Karnataka High Court
Faijahamad Bashirali Shaik And Ors vs Gulab Nabilal Shaik And Anr on 10 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No. 203823 of 2023
C/W MFA No. 201781 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO. 203823 OF 2023 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 201781 OF 2024 (MV-D)
IN MFA NO.203823/2023:
BETWEEN:
1. FAIJAHAMAD BASHIRALI SHAIK,
AGE: 60 YEARS,
OCC: COOLIE,
Digitally signed by
RAMESH
MATHAPATI
2. HASINA W/O FAIJAHAMAD SHAIK,
Location: HIGH AGE: 57 YEARS,
COURT OF
KARNATAKA OCC: HOUSEHOLD WORK,
3. AFRIN W/O JAVED SHAIK,
AGE: 30 YEARS,
OCC: HOUSEHOLD WORK,
4. SABIRA D/O JAVED SHAIK,
AGE: 3 YEARS, OCC: NIL,
APPELLANT NO.4 IS MINOR R/BY MOTHER
APPELLANT NO.3 AS M/G,
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MFA No. 203823 of 2023
C/W MFA No. 201781 of 2024
HC-KAR
ALL ARE R/O. J.M. ROAD,
VIJAYAPURA - 586 101.
...APPELLANTS
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
1. GULAB NABILAL SHAIK,
AGE: 32 YEARS,
OCC:COOLIE,
R/O. SHERKHAN VASTI, KOYANA NAGAR,
DEGAON ROAD, SOLAPUR - 413 001.
(OWNER OF MOTOR CYCLE NO.MH.13/CH.8057)
2. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
GOKUL ROAD, VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI. UDAY P. HONGUNTIKAR ADV. FOR R2;
V/O DATED 06.12.2023 NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL FILED U/S. 173(1)
OF MV ACT, PRAYING TO CALL FOR RECORDS AND ENHANCED
THE AWARD AMOUNT BY MODIFYING THE IMPUGNED
JUDGMENT AND AWARD DATED 26.06.2023 PASSED BY THE II
ADDITIONAL SENIOR CIVIL JUDGE AND MACT-VII, VIJAYAPURA
IN MVC NO.1282/2021.
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MFA No. 203823 of 2023
C/W MFA No. 201781 of 2024
HC-KAR
IN MFA NO.201781/2024:
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD.,
GURUKUL ROAD, VIJAYAPURA - 586 101.
PRESENTLY REPRESENTED BY DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMAPANY LTD.,
DIVISIONAL OFFICE, 10-2-7, P.B. NO. 12,
IIND FLOOR, S.B TEMPLE ROAD, SANGAMESHWAR
NAGAR, KALABURAGI - 585 103.
...APPELLANT
(BY SRI. UDAY P. HONGUNTIKAR, ADVOCATE)
AND:
1. FAIJAHAMAD BASHIRALI SHAIK,
AGE: 61 YEARS,
OCC: COOLIE,
2. HASINA W/O FAIJAHAMAD SHAIK,
AGE: 58 YEARS,
OCC: HOUSEHOLD WORK,
3. AFRIN W/O JAVID SHAIK,
AGE: 31 YEARS,
OCC: HOUSEHOLD WORK,
4. SABIRA D/O JAVED SHAIK,
AGE: 4 YEAR OCC: NIL,
RESPONDENT NO. 4 IS MINOR R/O BY
HER MOTHER RESPONDENT NO.3 AS M/G
ALL ARE R/O. J. M. ROAD,
VIJAYAPURA-586 104.
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MFA No. 203823 of 2023
C/W MFA No. 201781 of 2024
HC-KAR
5. GULAB NABILAL SHAIK,
AGE: 33 YEARS, OCC: COOLIE,
R/O SHERKHAN VASTI, KOYANA NAGAR,
DEGAON ROAD, SOLAPUR-413 002.
