Karnataka High Court
Smt.Laxmi vs M/S Ganesh Tours on 14 October, 2025
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NC: 2025:KHC-D:13819
MFA No. 103142 of 2016
C/W MFA No. 100034 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.103142 OF 2016 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.100034 OF 2015
IN M.F.A. NO.103142/2016 :
BETWEEN:
1. SMT. LAXMI
W/O. SURESH BANDIVADDAR,
AGE: 41 YEARS,
OCC: HOUSEHOLD WORK,
R/O: HOUSE NO.4825,
VADDAR GALLI,
GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI-591307.
2. KUMARI REKHA
GIRIJA A.
BYAHATTI D/O. SURESH BANDIVADDAR,
AGE: 22 YEARS,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
OCC: HOUSEHOLD WORK,
COURT OF
KARNATAKA
DHARWAD BENCH
R/O: HOUSE NO.4825,
DHARWAD
VADDAR GALLI,
GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI-591307.
3. KUMAR SANTOSH
S/O. SURESH BANDIVADDAR,
AGE: 21 YEARS,
OCC: STUDENT,
R/O: HOUSE NO.4825,
VADDAR GALLI,
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NC: 2025:KHC-D:13819
MFA No. 103142 of 2016
C/W MFA No. 100034 of 2015
HC-KAR
GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI-591307.
4. KUMAR NAGESH
S/O. SURESH BANDIVADDAR,
AGE: 19 YEARS,
OCC: STUDENT,
R/O: HOUSE NO.4825,
VADDAR GALLI,
GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI-591307.
5. SMT. BHIMAWWA
W/O. GANAPATI BANDIVADDAR,
AGE: 81 YEARS, OCC: NIL,
R/O: HOUSE NO.4825,
VADDAR GALLI, GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI-591307.
...APPELLANTS
(BY SRI SRINIVAS N. ADVOCATE FOR
SRI JAGADISH PATIL, ADVOCATE)
AND:
1. M/S SHREE GANESH TOURS AND TRAVELS,
YADAV NIVAS, OPP. ST STAND, KALHER VILLAGE
TAL: BHIWANDI, DIST: THANE,
R/BY ITS PROPRIETOR,
SRI. SARJERAO DADASAHEB YADAV,
AGE: MAJOR, OCC: BUSINESS,
R/O. AMBIKA SADAN NO.11,
145 TAKIYA WARD, LBS MARG, KURLA,
MUMBAI-400070
(OWNER OF SWIFT D-ZIRE CAR,
BEARING NO.MH-04/ES-7253).
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MFA No. 103142 of 2016
C/W MFA No. 100034 of 2015
HC-KAR
2. THE RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
THROUGH ITS DIVISIONAL OFFICE,
MAHADEV PLAZA, CTS NO.10719,
SY.NO.135/A, NEAR KOLHAPUR CIRCLE,
NEHARU NAGAR, BELAGAVI.
(INSURER OF SWIFT D-ZIRE CAR
BEARING NO.MH-04/ES-7253
VIDE POLICY NO.1110722338000881,
VALID FROM 03/09/2012 TO 02/09/2013)
...RESPONDENTS
(BY MISS ANUSHA SANGHAMI FOR
SRI S.K. KAYAKMATH, ADVOCATES FOR R2;
R1-NOTICE HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE PRL. SENIOR CIVIL
JUDGE AND ADDITIONAL MACT BELAGAVI IN
M.V.C.NO.1500/2013 DATED 23/10/2014 ALLOWING THE CLAIM
PETITION IN PART AND AWARD THE COMPENSATION AS PRAYED
FOR BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN M.F.A.NO.100034/2015 :
BETWEEN:
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
THOUGH ITS DIVISIONAL OFFICE,
MAHADEV PLAZA, CTS NO.10719,
SY NO.135/A, NEAR KOLHAPUR CIRCLE,
NEHRU NAGAR, BELGAUM
NOW REPRESENTED BY ITS
DEPUTY MANAGER, RELIANCE GENERAL
INSURANCE COMPANY LIMITED,
BRANCH OFFICE, CTS # 172/171,
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MFA No. 103142 of 2016
C/W MFA No. 100034 of 2015
HC-KAR
V.A. KALBURGI SQUARE, DESAI CROSS,
DESHPANDE NAGAR, HUBLI.
