Karnataka High Court
Mallikarjun S/O Basappa Chachadi vs The Managing Director on 25 October, 2025
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MFA No. 100780 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
M.F.A. NO.100780 OF 2015 (MV-D)
BETWEEN:
1. MALLIKARJUN S/O. BASAPPA CHACHADI,
AGE: 37 YEARS, OCC: COOLIE,
R/O. HITTANAGI, TQ. SAVADATTI, DIST: BELAGAVI.
2. SMT. KAMALAVVA KOM MALLIKARJUN CHACHADI,
AGED ABOUT 32 YEARS,
OCC: HOUSEHOLD WORK,
R/O. HITTANAGI, TQ. SAVADATTI, DIST: BELAGAVI.
...APPELLANTS
(BY SRI. K. ANANDKUMAR, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
NWKRTC GOKUL ROAD, HUBLI,
TQ: HUBLI, DIST: DHARWAD.
Digitally signed
by V N BADIGER 2. THE SELF INSURANCE FUND,
Location: HIGH
COURT OF
NWKRTC GOKUL ROAD, HUBLI,
KARNATAKA,
DHARWAD TQ: HUBLI, DIST: DHARWAD.
BENCH
...RESPONDENTS
(BY SRI. M. M. KHANNUR, ADV. FOR R1 AND R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE
MISC. FIRST APPEAL AND MODIFY THE JUDGMENT AND AWARD
DATED 02.11.2010 PASSED BY THE COURT OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND CJM AND ADDL. MACT DHARWAD IN M.V.C.
NO.270/2008 AND ENHANCE THE COMPENSATION AS PRAYED IN THE
CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 100780 of 2015
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)
Though the matter is posted for admission, with the
consent of learned counsels appearing for both side, the
matter is taken up for final disposal.
2. The Claimants in MVC No.270/2008 on the file of
the Principal Senior Civil Judge & CJM & Additional MACT,
Dharwad have come up with this appeal praying for
enhancement of the compensation by awarding
compensation as prayed in the claim petition.
3. The Claimants have maintained the petition in
MVC. No.270/2008 praying for compensation for the death
of their minor child in a Road Traffic Accident occurred on
04.05.2008 at 5.00 p.m., near Savadatti Bus Stand, on
account of actionable negligence on the part of the driver of
NWKRTC Bus bearing Reg.No.KA-22-F-1224. The learned
tribunal relying on the decisions reported in 2008 Karnataka
MAC 364 and 2009 ACJ 1924, awarded compensation of
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Rs.1,80,000/- to the Claimants along with interest thereon
at the rate of 6% p.a. from the date of petition till the date
of realization.
4. There is no dispute regarding the occurrence of
the accident or the actionable negligence on the part of the
driver of the offending vehicle. The Claimants have
approached this Court praying for enhancement of the
compensation on the ground that the Tribunal has awarded
meager global compensation in the case without considering
material facts, documents and the evidence on record. They
have further stated that the Tribunal has even failed to
award compensation under some particular heads such as
transpiration on dead body, funeral expenses, loss of love
and affection, loss of estate, etc.
5. During the course of argument, learned Counsel
for the Claimants relied upon the decision of this High Court
in Sadashiv Aihole & Mang and Another Vs Basappa
S/o Shankarappa Mang and Others, in MFA No.
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24140/2011. This was a case wherein compensation was
claimed for the death of about 4 years old boy in a road
traffic accident. This Court relying on a decision of the
Hon'ble Apex Court in Kishan Gopal vs. Lala, LAW (SC)
2013 8 57, determined quantum of compensation under the
head of loss of income as Rs.4,50,000/- and compensation
under conventional heads as Rs.50,000/- and awarded a
total compensation of ₹5,00,000/- to the Claimants therein
together with interest at the rate of 6% p.a.
6. Perusal of the case papers reveal that the case
on hand is of similar circumstances as in the above referred
decisions. The deceased is a boy aged about 3 years. He
said to have met with an accident while in the company of
his grand mother. It is the definite case of the Claimants
that the deceased had succumbed to the injuries at the
spot.
7. Per contra, learned Counsel for Respondents
tried to justify the compensation awarded by Tribunal and
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submitted that at any event the Claimants are not entitled
to claim more compensation than ₹4,10,000/- claimed in
claim petition before the Tribunal.
8. Learned Counsel for Claimants fairly conceded
that the Claimants had sought for compensation of
₹4,10,000/- before the Tribunal. He further submitted that
the power of this Court is not restricted to award only the
amount claimed in the petition and duty bound to award
just compensation. There is no dispute regarding the legal
position. The principle is that compensation should be what
is deemed just in light of the facts and where the
circumstances and the evidence justify it.
9. As already pointed out, this a case wherein
compensation is claimed for the death of a boy aged about
3 years. Admittedly, the accident in question occurred
within the premises of Savadatti Bus Stand. It is stated that
the deceased was in the company of his grand mother at
the time of the incident. No doubt, the Tribunal has held
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that the said accident occurred due to actionable negligence
on the part of the driver of bus. At the same time, we
cannot ignore the lapse on the part of the care taker of the
deceased, who was only aged about 3 years. As such
certain degree of contributory negligence can also be
inferred on the part of the grand mother of the deceased.
Thus, taking into consideration totality of the facts and
circumstance of the case, this Court opines that
enhancement of the compensation to the Claimants to the
extent of the amount sought in the claim petition would be
the just compensation in the case.
10. In the result, this Court proceeds to pass the
following:
ORDER
I. The appeal is allowed in part.
II. The compensation to the Claimants in MVC No.
270/2008 on the file of learned Principal Senior Civil
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Judge and CJM and AMACT, Dharwad is enhanced to
₹4,10,000/- as against Rs.1,80,000/- awarded by the
Tribunal.
III. The enhanced compensation amount shall carry
interest at 6% per annum from the date of the claim
petition till the date of realization.
IV. The apportionment and disbursement of the enhanced
compensation amount shall be effected in same
proportion as ordered in the judgment and award by
the learned Tribunal.
V. Draw modified award accordingly.
Sd/-
(B. MURALIDHARA PAI)
JUDGE
MBS, VB /CT-AN
