Karnataka High Court
The National Insurance Company Ltd vs Sri. Laxman S/O Shidram Golasangi on 24 November, 2025
Author: S G Pandit
Bench: S G Pandit
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MFA No. 104100 of 2023
C/W MFA No. 100886 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 24TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.104100 OF 2023 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.100886 OF 2024 (MV-D)
IN MFA NO.104100/2023
BETWEEN:
THE NATIONAL INSURANCE
COMPANY LTD.,
THROUGH ITS DIVISIONAL OFFICE,
RAMADEV GALLI, BELAGAVI.
NOW REPRESENTED BY ITS
ASSISTANT MANAGER.
CHANDRASHEKAR
LAXMAN ...APPELLANT
KATTIMANI
Digitally signed by
(BY SRI. RAJESH B. RAJANAL, ADVOCATE)
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
AND:
1. SRI. LAXMAN,
S/O SHIDRAM GOLASANGI
AGE. 58 YEARS, OCC. ENGINEER,
R/O. MUGALAKHOD VILLAGE,
TQ. RAIBAG, DIST. BELAGAVI,
NOW AT ATHANI PWD QTR.
TQ. ATHANI,
DIST. BELAGAVI 591223.
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MFA No. 104100 of 2023
C/W MFA No. 100886 of 2024
HC-KAR
2. SMT. RATNAVVA,
W/O LAXMAN GOLASANGI,
AGE. 51 YEARS,
OCC. HOUSE HOLD WORK,
R/O. MUGALAKHOD VILLAGE,
TQ. RAIBAG, DIST. BELAGAVI.
NOW AT ATHANI, PWD QTR.
TQ. ATHANI, DIST. BELAGAVI 591223.
3. SRI. ARJUN,
S/O BHAGAWANT PATIL,
AGE. MAJOR, OCC. BUSINESS/
OWNER OF VEHICLE,
R/O. MAHAJAN COMPLEX ATHANI,
TQ. ATHANI, DIST. BELAGAVI,
KARNATAKA 591304.
...RESPONDENTS
(BY SRI. ASHOK A. NAIK, ADVOCATE FOR R1 & R2
SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SEC.173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD
DATED 16.05.2023 PASSED IN MVC NO.1672/2020 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL, RAIBAG, AWARDING COMPENSATION OF
RS.15,18,300/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION & ETC.
IN MFA NO.100886/2024
BETWEEN:
1. SRI. LAXMAN,
S/O SHIDRAM GOLASANGI
AGE. 59 YEARS, OCC. ENGINEER,
R/O. MUGALAKHOD VILLAGE,
TAL. RAIBAG, DIST. BELAGAVI.
NOW AT ATHANI PWD QTR,
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MFA No. 104100 of 2023
C/W MFA No. 100886 of 2024
HC-KAR
TAL. ATHANI, DIST. BELAGAVI 591304.
2. SMT. RATNAVVA,
W/O LAXMAN GOLASANGI,
AGE. 52 YEARS, OCC. HOUSE HOLD WORK,
R/O. MUGALAKHOD VILLAGE,
TAL. RAIBAG, DIST. BELAGAVI.
NOW AT ATHANI PWD QTR,
TAL. ATHANI, DIST. BELAGAVI 591304.
...APPELLANTS
(BY SRI. ASHOK A. NAIK, ADVOCATE)
AND:
1. SHRI. ARJUN, S/O BHAGAWANT PATIL
AGE. MAJOR, OCC. BUSINESS/
OWNER OF VEHICLE,
R/O. MAHAJAN COMPLEX, ATHANI,
TAL. ATHANI, DIST. BELAGAVI,
KARNATAKA 591304.
2. THE NATIONAL INSURANCE
COMPANY LTD.,
THROUGH ITS DIVISIONAL OFFICE,
RAMDEV GALLI, BELAGAVI 590001.
...RESPONDENTS
(BY SRI. RAJESH B. RAJANAL, ADVOCATE FOR R2)
(NOTICE TO R1-HELD SUFFICIENT)
THIS MFA IS FILED UNDER SEC.173(1)OF MOTOR
VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD
DATED 16.05.2023 PASSED IN MVC NO.1672/2020 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL, RAIBAG, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION & ETC.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 104100 of 2023
C/W MFA No. 100886 of 2024
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Both, the insurer and the claimants are in appeal
challenging the judgment and award, dated 16.05.2023, passed
in M.V.C. No.1672/2020 by the Senior Civil Judge and Motor
Accident Claims Tribunal, Raibag (for short, 'the Tribunal').