...APPELLANT
(BY MISS ANUSHA SANGHAMI FOR
SRI S.K. KAYAKMATH, ADVOCATES)
AND:
1. SMT. LAXMI
W/O. SURESH BANDIVADDAR,
AGE: 39 YEARS, OCC: HOUSEHOLD,
R/O: HOUSE NO.4825,
VADDAR GALLI, GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
2. KUMARI REKHA
D/O. SURESH BANDIVADDAR,
AGE: 20 YEARS, OCC: HOUSEHOLD,
R/O: HOUSE NO.4825,
VADDAR GALLI, GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
3. KUMAR SANTOSH
S/O. SURESH BANDIVADDAR,
AGE: 19 YEARS, OCC: STUDENT,
R/O: HOUSE NO.4825,
VADDAR GALLI, GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
4. KUMAR NAGESH
S/O. SURESH BANDIVADDAR,
AGE: 17 YEARS, OCC: STUDENT,
R/O: HOUSE NO.4825,
VADDAR GALLI, GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
5. SMT. BHIMAWWA
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MFA No. 103142 of 2016
C/W MFA No. 100034 of 2015
HC-KAR
W/O. GANAPATI BANDIVADDAR,
AGE: 79 YEARS, OCC: NIL,
R/O: HOUSE NO.4825,
VADDAR GALLI, GURUWAR PETH,
GOKAK, TAL: GOKAK,
DIST: BELAGAVI.
(SINCE RESPONDENT NO. 4 IS MINOR
R/BY HIS NATURAL GUARDIAN MOTHER
RESPONDENT NO.1)
6. M/S SHREE GANESH TOURS AND TRAVELS,
YADAV NIVAS, OPP. ST STAND, KALHER VILLAGE,
TAL: BHIWANDI, DIST: THANE,
REP. BY ITS PROPRIETOR,
SARJERAO DADASAHEB YADAV,
AGE: MAJOR, OCC: BUSINESS,
R/O. AMBIKA SADAN NO.11,
145, TAKIYA WARD, LBS MARG,
KURLA, MUMBAI-400070.
(OWNER OF SWIFT D-ZIRE CAR
BEARING REGN. NO.MH-04/ES-7253)
...RESPONDENTS
(BY SRI. SRINIVAS N. ADVOCATE FOR
SRI. JAGADISH PATIL, ADVOCATE FOR R1-R3 & R5;
NOTICE TO R6 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS,
HEAR THE PARTIES, AND ALLOW THE APPEAL AS PRAYED FOR
BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 23.10.2014 PASSED BY THE PRINCIPAL SENIOR CIVIL
JUDGE & ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BELGAUM IN M.V.C.NO.1500/2013, WITH COST IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR FURTHER HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 103142 of 2016
C/W MFA No. 100034 of 2015
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
These two appeals are the outcome of the award that is
passed by the Additional Motor Accident Claims Tribunal,
Belagavi, in MVC No.1500 of 2013 dated 23.10.2014.
2. While MFA 100034/2015 is filed by respondent
No.2 to the claim petition, MFA 103142 of 2016 is filed by the
claimants therein. For the sake of convenience of discussion,
the contesting parties to the both appeals will hereinafter be
referred to as 'the claimants' and 'the insurance company'.
3. Heard Ms. Anusha Sangami, who appears through
Video Conference and represents Sri S.K.Kayakamath, learned
counsel on record for the insurance company. Also heard Sri
Srinivas, who represents Sri Jagadish Patil learned counsel on
record for the claimants in both the appeals.
4. As per the submission made by both the learned
counsel, these appeals were filed disputing the quantum of
amount that is awarded as compensation. While the claimants
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HC-KAR
contend that the compensation granted is on lower side, the
version of the insurance company is that the sum awarded is
exorbitant.
5. It is not in dispute that the husband of the first
claimant, the father of claimants 2 to 4 and the son of the fifth
claimant by name Sri Suresh Ganapati Bandivaddar
(hereinafter be referred to as "the deceased" for brevity) died
in a road traffic accident that occurred in the year 2013. As
per the version of the claimants the deceased by attending
stone cutting work was earning Rs.10,000/- per month as on
the date of accident. However the claimants failed to produce
any proof with regard to the occupation and earnings of the
deceased as on the date of accident. Perceiving the same, the
tribunal took the notional income of the deceased as
Rs.7,000/- per month. There is no grievance either for the
insurance company or the claimants in that regard.
