Karnataka High Court

Asharani And Ors vs Chandrakanth And Anr on 14 October, 2025

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                         MFA No. 201312 of 2023


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                                   IN THE HIGH COURT OF KARNATAKA,

                                          KALABURAGI BENCH

                               DATED THIS THE 14TH 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. 201312 OF 2023 (MV-I)


                      BETWEEN:

                      1.   ASHARANI W/O LATE DAYANAND SHAHABAD,
                           AGE: 24 YEARS, OCC: HOUSEHOLD - 585 102.

                      2.   MARIYAMMA W/O SHARANAPPA,
                           AGE: 63 YEARS, OCC: HOUSEHOLD-585 102.
                           (SENIOR CITIZENSHIP NOT CLAIMED)

                      3.   SHARANAPPA S/O BALAPPA,
                           AGE: 68 YEARS, OCC: NIL,
Digitally signed by
RAMESH                     ALL R/O H.NO.MIG-71 KHB COLONY,
MATHAPATI
Location: HIGH
COURT OF
                           OLD JEWARGI ROAD, KALABURAGI 585 102.
KARNATAKA
                           (SENIOR CITIZENSHIP NOT CLAIMED)

                                                                   ...APPELLANTS
                      (BY SRI. B K HIREMATH, ADVOCATE)

                      AND:

                      1.   CHANDRAKANTH S/O MARLINGAPPA GHADSE,
                           AGE: 43 YEARS, OCC: OWNER OF PULSAR
                           MOTORCYCLE REG. NO.KA-32/W-4181,
                           R/O H.NO.11-775, HARIJANWADA,
                           BRAHMPUR (B), KALABURAGI-585101.
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                                 MFA No. 201312 of 2023


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2.   THE BRANCH MANAGER,
     TATA AIG GENERAL INSURANCE CO. LTD.,
     ASIAN MALL, NEAR SIDDI PASHA DARGA,
     KALABURAGI-585102.

                                          ...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R1;
R1 IS DISPENSED WITH)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.

173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND

SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE

PRINCIPAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI

IN MVC NO.1112/2019 ON DATED 06-07-2022 AND GRANT

THE COMPENSATION AMOUNT AS PRAYED FOR, HOLDING

BOTH THE RESPONDENTS JOINTLY AND SEVERALLY LIABLE TO

PAY THE ENHANCED COMPENSATION TO THE APPELLANTS.


      THIS APPEAL, COMING ON FOR ADMISSION, 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. 201312 of 2023


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                     ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act', for

short) has been filed by the claimants being aggrieved by

the judgment and award dated 06.07.2022 passed by the

Principal Senior Civil Judge and MACT, Kalaburagi (for

short 'Claims Tribunal) in MVC No.1112/2019.

2. Facts giving rise to the filing of the appeal

briefly stated are that, on 16.07.2019 the husband of the

appellant No.1 and son of appellant Nos.2 and 3, deceased

Dayanand was returning on motorcycle bearing

registration No. KA-32/W-4181 along with his brother from

the house of parents of his wife at Taj Sultanpur and the

deceased Dayanand was pillion rider. When they reached

Aland Check Post near lorry godown at about 8.15 p.m.,

the rider of the said motorcycle Vineesh rode the vehicle in

a rash and negligent manner with high speed and applied

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sudden break, due to which, the accident has taken place

and Dayanand died in the hospital on 18.07.2019 due to

grievous injuries sustained in the accident.

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 No.1

appeared through his counsel but has not filed any

objections and respondent No.2 appeared and filed

objection to main 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 the case,

claimant No.1 examined herself as PW-1 and got exhibited

documents namely Ex.P1 to Ex.P.17. On the other hand,

respondents have neither adduced any oral evidence nor

produced any documents on their behalf. The Claims

Tribunal, by the impugned judgment, inter alia, held that

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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.30,54,000/- along

with interest at the rate of 6% p.a. and directed the

respondent No.2 to deposit the compensation amount

along with interest. Being aggrieved, this appeal has been

filed.