2. The appeal in M.F.A. No.104100/2023 is filed by the
insurer questioning the quantum of compensation and the
contributory negligence, whereas M.F.A. No.100886/2024 is filed
by the claimants seeking enhancement of the compensation
awarded by the Tribunal and also challenging the finding of the
Tribunal attributing negligence to the extent of 30% on the
deceased.
3. For the sake of convenience, the parties will be
referred to as per their rank before the Tribunal.
4. Heard Sri. Rajesh B.Rajanal, learned counsel
appearing for the insurer and Sri. Ashok A. Naik, learned counsel
appearing for the claimants. Perused the entire appeal papers.
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5. The claimants - parents of one Premakumar
Golasangi filed a claim petition under Section 166 of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'MV Act', for short)
claiming compensation for the accidental death of said
Premakumar Golasangi in a road traffic accident that took place
on 01.10.2020 involving motorcycle bearing registration No.KA-
23/EQ-0680 and a tipper lorry bearing registration No.KA-23/A-
7402. The claimants stated that the deceased was aged about 23
years as on the date of the accident; he was working as a
businessman and an agriculturist, and used to earn Rs.15,000/-
per month, and due to death of their son, they were unable to
maintain themselves.
6. On issuance of notice, respondent No.2-insurer
appeared before the Tribunal and filed its objection statement
contending that the deceased was not possessing a valid driving
licence as on the date of the accident and also that the
motorcycle which the deceased was riding was not insured. It
also stated that the accident occurred solely due to the
negligence on the part of the deceased in riding the motor cycle.
Thus, the insurer prayed for dismissal of the claim petition.
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7. Before the Tribunal, claimant No.1 got examined
himself as P.W.1, and produced and marked eight documents as
Exs.P.1 to P.8. The respondents did not examine any witness nor
produced any documentary evidence. The Tribunal, on
examination of the material on record, awarded a total
compensation of Rs.21,69,000/- on the following heads:
1. Loss of dependency 20,79,000/-
2. Love and Affection 60,000/-
3. Loss of Estate 15,000/-
4. Funeral expenses 15,000/-
Total 21,69,000/-
The Tribunal while saddling the liability to pay the compensation,
based on the evidence on record, came to the conclusion that
the deceased had also contributed to the occurrence of the
accident and thus, fixed the contributory negligence to an extent
of 70% on the driver of the tipper lorry and 30% on the
deceased who was riding the motorcycle.
8. The insurer is in appeal contending that the
contributory negligence ought to have been fixed equally i.e.,
50% each on the driver of the tipper lorry and the deceased,
whereas the claimants are in appeal seeking enhancement of the
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compensation as well as questioning 30% of contributory
negligence saddled on the deceased.
9. Learned counsel appearing for the insurer would
submit that the deceased, who was riding the motorcycle, came
from behind and dashed the tipper lorry which was stationed on
the left side of the road. Thus, he would submit that there was
contributory negligence on the part of the deceased - rider of
the motor cycle. Learned counsel would submit that, moreover,
the deceased was not having a valid driving licence to ride the
motor cycle and that the motorcycle which the deceased was
riding was not insured under an insurance policy. Thus, the
learned counsel would submit that the Tribunal assessing the
material on record has come to the conclusion that the deceased
also contributed to the occurrence of the accident. He would
submit that the contributory negligence has to be assessed at
50% each on the driver of the tipper lorry as well as on the rider
of the motor cycle i.e., the deceased. Thus, he prays for allowing
the appeal filed by the insurer.
10. Learned counsel for claimant, Sri. Ashok A.Naik
would submit that the accident occurred solely due to negligent
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parking of the tipper lorry since the tipper lorry was parked not
on the left side of the road but on the middle of the road without
any parking lights. Therefore, learned counsel would submit that
saddling of contributory negligence to an extent of 30% on the
deceased rider of the motor cycle is wholly illegal and opposed
to the material on record. Thus, learned counsel would request
to set aside the finding recorded by the Tribunal with regard to
saddling of 30% contributory negligence on the deceased.
11. Learned counsel for the claimants would further
submit that the Tribunal committed a grave error in not granting
proper compensation on the head of 'loss of filial consortium'
and also in not granting escalation on the compensation
awarded under the heads 'loss of filial consortium', 'loss of
estate', and 'funeral expenses'. Thus, he would pray for allowing
the appeal filed by the claimants.
12. Having heard the learned counsel for the parties and
on perusal of the appeal papers, the following points arise for
consideration:
(i) Whether the Tribunal is justified in saddling
30% contributory negligence on the deceased
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and 70% contributory negligence on the driver
of the tipper lorry?
