Karnataka High Court
Smt Roopali W/O. Sri. Prakash Narale vs Sri Dhiraj Dnyanadeo Patil on 8 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.102389 OF 2024 C/W
MISCELLANEOUS FIRST APPEAL NO.104375 OF 2023 (MV-D)
IN MFA NO. 102389/2024:
BETWEEN:
1. SMT. ROOPALI W/O. SRI. PRAKASH NARALE
AGE 40 YEARS, OCC. HOUSEWIFE, R/O. AKLUJ,
TAL. MALASIRAS, DIST. SOLAPUR-413001.
2. KUM. UDAY S/O. PRAKASH NARALE,
AGE 20 YEARS, OCC. STUDENT, R/O. AKLUJ,
TAL. MALASIRAS, DIST. SOLAPUR-413001.
3. KUM. VAISHNAVI D/O. PRAKASH NARALE,
AGE 16 YEARS, OCC. STUDENT, R/O. AKLUJ,
TAL. MALASIRAS, DIST. SOLAPUR.
(APPELLANT NO.2 & 3 ARE MINORS.
Digitally signed
by SAMREEN
HENCE THEY ARE R/BY THEIR NATURAL
AYUB DESHNUR
Location: High
Court of
MOTHER APPELLANT NO.1)-413001.
Karnataka,
Dharwad Bench - APPELLANTS
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)
AND:
1. SRI. DHIRAJ DNYANADEO PATIL,
AGE 51 YEARS, OCC. BUSINESS,
R/O. "PARIJAT", NEAR DEVSHTHALI,
GOVT. COLONY (EAST) SANGLI-416416.
(OWNER OF MARUTI WAGONR BEARING
REGISTRATION NO.MH-10/AN-6360).
2. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
R/BY. 14TH FLOOR 14 KRISHNA TOWERS,
-2-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
KHANAPUR ROAD, TILAKAWADI, BELAGAVI-590001.
3. SRI. MARUTI LAXMAN NARALE,
AGE. 80 YEARS, OCC. NIL,
R/O. ASANGI, TAL. JATH-416404.
4. SRI. JANABI W/O. MARUTI NARALE,
AGE. 70 YEARS, OCC. NIL,
R/O. ASANGI, TAL. JATH-416404.
- RESPONDENTS
(BY SRI. KRISHNAKUMAR JOSHI AND
SRI MAHESH S. DESAI, ADVOCATES FOR R1;
SRI. MADHUKESHWAR DESHPANDE, ADVOCATE FOR R2;
SMT. RAJASHREE, ADVOCATE FOR R3 & R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 20.02.2023 PASSED IN M.V.C. NO.
1155/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIMS
TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION &
ETC.
IN MFA NO. 104375/2023:
BETWEEN:
THE ICICI LOMBARAD GENERAL
INSURANCE CO. LTD.,
14TH FLOOR, KRISHNA TOWERS,
KHANAPUR ROAD, TILAKAWADI, BELAGAVI.
NOW R/BY MANAGER,
BELLAD & CO. BUILDING,
2ND FLOOR, GOKUL ROAD,
HUBBALLI, DIST. DHARWAD.
- APPELLANT
(BY SRI. MADHUKESHWAR DESHPANDE, ADVOCATE)
AND:
1. SMT. ROOPALI W/O SRI. PRAKASH NARALE,
AGE 39 YEARS, OCC. HOUSEWIFE, R/O AKLUJ,
TQ. MALASIRAS, DIST. SOLAPUR 413101.
2. UDAY S/O SRI. PRAKASH NARALE,
-3-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
AGE 19 YEARS, OCC. STUDENT, R/O AKLUJ,
TQ. MALASIRAS, DIST. SOLAPUR 413101.
3. VAISHNAVI D/O SRI. PRAKASH NARALE,
AGE 15 YEARS, OCC. STUDENT, R/O AKLUJ,
TQ. MALASIRAS, DIST. SOLAPUR 413101.
(SINCE MINOR R/BY NATURAL
GUARDIAN MOTHER R1)
4. SRI. DHIRAJ DNYANADEO PATIL,
AGE 49 YEARS, OCC. BUSINESS,
R/O PARIJAT, NEAR DEVASTHALI,
GOVT. COLONY (EAST) SANGALI 416416.
5. SRI. MARUTI S/O LAXMAN NARALE,
AGE 79 YEARS, OCC. NIL, R/O ASANGI,
TQ. JATH, MAHARASHTRA 416413.
6. JANABAI W/O MARUTI NARALE,
AGE 69 YEARS, OCC. NIL, R/O ASANGI,
TQ. JATH, MAHARASHTRA 416413.
- RESPONDENTS
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE FOR R1 & R2;
(R3 IS MINOR R/BY R1);
SRI. MAHESH S. DESAI, ADVOCATE FOR R4;
NOTICE TO R5 & R6 ARE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLE ACT 1988, AGAINST THE
JUDGMENT AND AWARD DATED 20.02.2023 PASSED IN M.V.C.
NO. 1155/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, AWARDING COMPENSATION OF
RS.43,34,000/- WITH INTEREST AT 8 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION & ETC.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
-4-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
M.F.A. No. 102389/2024 is preferred by the
appellants-claimants and M.F.A. No. 104375/2023 is
preferred by the insurer, both challenging the judgment
and award dated 20.02.2023 in M.V.C. No. 1155/2019 by
the learned VI Addl. District & Sessions Judge & Addl.
M.A.C.T, Belagavi.
2. Brief facts of the case are that, on 11.06.2019 one
Sri Prakash Maruti Narale (deceased) was proceeding
towards his sister's farm house at Kavate Mahankal on his
motorcycle bearing No. MH-10-AU-8916 with another
person Sri Dharmanand Ganamale. When they were
plying on Kavate Mahankal to Jath Road, the driver of
Maruti Wagonr bearing No. MH-10-AN-6360 (offending
vehicle) came at a high speed, in a rash and negligent
manner and dashed to the motorcycle. Due to the
accident, Prakash sustained fatal injuries and Dharmanand
Ganamale also sustained injuries. Prakash succumbed to
NC: 2025:KHC-D:11467-DB
HC-KAR
the injuries while undergoing treatment. The claimants
thus filed claim petition seeking compensation.
3. In response, the respondents entered appearance
and filed their respective statement of objections.
Respondent No.1 has admitted that he is the owner of the
offending car, however denied averments of the claim
petition. Respondent No.2-insurer contended that liability
of the insurer is subject to the terms and conditions of the
policy and provision of the Act. It contended that driver of
car had no driving licence and even the rider of the
motorcycle had no driving licence. The rider was also
driving without wearing a helmet and without following
traffic rules and regulations. The location of the accident,
residence of petitioners and respondents and the branch
issuing the insurance policy are all situated in the State of
Maharashtra. Hence, the Tribunal has no jurisdiction to
entertain the claim petition. Hence, prayed to dismiss the
claim petition.
NC: 2025:KHC-D:11467-DB
HC-KAR
4. On the basis of rival contentions, the Tribunal framed
necessary issues and proceeded for trial. Wife of the
deceased was examined as PW1 and got marked
documents as per Exs.P.1 to P.18. On behalf of the
respondents, no oral evidence is led, however copy of the
insurance policy is marked as Ex.R.1.
5. The Tribunal after appreciating the oral and
documentary evidence awarded compensation of
Rs.43,34,000/- by considering the monthly income of the
deceased at Rs.23,000/-, adding 25% of it towards future
prospects, applying multiplier of '14' and deduction of
1/5th towards personal expenditure of deceased.
6. Sri Bahubali Kanabaragi, learned counsel appearing
for the appellants-claimants submits that the Tribunal has
committed grave error in assessing the income of the
deceased. The deceased was working as a Fitter in the
Factory and drawing salary of Rs.24,000/- per month. In
addition to that, he was earning income from agricultural
NC: 2025:KHC-D:11467-DB
HC-KAR
activity and due to his untimely death, income of the
family has been reduced. Hence he sought to re-assess
the income. It is also submitted that the amount of
compensation awarded towards other heads are also on
the lower side. Hence, he seeks to allow the appeal by
enhancing the compensation.
7. Per contra, Sri Madhukeshwar Deshpande, learned
counsel for the insurer submits that the Tribunal without
any justifiable reason has added Rs.2,000/- to the income
of the deceased stating that it is the income which has
been lost from agricultural activity. It is submitted that
the agricultural activity continued to remain even after the
death of Prakash. Hence, he seeks to re-assess the
income. Further it is submitted that the Tribunal has erred
in applying the deduction towards personal expenses of
the deceased at 1/5th instead of 1/4th as the claimants are
the wife, children and parents, who are five in number.
NC: 2025:KHC-D:11467-DB
HC-KAR
8. It is also submitted that the award of compensation
towards loss of consortium is also on the higher side and
opposed to the law laid down by the Hon'ble Supreme
Court. Hence, he has prayed to allow the appeal preferred
by the insurer.
9. After hearing both the sides and meticulously
perusing the oral and documentary evidence so also the
impugned judgment and award of the Tribunal, the
following point arises for our consideration.
Whether the impugned judgment and award is
required to be interfered with?
10. Our answer to the above point is 'partly in the
affirmative' for the following reasons.