(OWNER OF MOTORCYCLE NO. MH-13/CH-8507)
...RESPONDENTS
(BY SRI. BASAVARAJ R. MATH, ADV. FOR R1 TO R4;
R5 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL UNDER SECTION
173(1) OF THE KARNATAKA MOTOR VEHICLES ACT, 1988,
PRAYING TO CALL FOR THE RECORDS IN MVC NO.1282/2021
ON THE FILE OF HON'BLE MOTOR ACCIDENT CLAIMS TRIBUNAL
NO.VII, VIJAYAPURA DATED 26.06.2023, AND SET ASIDE THE
JUDGMENT AND AWARD DATED 26.06.2023 IN MVC
NO.1282/2021 PASSED BY THE HON'BLE MOTOR ACCIDENT
CLAIM TRIBUNAL NO.VII, VIJAYAPURA BY ALLOWING THE
APPEAL.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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MFA No. 203823 of 2023
C/W MFA No. 201781 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
MFA No.203823/2023 is filed by the claimants,
whereas MFA No.201781/2024 is filed by the Insurance
Company under Section 173(1) of the Motor Vehicles Act,
(for short, 'the Act') being aggrieved by the judgment and
award dated 26.06.2023 passed in MVC No.1282/2021 by
the II Additional Senior Civil Judge and MACT-VII,
Vijayapura (for short 'the Tribunal'). Since the challenge
is to the same judgment, both the appeals are clubbed
together, heard and common judgment is being passed.
2. Facts giving rise to the filing of the appeals
briefly stated are that, on 18.08.2021 at about 7.16 p.m.
on Balidan Chowk to Devgaon road in between Roopa
Bhavani Chowk to Maddi Vasti Chowk at Solapur, when the
deceased Javed was traveling as a pillion rider on the
motorcycle bearing registration No.MH-13/CH-8057. At
that time, rider of the motorcycle rode it in high speed and
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in rash and negligent manner and dashed to the road
divider resulting in the accident. As a result of the
aforesaid accident, the deceased sustained grievous
injuries and succumbed and died on the way to the
hospital.
3. The claimants filed a petition under Section 166
of the Act seeking compensation for the death of the
deceased along with interest.
4. On service of summons, the respondent Nos.1
did not appear and placed exparte. Respondent No.2
appeared through its counsel and filed written statement
in which the averments made in the petition were denied.
The age, occupation and income of the deceased are
denied. It was further pleaded that the accident in was
due to the rash and negligent riding of the motorcycle by
the deceased himself. It was further pleaded that there is
violation of terms and conditions of the policy as the rider
of the insured motorcycle was not holding valid and
effective driving licence. It was further pleaded that the
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quantum of compensation claimed by the claimants is
exorbitant. Hence, he sought for dismissal of the petition.
5. On the basis of the pleadings of the parties, the
Tribunal framed the issues and thereafter recorded the
evidence. The claimants, in order to prove their case,
examined claimant No.3 examined as PW-1 and got
exhibited documents namely Ex.P1 to Ex.P.9. On behalf of
respondent No.2, did not led any evidence nor got marked
documents. The Tribunal, by the impugned judgment,
inter alia, held that the accident took place on account of
rash and negligent riding of the offending vehicle by its
rider, as a result of which, the deceased sustained injuries
and succumbed to the injuries. The Tribunal further held
that the claimants are entitled to a compensation of
Rs.31,04,000/- along with interest at the rate of 6% p.a.
and directed the insurance company to deposit the
compensation amount along with interest. Being aggrieved
by the same, these appeals have been filed.
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6. Sri.Uday.P.Honguntikar, the learned counsel for
the Insurance Company has raised the following
contentions:
a) Firstly, even though the claimants have claimed
the income of the deceased at Rs.50,000/- per month by
doing agricultural and contract work. They have not
produced any documents to establish the same. The
Tribunal assessed the notional income on the basis of the
chart prepared by the Karnataka State Legal Service
Authority, the accident has occurred in the year, 2021
instead of considering the income at Rs.14,250/- has
wrongly considered at Rs.15,750/-.
b) Secondly, he has contented that considering the
age and avocation of the deceased, the overall
compensation awarded by the Tribunal is on higher side.
