Karnataka High Court
Ramanna And Anr vs Malati J.Shah And Anr on 5 November, 2025
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NC: 2025:KHC-K:6550
MFA No. 202158 of 2018
C/W MFA.CROB No. 200011 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202158 OF 2018 (MV-I)
C/W
MFA CROSS OBJ NO. 200011 OF 2019
IN MFA NO.202158/2018:
BETWEEN:
THE BRANCH MANAGER
THE ORIENTAL INSRUANCE CO. LTD,
AHAMADABAD THROUGH BRANCH OFFICE,
Digitally signed
by SUMITRA 1ST FLOOR, BIDARI COMPLEX, S.S. FRONT ROAD,
SHERIGAR VIJAYAPURA-586101.
Location: HIGH PRESENTLY REPRESNTD BY DIVISIONAL MANAGER
COURT OF
KARNATAKA
...APPELLANT
(BY SRI. UDAY P HONGUNTIKAR, ADVOCATE)
AND:
1. RAMANNA S/O. NINGAPPA KALASHETTI,
AGE:MAJOR, OCC: BUSINESS,
R/O MIRAGI VILLAGE, TQ:INDI,
DIST: BIJAPUR-586209.
2. SMT. PARVATI W/O RAMANNA KALASHETTI
AGE:MAJOR, OCC: HOUSEHOLD WORK,
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MFA No. 202158 of 2018
C/W MFA.CROB No. 200011 of 2019
HC-KAR
R/O MIRAGI VILLAGE, TQ:INDI,
DIST: VIJAYAPUR-586209.
3. SMT. MALATI J. SHAH
AGE:MAJOR, OCC: NIL,
R/O NO.3, VIKAS ENTERPRISES DO.II,
KALIDAS CHAMBERS, LAL DARWAJA
AHAMEDABAD-380001
...RESPONDENTS
(BY SRI. BIRADAR VIRANGOUDA, ADV. FOR R1 & R2;
V/O DTD. 25.06.2025, NOTICE TO R3 HELD SUFFICIENT)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO A)
CALL FOR RECORDS IN MVC NO.647/2002 ON THE FILE OF THE I
ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-VI,
VIJAYAPURA DATED 27.07.2018.B) SET ASIDE THE JUDGMENT
AND AWARD DATED 27.07.2018 PASSED BY THE I ADDL. SENIOR
CIVIL JUDGE AND MEMBER MACT-VI, VIJAYAPURA BY ALLOWING
THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA CROB. NO.200011/2019:
BETWEEN:
1. RAMANNA
S/O. NINGAPPA KALASHETTI,
AGE:MAJOR, OCC: BUSINESS,
2. PARVATI W/O. RAMANNA KALASHETTI,
AGE:MAJOR, OCC: H.H.WORK
BOTH ARE R/O MIRAGI, TQ:INDI
DIST: VIJAYAPURA-586209.
...CROSS OBJECTORS
(BY SRI. BIRADAR VIRANAGOUDA, ADVOCATE)
AND:
1. MALATI J.SHAH
3, VIKAS ENTERPRISES,
DO.II KALIDAS CHAMBERS
LAL DARWAJA AHMEDABAD-380001.
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MFA No. 202158 of 2018
C/W MFA.CROB No. 200011 of 2019
HC-KAR
2. THE BRANCH MANAGER
ORIENTAL ASSURANCE CO. LTD,
AHMADABAD.
SUMMONS TO BE SERVED
THROUGH LOCAL BRANCH OFFICE
S.S. FRONT ROAD, VIJAYAPUR-586103.
...RESPONDENTS
(BY SRI.UDAY P. HONGUNTIKAR, ADV.FOR R2;
V/O. DTD 18.09.2019, NOTICE TO R1 D/W)
THIS MFA CROB. IS FILED U/O. 41 RULE 22 OF CPC,
PRAYING TO ALLOW THIS CROSS OBJECTION/ APPEAL BY
MODIFYING THE AWARD OF JUDGMENT AND AWARD OF THE I
ADDL. SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL NO.VI, VIJAYAPUR, DATED-27.07.2018, IN MVC
NO.647/2002, IN THE INTEREST OF JUSTICE AND EQUITY.
