Karnataka High Court
Shamanna And Ors vs Prabhu And Anr on 5 November, 2025
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NC: 2025:KHC-K:6576
MFA No. 202604 of 2024
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. 202604 OF 2024 (MV-D)
BETWEEN:
1. SHAMANNA
S/O. SHARANAPPA,
AGED ABOUT 57 YEARS, OCC. LABOUR,
2. MARUTI
S/O. SHAMANNA,
AGED ABOUT 28 YEARS, OCC. UNEMPLOYED,
3. DEEPAK
S/O. SHAMANNA,
AGED ABOUT 25 YEARS, OCC. UNEMPLOYED,
ALL ARE R/O CHATNALLI,
TQ. AND DIST. BIDAR-585401.
Digitally signed
by SUMITRA ...APPELLANTS
SHERIGAR (BY SMT.PATIL SHANTABAI SUBHASH, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. MR. PRABHU
S/O. GANGARAM,
AGED ABOUT 42 YEARS, OCC. BUSINESS,
R/O ASTOOR, TQ. AND DIST. BIDAR-585401.
2. SHRIRAM GENERAL INSURANCE COMPANY LTD.,
E-8, EPIP SITAPURA INDUSTRIAL AREA,
JAIPUR, RAJASTHAN,
THROUGH ITS MANAGER SERVICING OFFICE
NO. 302 1ST FLOOR, 41 A.J. CHAMBERS,
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MFA No. 202604 of 2024
HC-KAR
R.V ROAD, BASAVANAGUDI CITY,
BENGALURU-560001.
...RESPONDENTS
(BY SMT. SANGEETA BHADRA SHETTY, ADVOCATE;
R1-SERVED)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR TRIAL COURT RECORDS AND PLEASED TO ALLOW
THE APPEAL BY SET-ASIDE THE JUDGMENT AND AWARD
DATED 05-03-2024, PASSED BY THE II-ADDL SR. CIVIL JUDGE
AND JMFC AT BIDAR, IN MVC NO. 447/2022 AND PLEASED TO
ENHANCE COMPENSATION, IN THE INTEREST OF JUSTICE.
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 05.03.2024 passed in MVC
No.447/2022 by the II Additional Senior Civil Judge and
JMFC Court, Bidar (for short 'the tribunal'), seeking
enhancement of the compensation.
2. One Smt. Parvathi met with accident and suffered
fatal injuries and while on the way to Hospital succumbed to
the injuries. Claimant No.1 is the husband of the deceased
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and claimant Nos.2 and 3 are the children of the deceased.
They filed a claim petition before the tribunal seeking
compensation of Rs.30,00,000/- along with interest at the
rate of 12% per annum from the date of petition till the date
of realization. The tribunal after considering the entire
evidence on record, has awarded a sum of Rs.18,90,000/-
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 preferred the
present appeal.
3. It is contended that, the deceased Parvathi was
doing labour work and earning a sum of Rs.500/- per day. It
is also contended that, no amounts are granted under the
head of future prospects. Therefore, requested this Court for
enhancement of the compensation.
4. Learned counsel for the respondent No.2-
Insurance company contended that, as per Adhar Card, her
date of birth is shown as 01.01.1966. The Adhar Card is not
marked before the tribunal. She met with accident on
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27.08.2022. In the postmortem report, her age is mentioned
as 45 years. Hence, her age is to be considered as per the
postmortem report and the multiplier is '14'. The claimants
have not filed any income proof of the deceased. The
deceased met with the accident and died in the year 2022.
Therefore, as per the guidelines of the Karnataka State Legal
Services Authority, her income is to be taken at Rs.14,750/-.
25% is to be added towards future prospects and 1/3rd is to
be deducted towards personal expenses. Hence, the loss of
dependency would be as under:
Rs.14,750/- + 25% - 1/3rd X 12 X 14% =
Rs.20,65,000/-.
5. Claimant No.1 is entitled for Rs.44,000/- towards
loss of consortium and claimant Nos.2 and 3 are also entitled
to Rs.44,000/- each under the head of parental consortium.
The claimants are also entitled to a sum of Rs.30,000/-
towards conventional heads. Hence, the total compensation
would be as under:
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Sl.No. Heads of compensation Amount
1 Loss of dependency Rs.20,65,000/-
2 Loss of consortium Rs.1,32,000/-
(Rs.44,000/- X 3)
3 Conventional heads Rs.30,000/-
Total Rs.22,27,000/-
6. Learned counsel for the Insurance company
submits that, the compensation amount awarded by the
tribunal has been 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.22,27,000/- along with
interest at the rate of 6% per annum from the date
of petition till the date of realization, as against
Rs.18,90,000/- awarded by the tribunal;
(iii) The Insurance company is directed to
deposit the enhanced compensation of
Rs.3,37,000/- along with interest within one month
from the date of this order;
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HC-KAR
(iv) On deposit, the claimant No.1/appellant
No.1 alone is permitted to withdraw the entire
amount along with interest accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH
