which is erroneous. Hence, the same requires
to be corrected and enhanced. Learned counsel for
appellant is not aggrieved with other order of
compensation awarded by the tribunal. On these grounds,
he seeks to allow his appeal and consequently enhance the
compensation.
5. Per contra, learned counsel for respondent-
Insurance Company contends that the tribunal has
awarded just and reasonable compensation, which does
not call for interference. Hence, he seeks dismissal of the
appeal.
NC: 2025:KHC:9019
6. Heard learned counsel for appellants-claimants
and learned counsel for respondent-Insurance Company, a
short point that would arise for consideration:
"(i) Whether the appellants-claimants are
entitled for compensation under the head
loss of consortium ?
7. Having perused the impugned judgment and
award, the occurrence of the accident, involvement of the
vehicle, and the claim petition having been filed under
Section 163-A of the Motor Vehicles Act, 1988 on the
ground that no fault liability is not in dispute, so also the
compensation award under other heads.
8. On careful perusal of the records and on hearing
the submission of both the learned counsels, it is
apparently seen that the tribunal has awarded Rs.5,000/-
under the head loss of consortium, whereas in accordance
to the judgment of the Hon'ble Apex Court in the case of
National Insurance Company Limited vs. Pranay
Sethi and others reported in (2017) 16 Supreme
NC: 2025:KHC:9019
Court Cases 680 each of the claimants would be
entitled to Rs.40,000/- under the head loss of
consortium. Therefore, the claimants are entitled for
Rs.1,20,000/- (Rs.40,000/- x 3) along with 20%
escalation towards two block periods, which would be
Rs.1,44,000/- (Rs.1,20,000/- + 20%) under this head.
9. The tribunal awarded Rs.4,26,672/- towards loss
of dependency, Rs.2,000/- towards transportation and
funeral expenses and Rs.2,500/- towards loss of estate,
which do not call for interference and the same are
retained.
10. In view of the above, the claimants shall be
entitled to a total compensation of Rs.5,75,172/- as
against Rs.4,36,172/- as mentioned in the table below:
Heads Amount in Rs.
Loss of dependency 4,26,672-00
Loss of consortium 1,44,000-00
Transportation and funeral expense 2,000-00
Loss of estate 2,500-00
TOTAL 5,75,172-00
NC: 2025:KHC:9019
11. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 25.07.2022
passed in MVC.No.3921/2012 by the Court of
the MACT, Court of Small Causes, Bengaluru,
is modified;
iii) The claimants shall be entitled to a sum of
Rs.5,75,172/- as against Rs.4,36,172/-
along with interest @ 6% p.a.;
iv) The enhanced compensation amount shall be
paid by the respondent-Insurance Company
with interest at 6% p.a. within a period of four
weeks from the date of receipt of a copy of
this order;
v) The Insurance Company shall deposit the
amount before the tribunal, on such deposit
the appellants-claimants shall be permitted to
withdraw the amount.
NC: 2025:KHC:9019
vi) All other terms and conditions stipulated by
the tribunal are undisturbed and retained;
vii) Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CPN
CT: BHK
