Karnataka High Court
The Oriental Ins. Co. Ltd vs Kishan Lal S/O Gouri Shanker And Anr on 11 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:5325
MFA No. 202432 of 2018
C/W MFA No. 202372 of 2018
MFA No. 202395 of 2018
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 202432 OF 2018 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 202372 OF 2018
MISCL. FIRST APPEAL NO. 202395 OF 2018
MISCL. FIRST APPEAL NO. 202433 OF 2018
IN M.F.A.NO.202432/2018
BETWEEN:
THE ORIENTAL INS. CO. LTD.,
EXTENSION COUNTER,
CHITTAPUR ROAD, YADGIR,
THROUGH ITS MANAGER,
(NOW REPRESENTED BY AUTHORIZED
Digitally signed SIGNATORY, KALABURAGI)
by RENUKA ...APPELLANT
Location: HIGH
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. KISHAN LAL S/O GOURI SHANKER,
AGE: 57 YEARS, OCC: COOLIE, (NOW NIL),
R/O: H.NO.3/39, MADWAR,
TQ: & DIST: YADGIR - 585 201.
2. U. KRISHNA REDDY S/O NARSI REDDY,
AGE: 42 YEARS, OCC: OWNER OF JEEP BEARING
REG. NO. AP-02/N-7107,
R/O: H.NO.7-08, PULIMAMADI,
UTKOOR MANDAL,
-2-
NC: 2025:KHC-K:5325
MFA No. 202432 of 2018
C/W MFA No. 202372 of 2018
MFA No. 202395 of 2018
HC-KAR AND 1 OTHER
DIST: MAHABOOB NAGAR - 509 001.
(TELANGANA STATE)
...RESPONDENTS
(BY SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R2;
R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THE
ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 11.10.2018 IN MVC NO.202/2016 PASSED BY THE
SENIOR CIVIL JUDGE AND CJM, YADGIR, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN M.F.A.NO.202372/2018
BETWEEN:
1. ALEMMA W/O SABANNA
AGE: 49 YEARS, OCC: HOUSEHOLD,
2. ANAND S/O SABANNA
AGE: 15 YEARS, OCC: NIL,
3. SAVITRAMMA D/O SABANNA
AGE: 14 YEARS, OCC: NIL,
4. HANMANTHA S/O SABANNA
AGE: 11 YEARS, OCC: NIL,
5. MALLIKARJUN S/O SABANNA
AGE: 11 YEARS, OCC: NIL,
APPELLANT NO.2 TO 5 ARE MINOR
U/G. OF THEIR NATURAL MOTHER THE
APPELLANT NO.1
ALL ARE R/O: H.NO.1/85,
MADWAR VILLAGE,
TQ: AND DIST: YADGIRI.
...APPELLANTS
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
AND:
-3-
NC: 2025:KHC-K:5325
MFA No. 202432 of 2018
C/W MFA No. 202372 of 2018
MFA No. 202395 of 2018
HC-KAR AND 1 OTHER
1. U. KRISHNA REDDY S/O NARSI REDDY,
AGE: 42 YEARS, OCC: OWNER OF JEEP
BEARING NO.AP.02/N.7107,
R/O: H.NO.7-08, PULIMAMADI,
UTKOOR MANDAL,
DIST: MAHABOOB NAGAR - 509 001.
(TELANGANA STATE)
2. THE ORIENTAL INSURANCE CO. LTD.,
EXTENSION COUNTER,
CHITTAPUR ROAD, YADGIR,
THROUGH ITS MANAGER.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 14.09.2021, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD
DATED 11.10.2018, PASSED BY THE SENIOR CIVIL JUDGE AND CJM.,
YADGIRI, IN FILE BEARING M.V.C.NO.203/2016 AND ENHANCE THE
COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.202395/2018
BETWEEN:
KISHAN LAL S/O GOURI SHANKER,
AGE: 57 YEARS, OCC: COOLIE, (NOW NIL),
R/O: H.NO.3/39, MADWAR,
TQ: & DIST: YADGIR.
...APPELLANT
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
AND:
1. U. KRISHNA REDDY S/O NARSI REDDY,
AGE: 42 YEARS, OCC: OWNER OF JEEP BEARING
REG. NO. AP-02/N-7107,
R/O: H.NO.7-08, PULIMAMADI,
UTKOOR MANDAL,
DIST: MAHABOOB NAGAR - 509 001.
(TELANGANA STATE)
2. THE ORIENTAL INSURANCE CO. LTD.,
EXTENSION COUNTER,
-4-
NC: 2025:KHC-K:5325
MFA No. 202432 of 2018
C/W MFA No. 202372 of 2018
MFA No. 202395 of 2018
HC-KAR AND 1 OTHER
CHITTAPUR ROAD, YADGIR - 585 202.