6. So far as age of the deceased as on the date of
accident is concerned, the submission that is made by learned
counsel for the insurance company is that the tribunal
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HC-KAR
considered the Aadhar card, which is marked as Ex.P14 and
voter identity card, which is marked as Ex.P15 and came to a
conclusion that the deceased was aged around 44 years by
the date of accident. Learned counsel submits that as per
Ex.P12-post mortem report, the age is shown as 46 years and
therefore such age should be taken into consideration.
7. On the other hand the submission that is made by
learned counsel for the claimants is that the age mentioned in
the post mortem report is not conclusive proof and therefore
the same should not be considered. Admittedly there is no
proof that the required tests were conducted during the post
mortem examination to ascertain the age of the deceased.
Likewise, even the Aadhar card and voter identity card cannot
be taken into consideration to ascertain in exact terms the age
of the deceased. In the case on hand as per the post mortem
report the age of the deceased is 46 years and as per the
Aadhar card and Voter ID his age is 44 years by the date of
accident. The Tribunal taking into consideration the
approximate age as 44 years by the date of accident applied
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HC-KAR
multiplier '14'. In case, 46 years is considered to be the age of
the deceased, the multiplier to be applicable is '13'. However
as there is no authentic proof with regard to the age of the
deceased, it cannot be held that the tribunal erred in applying
the appropriate multiplier '14' taking the age of the deceased
as 44 years.
8. So far as adding of future prospects is concerned,
as rightly submitted by learned counsel for the claimants,
25% of the earnings are required to be added as future
prospects as per the decision of the Hon'ble Apex Court in
Pranay Sethi's case. However the tribunal added future
prospects at the rate of 20% only. Thus taking the notional
monthly income as Rs.7,000/-, adding 25% towards future
prospects, deducting 1/4th of the earnings towards personal
and living expenses, which the deceased would have incurred
for himself had he been alive as the dependants are five in
number and applying the appropriate multiplier '14', the
compensation which the claimants are entitled to under the
head 'loss of dependency' is as under:
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HC-KAR
Notional monthly income Rs.7,000.00
Annual income Rs.84,000.00
Add 25% towards future Rs.1,05,000.00
prospects
Deduct 1/4th towards personal Rs.78,750.00
and living expenses
Loss of dependency on applying Rs.11,02,500/-
appropriate multiplier '14'
9. Thus, the claimants are entitled to a sum of
Rs.11,02,500/- towards 'loss of dependency'. Together with
the said amount the claimants are entitled to Rs.15,000/-
towards 'funeral expenses', Rs.15,000/- towards 'loss of
estate' and Rs.17,000/- towards 'medical and incidental
expenses'. Also the first claimant being the wife of the
deceased is entitled to Rs.40,000/- towards 'loss of spousal
consortium'. The claimants 2 to 4 being the children of the
deceased are entitled to Rs.40,000/- towards 'loss of parental
consortium'. The fifth claimant being the mother of the
deceased is entitled to Rs.40,000/- towards 'loss of filial
consortium'.
10. Thus the total compensation which the claimants
are entitled to receive under each head is as under:
Heads Amount in Rs.
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HC-KAR
Loss of dependency 11,02,500.00
Funeral expenses 15,000.00
Loss of estate 15,000.00
Medical and incidental expenses 17,000.00
Loss of spousal consortium 40,000.00
Loss of parental consortium 40,000.00
Loss of filial consortium 40,000.00
Total 12,69,500.00
11. So far as award of interest on the compensation
granted is concerned, learned counsel who represents the
insurance company states that the rate of interest should be
6% per annum but the tribunal granted interest at the rate of
9% per annum. The said submission is justifiable. Therefore
this Court considers desirable to reduce the rate of interest on
the awarded amount from 9% per annum to 6% per annum.
Thus both the appeals are disposed of with the following:
ORDER
(i) Both the appeals are allowed in part.
(ii) The compensation that is granted by the
Additional Motor Accident Claims Tribunal,
Belagavi, through orders in MVC 1500 of
2013 dated 23.10.2014 is enhanced from
Rs.11,68,000/- to Rs.12,69,500/-.
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(iii) The total awarded sum shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
(iv) As per orders in IA No.1/2016, the claimants
are not entitled for any interest on the
enhanced sum for the period of delay of 608
days.
(v) The insurance company shall deposit entire
compensation along with interest within a
period of 8 weeks from the date of receipt of
certified copy of this judgment.
(vi) The apportionment made by the tribunal
applies to enhanced sum as well.
(vii) On deposit, the claimants are permitted to
withdraw their respective shares.
(viii) Amount if any in deposit, be transmitted to
the concerned tribunal immediately.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
CT-MCK
