[Cites 2, Cited by 0]

Karnataka High Court

United India Insurance Co. Ltd vs Smt. Bhagyashree W/O Shrikant ... on 2 April, 2026

Author: Shivashankar Amarannavar

Bench: B M Shyam Prasad, Shivashankar Amarannavar

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                                                           MFA No. 104017 of 2017
                                                         AND CONNECTED MATTERS

                       HC-KAR



                       IN THE HIGH COURT OF KARNATAKA AT DHARWAD
                             DATED THIS THE 2ND DAY OF APRIL 2026
                                           PRESENT
                           THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                             AND
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                      MISCELLANEOUS FIRST APPEAL NO.104017 OF 2017 (MV-D)
                                             C/W
                      MISCELLANEOUS FIRST APPEAL NO.103974 OF 2017 (MV-I)
                      MISCELLANEOUS FIRST APPEAL NO.104016 OF 2017 (MV-I)
                      MISCELLANEOUS FIRST APPEAL NO.103743 OF 2018 (MV-D)


                      IN MFA No. 104017/2017:
                      BETWEEN:

                           UNITED INDIA INSURANCE CO. LTD.,
                           THE DIVISIONAL MANAGER,
                           P.B. NO. 60, SANGAMA BUILDING,
                           S.S. FRONT ROAD, VIJAYAPUR,
                           NOW REPRESENTED THROUGH
VISHAL                     AUTHORIZED SIGNATORY.
NINGAPPA                                                 ...APPELLANT
PATTIHAL              (BY SRI. SHASHANK S.HEGDE, ADVOCATE)
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
Location: HIGH
                      AND:
COURT OF
KARNATAKA
DHARWAD BENCH
                      1.   SMT. BHAGYASHREE
                           W/O. SHRIKANT KOLIGUDDA,
                           AGED ABOUT 23 YEARS,
                           OCC: HOUSEWIFE.

                      2.   SMT. SUSHAILA CHANNAPPA KOLIGUDDA,
                           AGED ABOUT 48 YEARS, OCC: NIL,

                           BOTH ARE R/O: MAHALINGPUR, TQ: MUDHOL,
                           DIST: BAGALKOT-587312.
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                                    MFA No. 104017 of 2017
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3.   SRI. CHANNAPPA
     S/O. GIRAMALIAPPA KOLIGUDDA,
     AGE: 56 YEARS, OCC: AGRICULTURE,
     R/O: MAHALINGPUR, TQ: MUDHOL,
     DIST: BAGALKOT-587312.
                                  ...RESPONDENTS
(BY SRI. PRASHANT S.KADADEVAR,
    ADVOCATE FOR R1 AND R2;
    NOTICE TO R3 IS DISPENSED WITH)

       THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE    JUDGMENT    AND    AWARD   DATED    20.07.2017
PASSED IN MVC NO.454/2014 ON THE FILE OF THE
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV,
MUDHOL,        AWARDING      COMPENSATION         OF
RS.14,40,068/- WITH INTEREST AT 9% P.A. FROM THE
DATE OF PETITION TILL ITS DEPOSIT; AND ETC.

IN MFA NO.103974/2017:
BETWEEN:

      SHRI. SHRINIVAS S/O. KALLAPPA HOSUR
      AGE: 35 YEARS, OCC: AGRICULTURE,
      R/O: MAHALINGPUR, TQ: MUDHOL,
      DIST: BAGALKOT, PRESENTLY R/AT:
      DODDANAYAKANKOPPA, DHARWAD.
                                       ...APPELLANT

(BY SRI. SRINIVAS B.NAIK, ADVOCATE)

AND:

1.    SHRI. CHANNAPPA
      S/O. GIRAMALLAPPA KOLIGUDDA,
      AGE: 56 YEARS, OCC: AGRICULTURE,
      R/O: MAHALINGPUR, TQ: MUDHOL,
      DIST: BAGALKOT.
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                                    MFA No. 104017 of 2017
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2.    THE DIVISIONAL MANAGER
      THE UNITED INDIA INSURANCE
      COMPANY LIMITED,
      PB NO.60, SANGAMA BUILDING,
      SS FRONT ROAD, VIJAYAPURA-586101.