Hence, he sought for reduction of compensation by
allowing the appeal filed by the Insurance Company.
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7. Per contra, learned counsel appearing for the
claimants has contented that at the time of accident, the
deceased was earning of Rs.50,000/- per month from the
contract work.
a) Secondly, it is clear from the evidence of P.W.1
that her husband was working as a Contractor at the time
of accident. Considering this aspect of the matter, the
monthly income assessed by the Tribunal at Rs.15,000/- is
on the lower side.
b) Thirdly, he has contented that in view of the
judgment of Hon'ble Apex Court in case of MAGMA
GENERAL INSURANCE CO. LTD. -V- NANU RAM [2018 ACJ
2782], the claimants are entitled towards the loss of
consortium at Rs.40,000/- and Rs.15,000/- each towards
the loss of estate and funeral expenses and they also
entitled for 10% escalation on the conventional heads.
Hence, the claimants are entitled for Rs.44,000/- each
under the head of 'loss of consortium' and Rs.16,500/-
under the head of 'loss of estate' and Rs.16,500/- for
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funeral expenses. Hence, he sought for enhancement of
compensation.
8. Heard the learned counsel appearing for the
parties. Perused the appeal papers.
9. It is not in dispute that the deceased Javed
Faijahamad Shaik died in road traffic accident which
occurred on 18.08.2021 due to rash and negligent riding
by the rider of the motorcycle bearing registration No.MH-
13/CH-8057. Even though claimants have claimed that the
deceased was earning Rs.20,000/- per month as a
contract work, except there is a reference in Ex.P.3(a), no
other documents have been produced to prove that the
deceased was earning Rs.20,000/- per month. Under
these circumstances, notional income has to be assessed
as per the guidelines issued by Karnataka State Legal
Service Authority, for the accident occurred in the year
2021, the notional income has to be considered as
Rs.14,250/- p.m. instead of Rs.15,000/-p.m. The Tribunal
has rightly added 40% of the income of the deceased for
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towards the 'future prospects' and rightly deducted ¼th
income of the deceased for his personal and living
expenses. The Tribunal has rightly applied the multiplier
'16'.
10. Accordingly, loss of dependency has been
reassessed as follows.
11. Thus, the claimants are entitled to
compensation of Rs.28,72,800/- (Rs.14,250 + 40%) =
19,950*12*16*1/4 on account of 'loss of dependency'.
12. In addition, the claimants are entitled to
compensation of Rs.16,500/- on account of 'loss of estate'
and compensation of Rs.16,500/- on account of 'funeral
expenses'.
13. In view of the law laid down by the Supreme
Court in the case of 'MAGMA GENERAL INSURANCE'
(supra), claimant Nos.1 and 2, are parents of the
deceased are entitled for compensation of Rs.44,000/-
each under the head of 'loss of filial consortium', claimant
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No.3, wife of the deceased is entitled for compensation of
Rs.44,000/- under the head of 'loss of spousal consortium'
and claimant No.4 daughter of the deceased is entitled for
compensation of Rs.44,000/- under the head of 'loss of
parental consortium'.
14. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in
different Heads (Rs.)
Loss of dependency 28,72,800/-
Funeral expenses 16,500/-
Loss of estate 16,500/-
Loss of spousal 44,000/-
consortium
Loss of Parental 44,000/-
consortium
Loss of Filial consortium 88,000/-
(44,000 x 2)
Total 30,81,800/-
15. In the result, we pass the following;
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ORDER
(i) Both the appeals are allowed-in-part.
(ii) The judgments of the Claims Tribunal is
modified.
(iii) The claimants are entitled to a total
compensation of Rs.30,81,800/- as against
Rs.31,04,000/- awarded by the Tribunal.
(iv) The Insurance Company is directed to
deposit the entire compensation along with
interest at 6% p.a. from the date of filing of
the claim petition till the date of realization,
within a period of six weeks from the date of
receipt of copy of this judgment.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
AMM
List No.: 1 Sl No.: 30, CT: SB
