Karnataka High Court
Gadilingappa S/O Marilingappa vs Vallam Sheety Venkata Sheshaiah S/O ... on 25 November, 2025
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NC: 2025:KHC-D:16374
MFA No. 101369 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 101369 OF 2024 (MV-D)
BETWEEN:
1. GADILINGAPPA S/O. MARILINGAPPA,
AGED ABOUT 49 YEARS,
2. AMBAMMA W/O. GADILINGAPPA,
AGED ABOUT 44 YEARS,
3. MAHESHAMMA D/O. GADILINGAPPA,
AGED ABOUT 24,
4. HANUMANTHAMMA D/O. GADILINGAPPA,
AGED ABOUT 19 YEARS,
5. SHIVA S/O. GADILINGAPPA,
AGED ABOUT 19 YEARS,
GIRIJA A. ALL ARE R/O WARD NO.2,
BYAHATTI HANDYALARA ONI,
Digitally signed by
GIRIJA A. BYAHATTI
KOLUR VILLAGE,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
BALLARI TALUK AND DISTRICT-583101.
DHARWAD
...APPELLANTS
(BY SRI. AKASH, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
1. VALLAM SHETTY VENKATA SHESHAIAH,
S/O. VALLAM SHETTY ANJINEYULU,
DRIVER OF THE TRACTOR AND TRAILER BEARING
REG. NO. AP-27/AD-3487 AND AP-27/AD-3488
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MFA No. 101369 of 2024
HC-KAR
R/O. GOPALAPURA CAMP, BALLUR VILLAGE,
BALLARI TALUK AND DISTRICT-583101.
2. ANJINEYULU VALLAM SHETTY,
S/O. VENKATESHWARULU,
OWNER OF THE TRACTOR AND TRAILER
BEARING REG. NO.AP-27/AD-3487
AND AP-27/AD-3488,
AGED ABOUT 59 YEARS,
R/O. D.NO. 6-333,
CHADALAWADA, CHIRALA ROAD,
N.G. PAU DISTRICT, PRAKASAM,
ANDHRA PRADESH-523183.
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
POLICY ISSUED AT VIJAYA COMPLEX,
DHARAVARI GARDEN,
WARD NO.3, STATION ROAD, ONGOLE,
PRAKASAM ANDHRA PRADESH,
BRANCH LOCAL ADDRESS IS
SIRUGUPPA ROAD, BALLARI-583101.
...RESPONDENTS
(BY SRI. JAVALI GURURAJENDRA, ADVOCATE FOR R3;
NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL
BY MODIFYING THE JUDGMENT AND AWARD DATED 01.07.2023
PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL-XII AT
BALLARI IN M.V.C. NO.305/2019 BY ENHANCING THE
COMPENSATION RS.14,99,000/- THE APPELLANT AND PASS
SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT
DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:16374
MFA No. 101369 of 2024
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Akash who represents Sri.Y.Lakshmikant
Reddy, learned counsel on record for the appellants as well
as Sri.Javali Gururajendra, learned counsel for respondent
No.3.
2. This appeal arises out of the award that is passed
by the Motor Accident Claims Tribunal-XII, Ballari
(hereinafter referred to as 'the Tribunal' for brevity) in
M.V.C. No.305/2019 dated 01.07.2023.
3. It is an admitted case that the claim is laid on
account of death of deceased Mallikarjuna (hereinafter be
referred to as 'the deceased' for brevity) died in a road
traffic accident that occurred in the year 2018. The Tribunal
entertaining the claim petition, awarded a sum of
Rs.17,76,600/- towards loss of dependency, Rs.20,000/-
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HC-KAR
towards loss of estate and Rs.15,000/- for transportation of
dead body and for performing funeral. In total a sum of
Rs.18,11,600/- is awarded as compensation. As the
deceased died as bachelor, the Tribunal deducted 50% of
the earnings of the deceased towards his personal and
living expenses, which the deceased would have incurred
for himself had he been alive. Learned counsel for the
appellants submits that though the deceased died as
bachelor, as he resided in a village, 1/4th of the earnings are
required to be deducted towards personal and living
expenses. This Court does not find any such distinction
between people living in urban areas and rural areas
regarding deduction of personal and living expenses of the
bachelors who dies in road traffic accidents. Thus, the
submission in that regard requires no consideration.
4. The only valid ground urged by learned counsel
for the appellants is in respect of failure on part of the
Tribunal to award compensation under the head 'loss of filial
consortium'. Learned counsel for respondent No.3 submits
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that appellants No.1 and 2 being the parents of the
deceased may be granted compensation towards loss of
consortium and the appeal may be allowed to that extent.
5. As per the settled proposition of law, appellants
No.1 and 2 that is the parents of the deceased are entitled
to Rs.40,000/- towards loss of filial consortium. Hence, the
appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal-XII, Ballari
through orders in M.V.C. No.305/2019
dated 01.07.2023 is enhanced by
Rs.40,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% per annum from the date
of petition till the date of deposit.
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HC-KAR
(iv) Respondent No.3 is directed to deposit the
enhanced sum within a period of eight
weeks from the date of receipt of certified
copy of this judgment.
(v) Out of the enhanced sum, the first
appellant is entitled to Rs.25,000/- and
the second appellant to Rs.15,000/-.
(vi) On deposit, appellants No.1 and 2 are
permitted to withdraw their respective
shares.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH
CT-MCK
