Karnataka High Court
Teju And Ors vs Kishanbhai And Anr on 21 November, 2025
-1-
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MFA No. 202703 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202703 OF 2024 (MV-D)
BETWEEN:
1. TEJU
S/O. TAKRU PAWAR,
AGE. 60 YEARS, OCC. COOLIE,
2. GANESH
S/O. TEJU PAWAR,
AGE. 24 YEARS, OCC. STUDENT,
3. VISHNU
S/O. TEJU PAWAR,
AGE. 22 YEARS, OCC. STUDENT,
ALL ARE R/O KODALHANGARGA TANDA,
Digitally signed KODALHANGARGA VILLAGE,
by SUMITRA TQ. ALAND, DIST. KALABURAGI.
SHERIGAR ...APPELLANTS
Location: HIGH
COURT OF (BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
KARNATAKA
AND:
1. KISHANBHAI
S/O. HASUBHAI RAJPUR,
AGE. 48 YEARS, OCC OWNER OF ASHOK LEYLAND
LORRY BEARING REG. NO. GJ-01/JT-1651,
R/O MALIYASAN RAJKOT, GUJARAT-360 001.
2. RELIANCE GENERAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA,
-2-
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MFA No. 202703 of 2024
HC-KAR
NEAR TIMMAPURI CIRCLE, KALABURAGI.
REPRESENTED BY
ITS AUTHORIZED OFFICER.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2;
R1 IS SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THE CLAIM PETITION THE JUDGEMENT AND AWARD
DATED 10.04.2024 PASSED BY II ADDL SENIOR CIVIL JUDGE
AND MACT, KALABURAGI IN MVC NO. 1373/2021 AND
ENHANCE THE COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is preferred by the claimants against
the Judgment and award dated 10.04.2024 in MVC
No.1373/2021 by the II Additional Senior Civil Judge and
MACT, Kalaburagi (for short 'the tribunal'), seeking
enhancement of the compensation.
2. One Sri. Chandibai along with her son Ganesh
were proceeding on Bajaj Pulsar motorcycle bearing
registration No.MH-02/AC-6716. At that time, a lorry bearing
registration No.GJ-01/JT-1651 came from opposite direction
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in a rash and negligent manner and dashed to motorcycle,
due to which Chandibai fell down on the road, succumbed to
the injuries on the spot. Husband and sons of the deceased
Chandibai filed claim petition before the tribunal seeking
compensation of Rs.41,75,000/-. The tribunal after
considering the evidence on record, awarded a sum of
Rs.16,17,000/- along with interest at the rate of 6% per
annum from the date of petition till the date of realization.
Being aggrieved by the said Judgment and award, the
claimants have preferred this appeal seeking enhancement
of the compensation.
3. In the present appeal it is contended that, the
tribunal has awarded meager compensation and though the
claimant has stated that, she was earning a sum of
Rs.20,000/- per month, the tribunal has taken his income at
Rs.14,250/- per month. Accordingly, prays for enhancement
of the compensation.
4. Though it was stated that, she was doing coolie
work and earning a sum of Rs.20,000/- per month, the
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claimants have not filed any income proof. In view of the
guidelines issued by the Karnataka State Legal Services
Authority, her income is to be taken at Rs.14,250/- for the
year 2021. Age of the deceased at the time of accident was
47 years and the multiplier is '13'. 25% of the income is to
be added towards future prospects and 1/3rd is to be
deducted towards personal expenses. Hence, the loss of
dependency is as under:
Rs.14,250/- + 25% X 12 X 13 - 1/3rd = Rs.18,52,448/-
5. The claimant No.1 is the husband and thus, he is
entitle for a sum of Rs.44,000/- towards spousal consortium
and claimant Nos.2 and 3 are sons and they are entitled to a
sum of Rs.44,000/- each towards parental consortium.
Further, the claimants are entitle to a sum of Rs.33,000/-
towards conventional head. Hence, the total compensation is
as under:
Sl.No. Head of compensation Amount
1 Loss of dependency Rs.18,52,448/-
2 Loss of consortium(Rs.44,000/- Rs.1,32,000/-
X 4)
3 Conventional head Rs.33,000/-
Total Rs.20,17,448/-
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6. Learned counsel for the Insurance company
submits that, the amount awarded by the tribunal has been
already deposited before the tribunal.
7. Accordingly, the following :
ORDER
(i) The appeal is allowed in part;
(ii) The claimants are entitled to total
compensation of Rs.20,17,448/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization as against
Rs.16,17,000/- awarded by the tribunal;
(iii) The Insurance company is directed to
deposit the enhanced compensation of Rs.4,00,448/-
along with interest within one month from the date
of this order;
(iv) On such deposit the claimant No.1-
husband of the deceased is permitted to withdraw
the enhanced compensation along with interest
accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH
