Geethamma vs A V Harisha
2025 Latest Caselaw 10284 Kant

Karnataka High Court

Geethamma vs A V Harisha on 17 November, 2025

                                                  -1-
                                                           NC: 2025:KHC:46944
                                                        MFA No. 6634 of 2017


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 17TH DAY OF NOVEMBER, 2025

                                              BEFORE
                           THE HON'BLE DR. JUSTICE K.MANMADHA RAO
                        MISCELLANEOUS FIRST APPEAL NO. 6634 OF 2017 (MV-D)
                   BETWEEN:

                   1.     GEETHAMMA
                          W/O SIDDAIAH @ SIDDAPPA,
                          AGED ABOUT 46 YEARS.

                   2.     SIDDAIAH @ SIDDAPPA
                          S/O DASSAPPA,
                          AGED ABOUT 51 YEARS

                          BOTH ARE RESIDING AT
                          BEVINAHALLI VILLAGE,
                          BANAVARA HOBLI,
                          ARASIKERE TALUK,
                          HASSAN DISTRICT.

                          PRESENTLY RESIDING AT
Digitally signed
                          C/O RAMEGOWDA,
by
VIJAYALAKSHMI             11TH CROSS ROAD,
BN
Location: HIGH
                          KUVEMPUNAGAR,
COURT OF
KARNATAKA                 HASSAN TALUK-573 201
                          HASSAN DISTRICT.
                                                                ...APPELLANTS
                   (BY SRI. VIJAY SINGH M., ADVOCATE)

                   AND:

                   1.     A.V. HARISHA
                          S/O VENKATEGOWDA,
                          MAJOR,
                          NOOTHANA TRADERS,
                           -2-
                                        NC: 2025:KHC:46944
                                   MFA No. 6634 of 2017


HC-KAR




     CEMENT DEALERS,
     H.I.G. 1, GOPALA
     SHIVAMOGA-577 205.

2.   THE MANAGER
     NATIONAL INSURANCE COMPANY LTD.
     1ST FLOOR, S.S.COMPLEX,
     B.H.ROAD, HARSHA MELI,
     SHIVAMOGA-577 205.

     PRESENTLY REPRESENTED BY:
     THE MANAGER
     NATIONAL INSURANCE COMPANY LTD.,
     OLD BUS STAND ROAD,
     HASSAN-573 201.
                                           ...RESPONDENTS
(BY SRI. NIKHIL J., ADVOCATE FOR
    SMT. GEETHA RAJ, ADVOCATE FOR R-2)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL
FOR THE RECORDS IN M.V.C.NO.479 OF 2016 ON THE FILE OF
THE HONBLE ADDL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T
AT HASSAN AND MODIFY AND ENHANCE THE COMPENSATION
AWARDED IN JUDGMENT AND AWARD DATED 03-02-2017
PASSED IN M.V.C.NO.479 OF 2016 BY HONBLE ADDL. SENIOR
CIVIL JUDGE AND M.A.C.T. AT HASSAN AND ETC.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
                              -3-
                                          NC: 2025:KHC:46944
                                      MFA No. 6634 of 2017


HC-KAR




                     ORAL JUDGMENT

This appeal is by the claimants/appellants seeking for

enhancement of compensation arising out of judgment and

award dated 03.02.2017 in MVC No.479/2016 passed by

the Additional Senior Civil Judge and Additional MACT,

Hassan, ('Tribunal', for short) whereby, the Tribunal partly

allowing the claim petition awarded compensation of

Rs.10,02,001/- with interest at the rate of 8% per annum

in respect of death of Shivarajkumar, son of appellants.

2. The date of accident, involvement of the vehicle,

death of Shivarajkumar and the liability to pay the

compensation are not in dispute. The only dispute in this

appeal is inadequate compensation awarded by the

Tribunal.

3. Learned counsel for the appellant and respondent

No.2 have jointly filed a memo of calculation dated

17.11.2025.

4. Memo of calculation is taken on record.

NC: 2025:KHC:46944

HC-KAR

5. In terms of memo, following compensation is

awarded:-

The accident has taken place in the year 2015 and as

per the chart prepared by the Karnataka State Legal

Services Authority, income of the deceased is taken at

Rs.9,000/- per month. As the deceased was aged 25

years as on the date of accident, 40% has to be added to

the income of the deceased towards future prospects. The

multiplier applicable is '18'. Since the deceased was a

bachelor at the time of accident, 50% of his income has to

be deducted towards personal expenses. Accordingly, on

re-determination of the 'loss of dependency', the same

works out to be:

9,000 + 40% x 12 x 18 x 50% = Rs.13,60,800/-

6. The Tribunal has awarded compensation of

Rs.60,000/- towards 'loss of consortium' to the appellants.

Hence, a sum of Rs.40,000/- each is awarded. Therefore,

NC: 2025:KHC:46944

HC-KAR

the appellants/claimants are entitled for a sum of

Rs.80,000/- (Rs.40,000 x 2).

7. The Tribunal has awarded compensation of

Rs.2,10,001/- towards 'medical expenses' based on the

medical bills. Hence, the same is kept intact.

8. The Tribunal has awarded a sum of

Rs.30,000/- towards 'transportation of dead body and

obsequies ceremony', which is just and proper and the

same is kept intact.

9. In summary, the total compensation re-

determined by this Court under various heads are as

follows:

1. Loss of Dependency : Rs. 13,60,800/-

2. Loss of consortium : Rs. 80,000/-

3. Medical expenses : Rs. 2,10,001/-

4. Transportation of dead : Rs. 30,000/-

body & obsequies ceremony

TOTAL : Rs. 16,80,801/-