THSES APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
Heard the arguments of learned counsel for both the
parties.
2. These two appeals are filed against the judgment
and award dated 27.07.2018 in MVC No.647/2024 passed by
the I Additional Senior Civil Judge and MACT VI, Vijayapura
(for short 'the Tribunal').
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C/W MFA.CROB No. 200011 of 2019
HC-KAR
3. Deceased met with an accident on 16.04.2002. A
claim petition was filed by the parents of the deceased
claiming compensation of Rs.9,00,000/-. The Tribunal after
considering entire material on record, granted amount of
Rs.3,61,000/- with interest at 9% p.a from 08.08.2011 to till
the date of realization.
4. Being aggrieved by the said order, MFA
No.202158/2018 is preferred by the Insurance company and
mainly contended that, the driver of the vehicle has no
driving licence and it amounts to violation of terms and
conditions of the policy and they are not liable to pay the
compensation.
5. The cross objections in MFA Crob
No.200011/2018 is filed by the claimants in which it is
contended that, the claimant was getting a salary of
Rs.4,000/- per month as per Ex.P.5 salary certificate, but the
tribunal has taken only Rs.3,000/- per month and meager
amounts were granted under the other heads and requested
for enhancement of the compensation.
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C/W MFA.CROB No. 200011 of 2019
HC-KAR
6. Pundalik was aged 28 years and was working in
the factory at Washiwali. He met with accident on
16.04.2002. The claimants have produced salary certificate
at Ex.P.5, but the same has not been considered. He met
with accident on 16.04.2002. Therefore, as per the
guidelines of the Karnataka State Legal Services Authority,
the income of the deceased is to be taken at Rs.4,250/- per
month. He was aged 28 years and the multiplier is '17' and
he is entitled for 40% towards future prospects and 50% is
to be deducted towards personal expenses as he was
unmarried as on the date of the accident. Hence, the loss of
dependency would comes to:
Rs.3,250/- + 40% - 50% X 12 X 17 = Rs.4,64,100/-.
7. Claimant Nos.1 and 2 are the parents of the
deceased. Hence, claimant Nos.1 and 2 are entitled for a
sum of Rs.48,000/- each towards filial consortium. They are
also entitled for a sum of Rs.30,000/- towards conventional
heads. Hence, the total compensation would be as under:
Sl.No. Heads of compensation Amounts
1 Loss of dependency Rs.4,64,100/-
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C/W MFA.CROB No. 200011 of 2019
HC-KAR
2 Filial consortium Rs.96,000/-
3 Conventional heads Rs.30,000/-
Total Rs.5,90,100/-
8. Hence, the claimants are entitled for total
compensation of Rs.5,90,100/- along with interest at the
rate of 6% per annum from 08.08.2011 till the date of
realization as against Rs.3,61,000/- awarded by the tribunal.
9. Learned counsel for the Insurance company
submitted that, the driver of the Insured vehicle has no
driving licence and in view of Pappu and others Vs. Vinod
Kumar Lamba and another, reported in 2018 (3) SCC
308 the Insurance company is liable to pay the
compensation and later it can recover the same from the
owner of the vehicle.
10. This Court finds it reasonable to direct the
Insurance company to pay the compensation and recover the
same from the owner of the vehicle.
11. Accordingly, the following order:
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C/W MFA.CROB No. 200011 of 2019
HC-KAR
ORDER
(i) MFA No.202158/2018 is allowed in
part;
(ii) MFA Crob No.200011/2019 is also
partly allowed;
(iii) The claimants are entitled for total
compensation of Rs.5,90,100/- along with interest
at the rate of 6% per annum from 08.08.2011 till
the date of realization as against Rs.3,61,000/-
awarded by the tribunal;
(iv) The Insurance company is directed to
deposit the enhanced compensation of
Rs.5,90,100/- along with interest at the rate of 6%
interest per annum from 08.08.2011 within a
period of one month;
(v) On such deposit, both the claimants are
permitted to withdraw the entire amount equally.
sd/-
(P SREE SUDHA)
JUDGE
THM,SVH
