Karnataka High Court
The Branch Manager Oriental Insurance ... vs Shobhavati And Ors on 18 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 203090 of 2023
C/W MFA No. 204311 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 203090 OF 2023 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 204311 OF 2023
IN M.F.A.NO.203090/2023
BETWEEN:
1. SMT. SHOBHAVATI
W/O LATE VEERUPAKSHAYYA,
AGED ABOUT 54 YEARS,
OCC: HOUSEHOLD, R/O: MEENKERA,
TALUK: CHITAGUPPA,
DISTRICT: BIDAR - 585 401.
2. HOUSELDEEP
Digitally signed
by S/O LATE VEERUPAKSHAYYA,
KHAJAAMEEN AGED ABOUT 27 YEARS,
MALAGHAN
OCC: STUDENT, R/O: MEENKERA,
Location: HIGH
COURT OF TALUK: CHITAGUPPA,
KARNATAKA DISTRICT: BIDAR - 585 401.
...APPELLANTS
(BY MS. VAISHNAVI CHANDA, ADVOCATE FOR
SMT. VEERANI V.NANDI, ADVOCATE
SRI.RAVI B.PATIL, ADVOCATE)
AND:
1. H.N. ROADLINES PLOT NO.26,12,13,
SY NO. 647/6A2 SEDAM,
DISTRICT: KALABURAGI - 585 222.
(OWNER OF LORRY NO.KA-32/AA-1272)
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MFA No. 203090 of 2023
C/W MFA No. 204311 of 2023
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2. GENERAL MANAGER,
ORIENTAL INSURANCE
COMPANY LIMITED 1 AND 2,
II FLOOR FIRST CROSS,
SIDDAPURA OPPOSITE 9TH CROSS,
WILSON GARDEN, HOSUR ROAD,
BENGALURU - 560 001.
3. BRANCH MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
SHOP NO.2 KAMSHETTY COMPLEX,
NEAR BUS STAND UDGIR ROAD,
BIDAR - 585 401.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
V/O DATED 13.12.2024, 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 12.04.2023 IN MVC NO.403/2022 PASSED
BY THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT AT
BIDAR BY ALLOWING THE PRESENT APPEAL, IN THE INTEREST
OF JUSTICE AND EQUITY AND ETC.
IN M.F.A.NO.204311/2023
BETWEEN:
1. BRANCH MANAGER,
ORIENTAL INSURANCE COMPANY LIMITED,
SHOP NO.2 KAMSHETTY COMPLEX,
NEAR BUS STAND UDGIR ROAD,
BIDAR - 585 401.
2. GENERAL MANAGER,
ORIENTAL INSURANCE
COMPANY LIMITED,
1 AND 2 II FLOOR FIRST CROSS,
SIDDAPURA OPPOSITE 9TH CROSS,
WILSON GARDEN, HOSUR ROAD,
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MFA No. 203090 of 2023
C/W MFA No. 204311 of 2023
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BENGALURU,
KARNATAKA STATE.
...APPELLANTS
(BY SRI S.S.ASPALLI, ADVOCATE)
AND:
1. SMT. SHOBHAVATI
W/O LATE VEERUPAKSHAYYA,
AGED ABOUT 54 YEARS,
OCC: HOUSEHOLD, R/O: MEENKERA,
TALUK: CHITAGUPPA,
DISTRICT: BIDAR - 585 401.
2. HOUSELDEEP S/O LATE VEERUPAKSHAYYA,
AGED ABOUT 27 YEARS,
OCC: HOUSEHOLD, R/O: MEENKERA,
TALUK: CHITAGUPPA,
DISTRICT: BIDAR - 585 401.
3. H.N. ROADLINES
PLOT NO.26,12,13,
SY NO. 647/6A2 SEDAM,
DISTRICT: KALABURAGI - 585 222.
(OWNER OF LORRY NO.KA-32/AA-1272)
SEDAM - 585 222.
...RESPONDENTS
(BY MS. VAISHNAVI CHANDA, ADVOCATE FOR
SRI RAVI B. PATIL, ADVOCATE FOR R1 AND R2;
V/O DATED 18.09.2025, NOTICE TO R3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 12.04.2023 IN
M.V.C.NO.403/2022 PASSED BY ADDITIONAL SENIOR CIVIL
JUDGE AND M.A.C.T., BIDAR, BY ALLOWING THE ABOVE
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THESE MFA's, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 203090 of 2023
C/W MFA No. 204311 of 2023
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
Though these appeals are listed for admission, with
the consent of learned counsel for both sides, they are
taken up together for final disposal.
MFA No.203090/2023 is filed by the claimants
seeking enhancement of compensation. MFA
No.204311/2023 is filed by the Insurance Company
challenging the extent of its liability to pay the
compensation amount as awarded in the judgment and
award dated 12.04.2023 passed in MVC No.403/2022 by
the Addl. Senior Civil Judge & MACT, Bidar (for short, 'the
Tribunal').
2. The brief facts leading to filing of claim petition
are that, on 24.05.2022 the deceased was proceeding
towards Meenkera to his land on his motorcycle bearing
No.AP-12/G-9716 on Meenkera Chindholi road in a normal
speed, at about 6:30 to 7:00 in between near Mallikarjun
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Tonte land, a lorry bearing No.KA-332/AA-1272 owned by
respondent No.1 driven by its driver in a high speed, in a
rash and negligent manner and in zig-zag manner dashed
to the motorcycle of the deceased. As a result, the
deceased fell down and sustained injuries and died on the
spot. The claimants being wife and son of the deceased
filed claim petition seeking compensation. The Tribunal
after assessing awarded compensation and fixed the
liability on the Insurance Company to pay entire
compensation amount. Aggrieved by the said liability to
pay the entire award amount, the Insurance Company has
filed the appeal (MFA No.204311/2023). The claimants
have also filed appeal (MFA No.203090/2023) seeking
enhancement of compensation as awarded by the
Tribunal.
3. Learned counsel for the Insurance Company
would contend that the charge-sheet has been filed
against the deceased and deceased was not holding the
driving licence. Therefore, he has contributed to the
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accident and therefore, the liability to pay the entire
compensation requires to be modified to the extent of
contributory negligence on the part of the deceased. He
further submits that, PW.1-wife of the deceased in her
cross-examination has admitted that the deceased, who
was her husband was not holding the driving licence. He
further submits that he was not wearing helmet.
Considering all these aspects, the Tribunal ought to have
assessed contribution of the deceased to the accident and
ought to have fixed contributory negligence on the part of
the deceased also. With these he prayed to allow the
appeal filed by the Insurance Company.
4. Learned counsel for the appellants-claimants
would contend that the charge-sheet has been filed
against the driver of the lorry for the offence under
Sections 279, 304-A of IPC. The charge-sheet filed against
the deceased was for offence under Section 181 of
M.V.Act, i.e. for not holding the driving licence.
Considering that charge-sheet filed against the lorry driver
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for offence under Sections 279, 304-A of IPC., the entire
negligence is on the part of the driver of the lorry. On
that point learned counsel for the claimants places reliance
on the judgment of the Co-ordinate Bench of this Court in
the case of Shivegouda vs. Manjeshgouda and
another in MFA No.617/2021 DD 16.07.2025.
5. Learned counsel for claimants further
contended that the accident has taken place in the year
2022 and deceased was aged 58 years as on the date of
the accident. The guidelines issued by KSLSA for the
purpose of settlement of disputes before the Lok-Adalath
prescribe a notional income of Rs.14,750/- for the year
2022. In considering the same, the income taken by the
Tribunal at Rs.12,000/- per month is on the lower side.
The Tribunal has rightly considered the future prospects at
10% and rightly applied multiplier as '9' and deducted
1/3rd towards his personal expenses. She further submits
that the Tribunal has not awarded compensation on the
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head of loss of estate. With these she prayed to allow the
appeal filed by the claimants.
6. Having heard learned counsels, this Court has
perused the impugned judgment and other materials
placed on record.
7. On perusal of Ex.P2/Charge-sheet it is filed
against the driver of the lorry (accused No.1) for offence
punishable under Sections 279, 304-A of IPC. The
deceased was arrayed as Accused No.2 and offence
alleged against him is Section 181 of M.V.Act. On perusal
of column No.17 of the charge-sheet, the entire rash and
negligent driving allegation is leveled against Accused
No.1-driver of the lorry. Merely because the deceased was
not holding driving licence, it cannot said that he
contributed to the accident. The Co-ordinate Bench of this
Court in the case of Shivegouda (supra) has held at
paragraph No.11 as under:
"11. Only because the appellant was not
holding driving license to ride his vehicle which is
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involved in the accident it cannot be held that he
contributed to the accident to occur when all other
convincing evidence speaks that the rider of the
other vehicle which is involved in the accident was
solely at fault. Therefore, this Court holds that the
Tribunal erred in attributing contributory negligence
on the part of the appellant."
Considering the above aspect, the Tribunal has rightly
fastened liability to pay the compensation amount entirely
on the owner and insurer of the lorry.
8. The accident has taken place in the year 2022
and the guidelines issued by KSLSA for the purpose of
settlement of disputes before the Lok-Adalath prescribe a
notional income of Rs.14,750/- for the year 2022,
considering the same, the Tribunal erred in taking the
monthly income at Rs.12,000/- per month is on the lower
side. In that view, the claimants are entitled to
compensation for loss of dependency as under:
Rs.14,750/- + Rs.10% (Rs.1,475/-) = Rs.16,225/-
Rs.16,225/- x 12 x 9 x 2/3rd = Rs.11,68,200/-
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9. The Tribunal has rightly awarded compensation
towards loss of consortium in a sum of Rs.80,000/- and
Rs.15,000/- towards transportation and funeral
expenses.
10. The Tribunal has not awarded any amount
towards loss of estate. Hence, a sum of Rs.15,000/- is
awarded towards loss of estate.
11. In view of the above, the claimants are entitled
to total compensation as under:
Amount Amount
Sl.
Heads awarded by the awarded by
No
Tribunal this Court
1. Loss of dependency Rs.9,50,400/- Rs.11,68,200/-
2. Loss of consortium Rs.80,000/- Rs.80,000/-
3. Funeral expenses Rs.15,000/- Rs.15,000/-
4. Loss of estate --- Rs.15,000/-
Total Rs.10,45,400/- Rs.12,78,200/-
Enhancement Rs.2,32,800/-
12. In the result, the following:
ORDER
(i) The appeal filed by the Insurance Company
in MFA No.204311/2023 is dismissed.
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(ii) The appeal filed by the claimants in
MFA No.203090/2023 is allowed in-part.
(iii) The appellants-claimants (in MFA
No.203090/2023) are entitled to total
compensation of Rs.12,78,200/- against
Rs.10,45,400/- as awarded by the Tribunal
along with interest at the rate of 6% p.a.
from the date of petition till its realization.
(iv) The Insurance company is directed to
deposit the compensation amount within a
period of eight weeks from this day, failing
which, it shall pay interest at the rate of
9% p.a. till payment.
(v) The rest of the order of the Tribunal
remains unaltered.
(vi) The amount in deposit, if any, is ordered to
be transmitted to the concerned Tribunal.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SDU
Ct;VK