                                    ...RESPONDENTS

(BY SRI. SHASHANK S.HEGDE, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)

          THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE    JUDGMENT     AND   AWARD   DATED     20.07.2017
PASSED IN MVC NO.455/2014 ON THE FILE OF THE
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV,
MUDHOL, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION; AND ETC.


IN MFA NO.104016/2017:
BETWEEN:

      UNITED INDIA INSURANCE CO. LTD.,
      THE DIVISIONAL MANAGER,
      P.B.NO. 60, SANGAMA BUILDING,
      S.S. FRONT ROAD, VIJAYAPUR,
      NOW REPRESENTED THROUGH
      AUTHORIZED SIGNATORY.
                                    ...APPELLANT
(BY SRI. SHASHANK S.HEGDE, ADVOCATE)

AND:

1.    SRI. SHRINIVAS S/O. KALLAPPA HOSUR,
      AGED ABOUT 35 YEARS,
      OCC: AGRICULTURE WORK
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      (AT PRESENT NIL), R/O: MAHALINGPUR,
      TQ: MUDHOL, DIST: BAGALKOT-587312.

2.    SRI. CHANNAPPA
      S/O. GIRAMALIAPPA KOLIGUDDA,
      AGE: 56 YEARS, OCC: AGRICULTURE,
      R/O: MAHALINGPUR, TQ: MUDHOL,
      DIST: BAGALKOT-587312.
                                   ...RESPONDENTS
(BY SRI. SRINIVAS B.NAIK, ADVOCATE FOR R1;
    NOTICE TO R2 IS DISPENSED WITH)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST
THE    JUDGMENT    AND    AWARD   DATED     20.07.2017
PASSED IN MVC NO.455/2014 ON THE FILE OF THE
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XIV,
MUDHOL,        AWARDING      COMPENSATION          OF
RS.8,10,932/- WITH INTEREST AT 9% P.A. FROM THE
DATE OF PETITION TILL ITS DEPOSIT; AND ETC.


IN MFA NO.103743/2018:
BETWEEN:

1.    SMT. BHAGYASHREE
      W/O. SHRIKANT KOLIGUDDA,
      AGE: 24 YEARS, OCC: HOUSEWIFE.

2.    SMT. SUSHAILA
      W/O. CHANNAPPA KOLIGUDDA,
      AGE: 49 YEARS, OCC: NIL,

      BOTH ARE R/O: MAHALINGPUR,
      TQ: MUDHOL, DIST: BAGALKOT.
                                       ...APPELLANTS

(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE)
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AND:

1.   SHRI. CHANNAPPA
     S/O. GIRAMALLAPPA KOLIGUDDA,
     AGE: 57 YEARS, OCC: AGRICULTURE,
     R/O: MAHALINGPUR, TQ: MUDHOL,
     DIST: BAGALKOT.

2.   THE DIVISIONAL MANAGER
     THE UNITED INDIA INSURANCE
     COMPANY LIMITED, PB NO.60,
     SANGAMA BUILDING,
     SS FRONT ROAD, VIJAYAPUR-586101.

                                     ...RESPONDENTS
(BY SRI. SHASHANK S.HEGDE, ADVOCATE FOR R2;
    NOTICE TO R1 IS DISPENSED WITH)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT
AND AWARD DATED 20.07.2017 PASSED IN MVC
NO.454/2014 ON THE FILE OF THE MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-XIV, MUDHOL, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION;
AND ETC.


       THESE APPEALS COMING ON FOR ADMISSION
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:     HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
           AND
           HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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HC-KAR



                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

MFA No.104017/2017 is filed by Insurance

Company challenging the quantum of compensation

and MFA No.103743/2018 is filed by claimants

seeking enhancement of the compensation awarded

in MVC No.454/2014.

2. MFA No.104016/2017 is filed by

Insurance Company challenging the quantum of

compensation and MFA No.103974/2017 is filed by

the claimant seeking enhancement of the

compensation awarded in MVC No.455/2014.