6. The learned counsel for the claimants has raised

the following contentions:

a) Firstly, the claimants claim that the deceased was

aged about 30 years at the time of the accident and he

was was earning Rs.35,000/- per month by running

computer shop and providing computer appliances sales

and services and he was VI Semester of BCA from

Gulbarga University in first class student. He has also

obtained the licence from the Corporation for running the

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said business. The Tribunal assessed the monthly income

of the deceased is Rs.15,000/- which is on lower side.

Hence, he sought for enhancement of compensation.

b) Secondly, considering the age and avocation of the

deceased, the overall compensation awarded by the

Tribunal is on the lower side. Hence, he prays for allowing

the appeal.

7. On the other hand, the learned counsel for the

Insurance Company has raised the following counter-

contentions:

a) Firstly, even though the claimants claim that the

deceased was earning Rs.35,000/- per month, except they

have produced that licence issued by the corporation to

run the business of the computer appliances sales and

service, no other documents including the bank statement

has not been produced. Therefore, the Tribunal has rightly

assessed the income of the deceased as Rs.15,000/-.

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b) Secondly, on appreciation of oral and documentary

evidence and considering the age and avocation of the

deceased, the overall compensation awarded by the

Tribunal is just and reasonable. Hence, sought for

dismissal of the appeal.

8. Heard the learned counsel for the parties and

perused the judgment and award of the Tribunal.

9. It is not in dispute Dayananda died in the road

traffic accident occurred on 16.07.2019 along with his

brother was returning on motorcycle from his house the

parents of his wife they were returning in the night on

motorcycle bearing registration No.KA-32/W-4181 and the

deceased was pillion rider due to rash and negligent riding

of the motorcycle.

10. Even though, claimants have claimed that the

deceased was earning Rs.35,000/- per month, they have

not produced the bank statements to show that his income

was Rs.35,000/- per month. However, the deceased was

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passed IV semester BCA student from Gulbarga University

in first class. He has also obtained licence from the

Corporation to run the business of computer appliances

and sales service in the name of 'Amma Communication'.

Considering this aspect, Ex.P.15-Trade Licence and

Ex.P.16-Qualification Certificate, we are of the opinion that

the monthly income of the deceased can be assessed as

Rs.16,000/- per month. To the aforesaid income, 40% to

be added on account of future prospects in view of the law

laid down by the Constitution Bench of the Supreme Court

in case of NATIONAL INSURANCE CO. LTD. -v- PRANAY

SETHI AND OTHERS [AIR 2017 SC 5157]. Thus, the

monthly income comes to Rs.22,400/-. Since there are

three dependents, it is appropriate to deduct 1/3rd of the

income of the deceased towards personal expenses and

remaining amount has to be taken as his contribution to

the family. The deceased was aged about 30 years at the

time of the accident and multiplier applicable to his age

group is '17'. Thus, the claimants are entitled to

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compensation of Rs.30,46,400/- [Rs.16000 x 40%

(6400)*12*17*1/3) on account of 'loss of dependency'.

11. In addition, the claimants are entitled to

compensation of Rs.15,000/- on account of 'loss of estate'

and compensation of Rs.15,000/- on account of 'funeral

expenses'.

12. In view of the law laid down by the Supreme

Court in the case of 'MAGMA GENERAL INSURANCE CO.

LTD. -V- NANU RAM [2018 ACJ 2782], claimant No.1,

wife of the deceased is entitled for compensation of

Rs.40,000/- under the head of 'loss of spousal

consortium', claimant Nos.2 and 3, father and mother of

the deceased are entitled for compensation of Rs.40,000/-

each under the head of 'loss of filial consortium'.

13. The compensation of Rs.48,000/- awarded by

the Tribunal under the head of 'medical expenses' is as per

the medical bills produced by the claimants. The same is

just and reasonable.

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14. Thus, the claimants are entitled to the following

compensation:

            Compensation under           Amount in
              different Heads              (Rs.)

           Loss of dependency              30,46,400

           Funeral expenses                   15,000

           Loss of estate                     15,000

           Loss of spousal                    40,000
           consortium

           Loss of Filial consortium          80,000

           Medical Bills                      48,000

                            Total       32,44,400/-

15. In the result, the following order is passed: