Karnataka High Court

Smt Yallavva Kumar Kandli @ Yallavva vs Ramesh D.H on 11 March, 2025

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                          -1-
                                                       NC: 2025:KHC:10251
                                                  MFA No. 1163 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 11TH DAY OF MARCH, 2025

                                        BEFORE
                    THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
               MISCELLANEOUS FIRST APPEAL NO.1163 OF 2023(MV-D)
               BETWEEN:

               1.    SMT. YALLAVVA KUMAR KANDLI @ YALLAVVA,
                     W/O LATE KUMAR KANDLI,
                     AGED ABOUT 32 YEARS.

               2.    SUDEEP KUMAR KANDLI @ SUDEEP,
                     S/O LATE KUMAR KANDLI @ KUMAR,
                     AGED ABOUT 17 YEARS.

               3.    SEVANTHI KUMAR KANDLI @ SEVANTHI
                     S/O LATE KUMAR KANDLI @ KUMAR
                     AGED ABOUT 15 YEARS.

                     2ND AND 3 APPELLANTS MINOR
Digitally            GUARDIAN MOTHER APPELLANT NO.1,
signed by            SMT. YALLAVVA KUMAR KANDLI,
CHAITHRA P
Location:            ALL ARE R/AT KORAVARA ONI,
High Court
of Karnataka         TADASA VILLAGE,
                     SHIGGAVI TALUK,
                     HAVERI DISTRICT,
                     PRESENTLY R/AT
                     SRINAGARA, BEHIND JAIL,
                     HASSAN CITY,
                     HASSAN -573 201.
                                                            ...APPELLANTS
               (BY SRI. KAVITHA H.C., ADVOCATE)
                             -2-
                                       NC: 2025:KHC:10251
                                     MFA No. 1163 of 2023




AND:

1.   RAMESH D.H.
     S/O HANUMEGOWDA,
     DABBE VILLAGE AND POST,
     KASABA HOBLI, BELUR TALUK,
     HASSAN 573 201.

2.   MANAGER,
     RELIANCE GENERAL INSURANCE
     COMPANY LIMITED,
     2ND FLOOR,
     KRUTHIKA ARCADE, N.R. CIRCLE,
     HASSAN -573 201.
                                             ...RESPONDENTS
(BY SRI. H.C. BETSUR, ADVOCATE FOR R2;
    V/O/D 07.02.2025, NOTICE TO R1 IS D/W)

       THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 05.11.2022 PASSED IN MVC
NO. 940/2021 ON THE FILE OF       THE ADDITIONAL SENIOR
CIVIL JUDGE    AND ADDITIONAL MACT, HASSAN, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION

       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                              -3-
                                          NC: 2025:KHC:10251
                                        MFA No. 1163 of 2023




                     ORAL JUDGMENT

This appeal is filed by the appellants/claimants

challenging the judgment and award dated 05.11.2022

passed in MVC No.940/2021 by Additional Senior Civil

Judge and Additional MACT., Hassan (for short 'the

tribunal'). This appeal is founded on the premise of

inadequate and meagre compensation awarded by the

tribunal. Consequently, seeking enhancement of

compensation.

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 01.09.2020, one person by name Kumar Kandli @

Kumar Sangappa Kandli along with his father-in-law was

proceeding as a pedestrian towards the Belur bus stop.

After completion of his work, when they reached near

Neharu Nagara Circle, Belur Town and while crossing the

road, at that time, a Car bearing registration No. KA-46-M-

NC: 2025:KHC:10251

1318 came from Chikkamagaluru side in a rash and

negligent manner and dashed against Kumar Sangappa

Kandli, as a result of which, Kumar Sangappa Kandli @

Kumar Kandli sustained severe head injuries and he was

shifted to nearby Belur Government Hospital and

thereafter, to the Government Hospital at Hassan then

again he was shifted to NIMHANS Hopsital, Bengaluru and

again to KIMS Hospital at Hubli and thereafter, the said

Kumar Sangappa Kandli was discharged from the hospital

as he was in the stage of Coma and there was no

improvement and he was confined to bed at his house.

However unfortunately, he succumbed to the injuries on

27.11.2020 while undergoing treatment.

4. In view of the sudden and unfortunate death of

the deceased, claimants, who are the wife and minor

children filed claim petition seeking compensation against

the respondents, owner of the offending vehicle and the

Insurance Company.

NC: 2025:KHC:10251

5. Upon appearance, respondents filed the statement

of objections, denied the claim, sought for dismissal of the

claim petition.

6. On the basis of materials placed on record both

oral and documentary, the tribunal awarded total

compensation of Rs.19,82,923/- along with interest at 6%

per annum, fixed the liability jointly against respondent

Nos. 1 and 2 and directed respondent No.2 to pay the

compensation within one month from the date of the

order.

7. Being dissatisfied by the inadequate compensation

awarded, the appellants are before this Court seeking

enhancement of compensation.

8. It is a vehement contention of learned counsel for

the appellants and the tribunal has awarded inadequate

compensation. The tribunal has failed to take the correct

income of deceased for computing compensation. On

these grounds, she seeks enhancement.

NC: 2025:KHC:10251

9. Per-contra, learned counsel appearing for the

respondent No.2-Insurance Company sustains the order

contends that the compensation awarded is just and

reasonable and there is no requirement of enhancement

as no material is placed on record with regard to the proof

of income of deceased.

10. I have heard learned counsel for the appellants

and learned counsel for the respondents. The occurrence

of accident, involvement of the vehicle, injuries sustained

in the road traffic accident leading to the death are all

proved by production of Exs.P-1 to P-21. The appellants

being the dependants and legal heirs of deceased is not in

dispute. Negligence is rightly attributed against the driver

of the offending vehicle.

11. Now, coming to the question of age, avocation,

income, multiplier for awarding compensation, it is seen

that the deceased was aged 40 years as on date of

occurrence of accident. The appropriate multiplier would

be '15' which is correctly taken, does not call for

NC: 2025:KHC:10251

interference. 25% is added towards future prospects by

the tribunal which also does not call for interference.

Income is taken by the tribunal at Rs.12,500/- whereas,

as per the notional income chart provided by the Legal

Services Authority, income is required to be taken at

Rs.14,500/- for the year 2020. Accordingly, income is

taken at Rs.14,500/-. As there are 3 dependents, 1/3 rd is

deducted towards personal and living expenses which also

does not call for interference. Therefore, the loss of

dependency Rs.21,74,940/-, in view of the modified

income would be (Rs.14,500/- + 25% = Rs.18,125/- -

1/3rd = Rs.12,083/- x 12 x 15) as against Rs.19,82,923/-.

12. Towards loss of consortium, tribunal has awarded

Rs.40,000/- only for one person which is erroneous. In

view of the judgement of the Hon'ble Apex Court in the

case of National Insurance Company Limited -vs-

Pranay Sethi each of the dependant would be entitled to

Rs.40,000/- per person. Hence (40,000 x 3) Rs.1,20,000/-

is awarded under this head.

NC: 2025:KHC:10251

13. They shall also be entitled to 10% escalation.

Therefore, addition of Rs.12,000/- is added to this

amount. Towards loss of estate Rs.15,000/- and funeral

expense Rs.15,000/- is retained. Towards medical

expenses Rs.37,863/- is retained.

14. In view of the discussions made herein above,

the claimant would be entitled to total compensation of

Rs.23,74,803/- as against Rs.19,82,923/-. Accordingly, I

pass the following:

ORDER

i) The appeal is allowed-in-part;

ii) The judgment and award dated 05.11.2022

passed in MVC No.940/2021 by Additional

Senior Civil Judge and Additional MACT, Hassan

is modified;



     iii)    The claimants would be entitled to a total

             compensation        of Rs.23,74,803/- along         with

                                                    NC: 2025:KHC:10251





            interest      at     6%        per   annum     as   against

            Rs.19,82,923/-;

iv) The enhanced compensation amount shall be

paid by the respondent No.2-Insurance

Company within a period of four weeks from

the date of receipt of a copy of this order;