THROUGH ITS MANAGER.
...RESPONDENTS
(BY SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R1;
SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD
PASSED BY THE SENIOR CIVIL JUDGE AND CJM., YADGIRI, IN
M.V.C.NO.202/2016, DATED 11.10.2018, AND ALLOW THE APPEAL
IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A.NO.202433/2018
BETWEEN:
THE ORIENTAL INS. CO. LTD.,
EXTENSION COUNTER,
CHITTAPUR ROAD, YADGIR,
THROUGH ITS MANAGER,
(NOW REPRESENTED BY AUTHORIZED
SIGNATORY, KALABURAGI)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. ALEMMA W/O SABANNA
AGE: 49 YEARS, OCC: HOUSEHOLD,
2. ANAND S/O SABANNA
AGE: 15 YEARS, OCC: NIL, MINOR,
3. SAVITRAMMA D/O SABANNA
AGE: 14 YEARS, OCC: NIL, MINOR,
4. HANMANTHA S/O SABANNA
AGE: 11 YEARS, OCC: NIL, MINOR,
5. MALLIKARJUN S/O SABANNA
AGE: 11 YEARS, OCC: NIL, MINOR,
RESPONDENT NO.2 TO 5 ARE MINORS
U/G. OF THEIR NATURAL MOTHER /NEXT
-5-
NC: 2025:KHC-K:5325
MFA No. 202432 of 2018
C/W MFA No. 202372 of 2018
MFA No. 202395 of 2018
HC-KAR AND 1 OTHER
FRIEND RESPONDENT NO.1 / ALEMMA
ALL ARE R/O: H.NO.1/85,
MADWAR VILLAGE,
TQ: AND DIST: YADGIRI - 585 201.
6. U. KRISHNA REDDY S/O NARSI REDDY,
AGE: 42 YEARS, OCC: OWNER OF JEEP BEARING
REG. NO. AP-02/N-7107,
R/O: H.NO.7-08, PULIMAMADI,
UTKOOR MANDAL,
DIST: MAHABOOB NAGAR - 509 001.
(TELANGANA STATE)
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, ADV., FOR R1 TO R5;
(R2 TO R5 ARE MINORS REPRESENTED BY R1;
R6 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THE
ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 11.10.2018 IN MVC NO.203/2016 PASSED BY THE
SENIOR CIVIL JUDGE AND CJM, YADGIR, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS MFA'S, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. MFA No.202432/2018 is filed by the Insurance
Company and MFA No.202395/2018 is filed by claimants
challenging the Judgment and award passed in MVC
No.202/2016 dated 11.10.2018 by Senior Civil Judge and
CJM, Yadgiri (for short ' the tribunal')
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
2. MFA No.202372/2018 is filed by claimants and
MFA No.202433/2018 is filed by Insurance Company
challenging the Judgment and award passed in MVC
No.203/2016 dated 11.10.2018 by Senior Civil Judge and
CJM, Yadgiri (for short 'the tribunal')
3. Facts leading to filing of MVC No.202/2016 are
that on 21.04.2016 at about 11.00 a.m., on Yadgir -
Narayanpet main road, near Bairamkonda Village, claimant
was proceeding in auto rickshaw bearing No.AP-36/X-1715
along with others. At that time, driver of Jeep bearing
No.AP-02/N-7107 drove his Jeep in rash and negligent
manner, high speed, came from opposite direction on wrong
side and dashed to auto rickshaw, as a result of which
claimant sustained grievous injuries. The claimant has filed
claim petition. The tribunal has awarded compensation. The
claimants have preferred appeal seeking enhancement of
compensation. The Insurance Company has preferred
appeal questioning its liability.
4. Facts leading to filing of MVC No.203/2016 are
that on 21.04.2016 at about 11.00 a.m., on Yadgir -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
Narayanpet main road, near Bairamkonda Village, the
deceased-Sabanna was proceeding in an auto rickshaw
bearing No.AP-36/X-1715 along with others. At that time,
driver of the Jeep bearing No.AP-02/N-7107 drove his Jeep
in rash and negligent manner, high speed, came from
opposite direction in wrong side and dashed to auto
rickshaw, as a result of which Sabanna sustained grievous
injuries and died in the hospital while taking treatment. Legal
heirs of the deceased-Sabanna have filed claim petition. The
tribunal has awarded compensation. The claimants i.e. legal
representatives of the deceased have preferred appeal
seeking enhancement of compensation. The Insurance
Company has filed appeal questioning its liability.
5. Heard learned counsel for appellants and learned
counsel for respondents.
6. Learned counsel for the Insurance Company
would contend that motor vehicle inspector has inspected the
Jeep involved in the accident and has given his report at
Ex.R1 and in that the number of vehicle examined is
mentioned as AP-02/N-7057. She contends that vehicle
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
involved in the case is AP-02/N-7107 and that vehicle is not
inspected by motor vehicle inspector. Therefore, there is
doubt arises which vehicle is involved in the accident and
which Insurance company is liable to pay compensation.