3. Injured -Srinivas has filed MVC

No.455/2014 seeking compensation for injuries

sustained by him in road traffic accident occurred on

21.06.2013. MVC No.454/2014 is filed by legal heirs

of Srikanth who died in road accident occurred on

21.06.2013.

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4. The facts leading to filing of claim

petitions are as under:

a) That on 21.06.2013, Srinivas (claimant

in MVC No.455/2014) along with

Srikanth (deceased), Mallikarjun and

Jagdish have went to Bagalakote for their

personal work in Mahindra Scorpio

Vehicle bearing registration No.KA-48/M-

2225. After finishing their work they were

returning to Mahalingapur and Jagdish

was driving the vehicle. At about

10.15p.m., when they are moving on

Biligi-Galgali road, the driver of the said

vehicle drove it in very high speed, in rash

and negligent manner and dashed to

small concrete pillar of bridge near Bisnal

village and vehicle fell in ditch. Due to

this, the claimant in MVC No.455/2014

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sustained fractures and Srikant died on

the spot.

b) The injured was aged 32 years and

doing agriculture. The father of the

claimant -injured owns land property

which he was cultivating and due to

accident he is not in position to work as

earlier.



     c)     Srikant -deceased was aged 26 years

          and        he     was      agriculturist        and

          businessman earning Rs.25,000/-                 per

month and due to his death claimants in

MVC No.454/2014 lost their source of

income. Claimant No.1 is wife and

Claimant No.2 is the mother of deceased -

Srikanth.

d) The said Mahindra Scorpio vehicle

bearing No. KA-48 /M-2225 was owned

by Respondent No.1 and was insured with

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respondent No.2 and they are jointly and

severally liable to pay compensation.

5. Respondent No.2 -insurer denied each

and every statement of the claim petitions and

contented that vehicle bearing No.KA-48/M-2225 is

covered under valid insurance policy and contented

that the driver was not having valid license at the

time of the accident.

6. On the basis of the said pleadings, the

Tribunal has framed the issues in both claim

petitions. The joint trial was conducted in both

petitions. The injured - Srinivas has been examined

as P.W.1, got marked documents as Ex.P1 to P103

and also got examined doctor as P.W.2. Claimant

No.2 in MVC No.454/2014 has been examined as

P.W.3, got marked documents as Ex.P104 to P121

and also got examined two witnesses as P.W.4 and

P.W.5. With the consent of the claimants, the

insurance policy has been marked as Ex.R1. The

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insurer has not lead any oral evidence. The Tribunal

after hearing arguments and appreciating evidence

on record has awarded compensation of

Rs.8,10,932/- in MVC No.455/2014 under different

heads as under:

1. Loss of future income Rs. 3,57,000.00

2. Towards medical expenses Rs. 3,87,932.00

3. Towards pain and sufferings Rs. 25,000.00

4. Loss of income during the Rs. 21,000.00 period of treatment and rest

5. Towards traveling and Rs. 10,000.00 attendant charges

6. Towards loss of amenities Rs. 10,000.00 Total Rs. 8,10,932.00

The tribunal has awarded compensation of

Rs.14,40,068/- in MVC No.454/2014 under different

heads as under:

1. Towards loss of Dependency Rs. 13,60,068.00

2. Towards Loss of Love and Rs. 50,000.00 Affection

3. Towards Loss of Estate Rs. 20,000.00

4. Towards Funeral Expenses Rs. 10,000.00 Total Rs.14,40,068.00

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7. Heard learned counsels appearing for

insurer and claimants.

8. Learned counsel for Insurer would

contend that the disability taken by the Tribunal at

25% is on higher side. The injured has sustained two

fractures and it is not affected his work of agriculture

and he can get agriculture work done though other

persons. The claimant did not own any properties

and his father owns the properties. Considering said

aspect, the Tribunal has erred in taking the disability

at 25% which requires to re reduced. The Tribunal

has also not justified in awarding interest at the rate

of 9% per annum. Learned counsel for insurer further

contended that the Tribunal has erred in taking

income of the deceased at Rs.10,000/- as no income

proof is produced. With these, he prays to dismiss

the appeals.

9. Learned counsel for the claimant -injured

would contend that the injured has sustained two

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comminuted fractures and they are all united

fractures and implants are inserted. Due to those

fractures, the claimant -injured is unable to walk

properly and unable to carry any articles. It is said

that fractures have affected the working of the

injured in his agricultural land. Considering the

evidence of P.W.2 -doctor, the Tribunal ought to have

taken the disability of more than 25%. The claimant

is owning 40 acres of agriculture land, he was

cultivating it and getting income from the agriculture.

Considering the said aspect, the income of the

claimant taken at Rs.7,000/- is on lower side. The

Tribunal considering the evidence of P.W.2 and

fractures sustained by the injured has rightly taken

the disability as 25%.

10. Learned counsel for claimants claiming

compensation in respect of death of Srikanth would

contend that the deceased was doing business and in

that regard Form Vat 7 certificate -EX.P119 and

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income tax returns -Ex.P104 to 106 have been

produced. The deceased also owned agricultural land

and RTC's are at Ex.P107 to P111 and sugar cane

bills -Ex.P112 to P118 are produced. Considering the

said aspects, the income of the diseased taken by the

Tribunal at Rs.10,000/- is on lower side. The

Tribunal has not awarded future prospectus and loss

of consortium. On these grounds, they prayed to

enhancement of compensation as awarded by the

Tribunal.

11. Having heard learned counsels, we have

perused impugned judgment and trial court records.

12. The accident and liability of Insurance

Company is not in dispute. Considering the

arguments advanced by learned counsels, the

following points arise for our consideration:

i) Whether Insurer has made out case for

reduction of compensation awarded in

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MVC No.454/2014 in respect of death of

Srikanth?

ii) Whether claimants in MVC No.454/2014

have made out case for enhancement of

compensation?

iii) Whether Insurer has made out case for

reduction of compensation awarded in

MVC No.455/2017?

iv) Whether claimant in MVC No.455/2014

has made out case for enhancement of

compensation?

Point Nos.1 and 2: The deceased -Srikanth

was aged 29 years as on the date of the accident. The

deceased being agriculturalist and also business

earning Rs.25,000/- per month. The Tribunal has

taken the income of the deceased at Rs.10,000/- per

month. Ex.P104 -income tax returns, Ex.P105 -

income tax payment counterfoil and Ex.P106 -income

tax assessment form are filed subsequent to the

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accident. RTC extracts - Ex.P107 to P111 of

agriculture lands and sugar cane bills -Ex.P112 to

P118 are in the name of father of the deceased -

Srikanth. Ex.P119 -Form Vat 7 certificate show that

the deceased was Proprietor of Girish Tractors and he

has been registered as Dealer under Section 22 of

Karnataka Value Added Tax Act and Ex.P120 is

Authorization letter issued by Harsha Motors. The

Marketing Manager of Harsha Motors has been

examined as P.W.5. Considering these aspects, the

income of the deceased has to be taken at

Rs.12,000/- per month as against Rs.10,000/- as

taken by the Tribunal.

13. The deceased was aged 29 years and

therefore, as per National Insurance Co. Ltd. Vs

Pranay Sethi1 case, future prospects requires to be

taken at 40%. The Tribunal has rightly deducted

In 2017 ACJ 2700

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1/3rd towards personal expenses of the deceased and

applied multiplier 17.

14. Considering the above aspects, the

claimants are entitled to loss of dependency as

under:

1,44,000/- (12,000x12) + 40%(57,600) -1/3rd

(67,200) x17 = Rs.22,84,800/-

15. Claimant No.1 is the wife and claimant

No.2 is the mother of the deceased. Therefore, they

are entitled to consortium in a sum of Rs.40,000/-

each i.e., Rs.80,000/- as against Rs.50,000/- as

awarded by the Tribunal towards loss of love and

affection. Claimants are entitled to a sum of

Rs.30,000/- towards loss of estate and funeral

expenses. Considering the above aspects, claimants

in MVC No.454/2014 are entitled total compensation

as under:

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 Sl.No.             Heads            Amount in
                                         Rs.
 1         Loss of dependency       22,84,800/-
 2         Loss of consortium       80,000/-
 3         Loss of estate           20,000/-
 4         Funeral expenses         10,000/-
                              Total 23,94, 800/-

Considering the above aspects, point Nos.1 and

2 answered accordingly.

16. Point Nos.3 and 4: The claimant -injured

in MVC No.455/2014 is aged 30 years and he was

doing agriculture work. Ex.P88, 88(a), 88(b) -RTCs

extracts are in the name of father of the claimant.

Sugar cane bills Ex.P87 and P89 are in the name of

the claimant. These documents indicate that the

claimant -injured is an agriculturalist. Even though,

the Tribunal has considered the claimant -injured is

an agriculturalist doing agricultural work has not

justified in taking the income of the injured at

Rs.7,000/- per month. Being an agriculturalist, he

cannot be considered as unskilled labour. Therefore,

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the income of the claimant - injured has to be taken

at Rs.11,000/- per month.

17. The claimant has sustained comminuted

fracture of shaft femur on upper third right side and

left comminuted fracture. P.W.2 is doctor who has

been examined to prove the disability. Ex.P90 is

disability certificate. P.W.2 has stated that disability

of left upper limb at 32% and disability of right lower

limb at 45%. The Tribunal has not accepted the

evidence of P.W.2 on the ground that proper grounds

or calculations to arrive at such conclusion have not

been given. The Tribunal has considered the

occupation of the claimant as agriculturist. He is

unable to stand, walk or sit continuously for long

period, to do his agricultural work and cannot lift the

agricultural articles. The Tribunal has rightly taken

the disability at 20% of the whole body.

18. Considering the age of the claimant as 30

years, the Tribunal has rightly taken the multiplier

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17. Considering the said aspect, the total loss of

future income is calculated as under;

Rs.11,000/- x12 x17 x25% =5,61,000/-

19. Considering the medical bills -Ex.9 to

P79, the Tribunal has rightly awarded medical

expenses at Rs.3,87,932/-. Considering the fact that

the claimant has sustained two fractures of upper

limb and lower limb, the claimant is entitled to

Rs.1,00,000/- towards pain and suffering as against

Rs.25,000/- as awarded by the Tribunal. The

claimant has been admitted in different hospitals for

a period of 18 days. The claimant has taken

treatment in Hubbali and Sparsh Hospital,

Bengaluru and he traveled from Bagalakote to

Hubballi and Bengaluru. Considering the said aspect,

the claimant is entitled to attendant charges, diet and

nourishment in sum of Rs.18,000/- (18 x Rs.1000/-).

The Tribunal has awarded loss of income during laid

up period for a period of 03 months. Now considering

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the income taken, a sum of Rs.11,000/- per month.

The claimant is entitled to in a sum of Rs.33,000/-

per month (Rs.11,000/- x 3) towards loss of income

during laid up period. Considering the fact that the

claimant has sustained two fractures is entitled to

loss of amenities in a sum of Rs.50,000/- as against

Rs.10,000/- as awarded by the Tribunal. Considering

the above, the claimant in MVC No.455/2014 is

entitled to total compensation as under:

   Sl.No.            Heads               Amount in
                                            Rs.
   1         Loss of future income      5,61,000/-
   2         Medical expenses           3,87,932/-
   3         Pain and Suffering         1,00,000/-
   4         Loss of income during      33,000/-
             laid period
   5         Towards Traveling and 18,000/-
             attendant charges
   6         Loss of amenities        50,000/-
                                Total 11,49,932/-

20. The Tribunal has awarded the interest at

the rate of 9%. Considering the Bank interest rate,

the interest awarded by the Tribunal at 9% is not

proper. Claimants are entitled to interest at the rate

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of 6% p.a., from the date of petition till realization of

the compensation. Considering the above aspects,

appeals filed by the insurer requires to be dismissed

and appeals filed by claimants require to be allowed