11. There is no dispute as regards the occurrence of
accident, coverage of insurance policy, negligence and
liability to pay compensation. The Tribunal considering the
oral and documentary evidence assessed income of the
NC: 2025:KHC-D:11467-DB
HC-KAR
deceased at Rs.21,000/- per month based on salary slips
at Exs.P.13 and 14. The Tribunal also added income of
the deceased at Rs.2,000/- per month towards agriculture.
12. We have perused Exs.P.13 to P.16 produced by the
learned counsel for the claimants. The aforesaid
documents indicate that the deceased was drawing
Rs.23,827/- and Rs.24,673/- from March to June, 2019.
Taking note of the same, we are of the considered view
the income of the deceased is not assessed correctly by
the Tribunal. Hence, the same is re-assessed at
Rs.23,800/- per month by taking the average income as
indicated in the pay slips at Exs.P.13 to P.16. The Tribunal,
in our view, has erred in considering Rs.2,000/- per month
towards loss of agricultural income. The agricultural
activity has continued even after the death of Prakash and
hence it does not arise.
13. The claimants are also entitled to addition of 25% of
the assessed income towards future prospects in view of
- 10 -
NC: 2025:KHC-D:11467-DB
HC-KAR
the ratio laid down by the Hon'ble Supreme Court in the
case of National India Co., Ltd., Vs. Pranay Sethi and
Ors.1. The dependents are five in number and the
appropriate deduction towards personal expenses is ¼.
The appropriate multiplier is 14. Hence, the claimants are
entitled for compensation of 37,48,500/- (Rs.23,800/- +
5,950/- x 12 x 14 x ¼) under the head of loss of
dependency.
15. The Tribunal has erred in awarding compensation
towards conventional heads. Admittedly, the dependents
are five in number, i.e., the wife, children and parents of
the deceased. In view of the same, a sum of Rs.40,000/-
each is awarded to them towards loss of consortium. The
claimants are entitled to a sum of Rs.15,000/- towards
transportation of dead body and funeral expenses and
Rs.15,000/- towards loss of estate. In view of the
judgment of the Apex Court in Sarla Verma (supra) and
Magma General Insurance Company Ltd. Vs. Nanu
AIR 2017 SC 5157
- 11 -
NC: 2025:KHC-D:11467-DB
HC-KAR
Ram alias Chuhru Ram and others2 the claimants are
entitled for 10% escalation on the said amount.
16. The Tribunal, in our view, has committed an error in
awarding interest at the rate of 8% p.a. on the
compensation awarded without assigning any special
reasons. Taking note of the rate of interest in the
Nationalized Banks paid on the term deposits, we award
interest at the rate of 6% p.a. from the date of petition till
realization.
17. The re-assessed compensation amount is as under:
1. Loss of dependency 37,48,500.00
2. Loss of consortium 2,20,000.00
3. Loss of estate 16,500.00
4. Funeral expenses 16,500.00
Total 40,01,500.00
Award of Tribunal 43,34,000.00
Reduction 3,32,500.00
18. The learned counsel for the insurer submits that the
appellant-insurer has deposited entire compensation
amount and in view of reduction of compensation, the
(2018) 18 SCC 130
- 12 -
NC: 2025:KHC-D:11467-DB
HC-KAR
excess amount deposited by the insurer shall be refunded.
Considering the aforesaid submission, it is ordered that, if
any excess amount is remaining, the same shall be
refunded to the insurer in accordance with law.
19. For the aforesaid reasons, the following order is
passed.
ORDER
(1) Both the appeals are allowed in part.
Consequently, the judgment and award dated
20.02.2023 in M.V.C. No. 1155/2019 by the
learned VI Addl. District & Sessions Judge & Addl.
M.A.C.T, Belagavi is modified by awarding
compensation of Rs.40,01,500/- as against
Rs.43,34,000/- awarded by the Tribunal with
interest at the rate of 6% p.a. from the date of
petition till realization.
(2) The insurer shall deposit the entire compensation
amount within eight weeks, if not already
deposited.
- 13 -
NC: 2025:KHC-D:11467-DB
HC-KAR
(3) Excess amount, if any, shall be refunded to the
insurer in accordance with law.
(4) The apportionment and release of the
compensation amount shall be in terms of the
award of the Tribunal.
(5) The amount in deposit before this Court shall be
transmitted to the Tribunal.
(6) The claimants-appellants in M.F.A. No.
102389/2024 are not entitled to interest for the
period of delay caused in preferring the appeal.
(7) Pending application, I.A. No. 1/2025 filed in M.F.A.
No. 104375/2023 is disposed of in view of disposal
of the appeal.
(8) Office to draw decree accordingly.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
BVV, CT:VP