She further submits that the said motor vehicle inspector has
been examined as R.W.1. On these grounds, she prays to
exonerate the Insurance Company from liability to pay
compensation amount.
7. Learned counsel for appellants in both appeals
would contend that motor vehicle inspector has been
examined as R.W.1 and in his chief-examination he has
specifically stated that he has examined Jeep bearing AP-
02/N-7107. In requisition-Ex.P.2 the Jeep number is
mentioned as AP-02/N-7057 and in his report -Ex.R.1 also
there is mention of vehicle examined is AP-07/N-7057.
Considering the same, the Insurer of Jeep bearing No.AP-
02/N-7107 is liable to pay compensation amount. He further
submits that considering the said aspect, the tribunal has
rightly fixed liability on the Insurance company to pay
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
compensation i.e., Insurance Company of vehicle No.AP-
02/N-7107.
8. Learned counsel for appellants in MFA
No.202372/2018 submits that, the deceased was aged 50
years as on the date of accident i.e., 21.04.2016 and he left
behind claimants-legal heirs who are five in numbers. The
Tribunal has erred in taking income of Rs.7,000/- instead of
Rs.8,750/- as per chart. He further submits that the tribunal
has not taken future prospects. He further submits that as
claimants are five in numbers, they are entitled for
consortium at the rate of Rs.40,000/- per head. With these,
he prays to enhancement of compensation.
9. Learned counsel for appellant in MFA
No.202395/2018 would contend that, the claimant was aged
60 years as on the date of accident and the Tribunal has
erred in taking income of Rs.7,000/- instead of Rs.8,750/- as
per the chart prepared for settling the disputes in the Lok
Adalath. He further submits that disability at 15% is on
lower side. He submits that award of compensation under
heads of pain and suffering, loss of income during laid up
- 10 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
period and loss of amenities are on lower side. With these,
he prays for enhancement of compensation.
10. Having heard learned counsels, this Court has
perused impugned judgments and trial Court records.
11. As per the charge-sheet and other records, the
vehicle involved in the accident is Jeep bearing registration
No.AP-02/M-7107. The appellants in both the appeals filed
by the Insurance company are Insurer of Jeep bearing
registration No.AP-02/M-7101. R.W.1 - Motor Vehicle
Inspector has received a requisition-Ex.P.2 for inspecting the
vehicle involved in the accident. R.W.1 after examining the
vehicle has given his report-Ex.R.1. In Ex.R.1 and Ex.R.2,
the number of vehicle to be examined is mentioned as AP-
02/N-7057. In Ex.R.1, even though at column No.9 - crime
vehicle particulars, the number of vehicle is mentioned as
AP-02/N-7057. In the report, the vehicle examined is
mentioned as Jeep bearing registration No.AP-02/N-7107.
R.W.1-Motor Vehicle Inspector in his chief-examination has
stated that, he has examined the vehicle bearing registration
No.AP-02/N-7107. Considering the said evidence on record,
- 11 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
the tribunal has rightly held that, the vehicle involved in the
accident is AP-02/N-7107 and it has been examined by
R.W.1 who has issued report as per Ex.R.1 and the Insurer
of the said vehicle is liable to pay the compensation amount.
MFA No.202372/2018 (MVC No.203/2016)
12. The age of the deceased, the date of accident and
the claimants who are five in numbers i.e. dependents of the
deceased, are not in dispute. The accident has taken place
on 21.04.2016. At the time of accident the age of the
deceased was 50 years and claimants are his wife and four
children. The tribunal has taken the income of the deceased
at Rs.7,000/- per month. As per the chart prepared for
settlement of disputes in the Lok Adalath, the notional
income fixed for the year 2016 is Rs.8,750/-. The tribunal
ought to have taken the said notional income of Rs.8,750/-
per month. The tribunal has not awarded future prospects as
the deceased was aged 50 years. The claimants are entitle to
future prospects at 10% in view of the decision of the
Hon'ble Apex Court in the case of National Insurance
Company Limited Vs. Pranay Sethi, reported in AIR
- 12 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
2017 SC 5157. The tribunal has rightly taken multiplier at
'13' and rightly deducted 1/4th towards personal expenses of
the deceased. In view of the above, the claimants are entitle
to loss of dependency as under:
Rs.8,750/- + 10% = Rs.9,625/-
Rs.9,625/- X 12 X 13 X ¾ = Rs.11,26,125/-
13. The claimants being wife and four children are
entitle to consortium in a sum of Rs.40,000/- each i.e.