(ii) Whether the claimants would be entitled for
enhancement of compensation?
13. Our answer to the above points would be in the
affirmative, for the following reasons:
(a) The accident in question that took place on 01.10.2020
involving motorcycle bearing registration No.KA-23/EQ-
0680 and a tipper lorry bearing registration No.KA-23/A-
7402 and the resultant death of Premakumar Golasangi is
not in dispute in this appeal. It is also not in dispute that
the deceased, who had no valid driving licence, riding the
motorcycle came from behind and dashed to the stationary
tipper lorry. It is also not in dispute that the motorcycle
which the deceased was riding was not insured. The
Tribunal on appreciating the evidence on record, came to
the conclusion that the tipper lorry was parked on the road
without any indicator for having parked the tipper on the
road. Thus, The Tribunal came to the conclusion that there
is negligence on the driver of the tipper lorry. The accident
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had occurred in the night at 8.00 p.m. It has also come on
record that the rider of the motorcycle (deceased) was
riding the motorcycle in a rash and negligent manner that
too without having a valid driving licence as on the date of
the accident. The Tribunal placing reliance on a judgment of
this Court in New India Assurance Company Ltd. Vs.
Yousuf Basha and another1, has rightly saddled 30%
contributory negligence on the rider of the motorcycle i.e.,
the deceased, and 70% on the driver of the tipper lorry,
which needs no interference.
(b) The Tribunal, considering the chart prepared by the
Karnataka State Legal Services Authority, and the accident
having taken place in the year 2020, has rightly assessed
the notional income of the deceased at Rs.13,750/- per
month. The Tribunal has rightly added 40% of the assessed
income towards 'future prospects', adopted correct
multiplier '18' having regard to age of the deceased, rightly
deducted 50% towards personal expenses of the deceased
since the deceased was a bachelor, and has awarded
2015 Kant.MAC 244
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compensation of Rs.20,79,000/- under the head 'loss of
dependency', which needs no interference.
(c) Though the Tribunal has awarded a sum of Rs.60,000/-
towards 'love and affection', in view of the decision of
Magma General Insurance Company Ltd., Vs. Nanu Ram
and Others2, the Tribunal has erred in not awarding
Rs.40,000/-each to the parents of the deceased towards
'loss of filial consortium'. Hence, the claimants are entitled
to a sum of Rs.40,000/- each towards 'loss of filial
consortium' with 10% escalation on the said amount, as
against Rs.60,000/- awarded by the Tribunal.
(d) The Tribunal has rightly awarded Rs.15,000/- each under
the heads 'loss of estate' and 'funeral expenses'. However,
the Tribunal has not given the escalation of 10% and hence,
the claimants would also be entitled to escalation at 10% on
the heads 'loss of estate' and 'funeral expenses'.
14. Thus, the claimants would be entitled for modified
compensation as under:
2018 ACJ 2782
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HC-KAR
1. Loss of dependency 20,79,000/-
2. Loss of filial consortium 88,000/-
3. Loss of Estate 16,500/-
4. Funeral expenses 16,500/-
Total 22,00,000/-
Thus, the claimants would be entitled to total compensation of
Rs.22,00,000/- as against Rs.21,69,000/- awarded by the
Tribunal. The enhanced compensation shall carry interest at the
rate of 6% per annum.
In view of the above, we pass the following:
ORDER
(i) M.F.A. No.104100/2023 filed by the insurance
company is dismissed.
(ii) M.F.A. No.100886/2024 filed by the claimants is
allowed in part.
(iii) The judgment and award, dated 16.05.2023,
passed in M.V.C. No.1672/2020 by the Senior
Civil Judge and Motor Accident Claims Tribunal,
Raibag, is modified to the extent of holding that
the claimants would be entitled to total
compensation of Rs.22,00,000/- as against
Rs.21,69,000/- awarded by the Tribunal. The
enhanced compensation shall carry interest at
the rate of 6% per annum from the date of
claim petition till the date of realization.
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(iv) The judgment and award of the Tribunal with
regard to fixing contributory negligence to the
extent of 70% on the driver of the tipper lorry
and 30% on the rider of the motorcycle i.e., the
deceased is affirmed.
(v) The appellant-Insurance Company shall deposit
the compensation amount to the extent of
liability saddled on it, with accrued interest
before the Tribunal within six weeks from the
date of receipt of certified copy of this
judgment.
(vi) Draw modified award accordingly.
The amount in deposit before this Court be
transmitted to Tribunal forthwith.
Pending interlocutory applications, if any, stand
disposed of as not surviving for consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
KMS, CT:VP