Rs.2,00,000/- as against Rs.1,00,000/- towards consortium
and Rs.50,000/- towards love and affection as awarded by
the tribunal. The claimants are entitle to funeral expenses of
Rs.15,000/- and Rs.15,000/- towards transportation of dead
body, totaling to Rs.30,000/- as against Rs.25,000/- towards
funeral expenses and Rs.10,000/- towards transportation of
dead body, as awarded by the tribunal.
14. The tribunal has rightly awarded medical
expenses of Rs.1,31,479/-.
15. In view of the above, the claimants are entitle to
total compensation as follows:
- 13 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
Sl.No. Heads of compensation Compensation
awarded by
this Court
1 Loss of dependency Rs.11,26,125/-
2 Loss of consortium (Rs.40,000/- X 5) Rs.2,00,000/-
3 Transportation of dead body and Rs.30,000/-
funeral expenses
4 Medical expenses Rs.1,31,479/-
Total Rs.14,87,604/-
16. The claimants are entitle to total compensation of
Rs.14,87,604/- as against Rs.11,35,000/- as awarded by the
tribunal along with interest at the rate of 6% per annum.
MFA No.202395/2018 (MVC No.202/2016)
17. The Injured was aged 60 years as on the date of
accident i.e. on 21.04.2016. The tribunal has taken the
income of the deceased at Rs.7,000/- per month. As per the
chart prepared for settlement of disputes in the Lok Adalath,
the notional income fixed for the year 2016 is Rs.8,750/-.
The tribunal ought to have taken the said notional income of
Rs.8,750/- per month. The tribunal has rightly taken the
multiplier '9'. The Doctor who assessed the disability at 36%
has been examined as P.W.2 and he is not a treated Doctor.
Considering the said aspect, the tribunal has rightly taken
the disability at 15%. The claimant has sustained head injury
- 14 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
and he was admitted in the Hospital for six days. Considering
the said aspect, the compensation awarded towards pain and
suffering requires to be enhanced from Rs.18,000/- to
Rs.25,000/-, loss of amenities from Rs.10,000/- to
Rs.20,000/-, food, nourishment and conveyance charges
from Rs.10,000/- to Rs.20,000/-. The tribunal has not
awarded loss of income during laid up period. The claimant is
entitle to loss of income during laid up period for a period of
three months in a sum of Rs.8,750/- X 3 months =
Rs.26,250/-. The tribunal has rightly awarded medical
expenses of Rs.40,732/-. The claimant is entitle to loss of
future income as under:
Rs.8,750/- X 12 X 9 X 15% = Rs.1,41,750/-
18. In view of the above, the claimant is entitle to
total compensation as under:
Sl.No. Heads of compensation Compensation
awarded by
this Court
1 Loss of future income Rs.1,41,750/-
2 Towards pain and suffering Rs.25,000/-
3 Medical expenses Rs.40,732/-
4 Loss of income during laid up period Rs.26,250/-
5 Food, nourishment and attendant Rs.20,000/-
charges
6 Loss of amenities Rs.20,000/-
Total Rs.2,73,732/-
- 15 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
19. The claimant is entitle to total compensation of
Rs.2,73,732/- as against Rs.2,03,000/- awarded by the
tribunal with interest at the rate of 6% per annum.
20. In view of the above, the following:
ORDER
(i) MFA No.202432/2018 and MFA
No.202433/2018 filed by the Insurance company
are dismissed;
(ii) MFA No.202372/2018 and MFA
No.202395/2018 filed by the claimants are
allowed in-part;
(iii) The claimants in MFA
No.202372/2018 (MVC No.203/2016) are entitle
to total compensation of Rs.14,87,604/- as
against Rs.11,35,000/- as awarded by the
tribunal along with interest at the rate of 6% per
annum from the date of petition, till realization;
- 16 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
(iv) The Insurance company shall deposit
the said award amount with interest within a
period of eight weeks from this day, failing which
it is liable to pay interest at the rate of 9% per
annum;
(v) The claimants in MFA
No.202395/2018 (MVC No.202/2016) are entitle
to total compensation of Rs.2,73,732/- as
against Rs.2,03,000/- as awarded by the tribunal
with interest at the rate of 6% per annum from
the date of petition, till realization;
(vi) The Insurance company shall deposit
the said award amount with interest within a
period of eight weeks from this day, failing which
it is liable to pay the interest at the rate of 9%
per annum;
(vii) The order of deposit and release
passed by the tribunal in both the claim petitions
remain un-disturbed;
- 17 -
NC: 2025:KHC-K:5325
HC-KAR AND 1 OTHER
(viii) The apportionment of compensation
passed by the tribunal in MVC No.203/2016 also
remains un-disturbed;
(ix) The amount in deposit by the
Insurance company in both the appeals is
ordered to be transmitted to the tribunal;
(x) Registry is directed to return the trial
Court records along with a copy of this
Judgment.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP,SVH
