[Cites 2, Cited by 0]
Karnataka High Court
Susma @ Susmita W/O. Laxmiputra Kadakol vs Shivanand S/O.Krishnappa Chawan on 19 February, 2026
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MFA No. 101446 of 2020
C/W MFA No. 101218 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR JUSTICE M.I.ARUN
AND
THE HON'BLE MR JUSTICE B. MURALIDHARA PAI
MISCELLANEOUS FIRST APPEAL NO. 101446 OF 2020 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101218 OF 2025 (MV-D)
IN MFA NO.101446 OF 2020:
BETWEEN:
1. SUSMA @ SUSMITA
W/O. LAXMIPUTRA KADAKOL,
AGE : 31 YEARS, OCC : HOUSEHOLD WORK,
R/O : SIRAGUMPI, TQ : JAMAKHANDI,
DIST : BAGALKOT - 591 242.
2. BHUMIKA D/O. LAXMIPUTRA KADAKOL,
AGE : 05 YEARS, OCC : NIL,
R/O : SIRAGUMPI, TQ : JAMAKHANDI,
DIST : BAGALKOT - 591 242.
(SINCE MINOR REPRESENTED BY HER
Digitally signed
by V N BADIGER
Location: HIGH
MOHTER APPELLANT NO.1)
COURT OF
KARNATAKA
DHARWAD
... APPELLANTS
BENCH
(BY SRI VITTHAL S. TELI, ADVOCATE)
AND:
1. SHIVANAND S/O. KRISHNAPPA CHAWAN,
AGE : 36 YEARS, OCC : BUSINESS,
R/O : HANAMAPUR, TQ : BADAMI,
DIST : BAGALKOT - 587 201.
2. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
NEAR KEB NAVANAGAR,
BAGALKOT - 587 101.
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MFA No. 101446 of 2020
C/W MFA No. 101218 of 2025
HC-KAR
3. RATNABAI W/O. NINGAPPA KADAKOL,
AGE : 58 YEARS,
OCC : HOUSEHOLD WORK,
R/O : MIRAJ, TQ : INDI,
DIST : VIJAYPUR - 184 120.
... RESPONDENTS
(BY SRI M.B. HASALKAR, ADV. FOR R1(ABSENT);
SRI. N.R.KUPPELUR, ADV. FOR R2;
SRI. MAHANTESH S. HIREMATH, ADV. FOR R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYS THAT THE JUDGMENT AND AWARD DATED
23.12.2019 IN MVC NO.11/2017 PASSED BY THE PRL. SENIOR CIVIL
JUDGE AND MEMBER MACT-II, BAGALKOT IN AWARDING THE
COMPENSATION OF RS.52,25,641/- AND INTEREST AT RATE OF 6%
FROM THE DATE OF PETITION AND MAY BE KINDLY MODIFIED BY
ENHANCING TO RS.45,74,359/- WITH 18% INTEREST AND SADDLE
THE LIABILITY ON RESPONDENT NO.2, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA NO.101218 OF 2025:
BETWEEN:
SHRI RATNABAI W/O. NINGAPPA KADAKOL,
AGE : 58 YEARS, OCC : HOUSEHOLD,
R/O : MIRGI, TQ : INDI,
DIST : VIJAYPUR - 184 120.
... APPELLANT
(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)
AND:
1. SHRI SUSMA @ SUSHMITA
W/O. LAXMIPUTRA KADAKOL,
AGE : 31 YEARS, OCC : HOUSEHOLD,
R/O : SIRAGUMPI,
TQ : JAMAKHANDI,
DIST : BAGALKOT - 591 242.
2. BHUMIKA D/O. LAXMIPUTRA KADAKOL,
AGE : 05 YEARS, OCC : NIL,
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MFA No. 101446 of 2020
C/W MFA No. 101218 of 2025
HC-KAR
R/O : SIRAGUMPI, TQ : JAMAKHANDI,
DIST : BAGALKOT - 591 242.
(SINCE MINOR REPRESENTED BY HER
MOHTER-R1)
3. SHIVANAND S/O. KRISHNAPPA CHAWAN,
AGE : 36 YEARS, OCC : BUSINESS,
R/O : HANAMAPUR, TQ : BADAMI,
DIST : BAGALKOT - 587 201.
4. THE BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
NEAR KEB NAVANAGAR,
BAGALKOT - 587 101.
... RESPONDENTS
(BY SRI. VITTHAL S. TELI, ADV. FOR R1 & R2;
SRI M.B. HASALKAR, ADV. FOR R3(ABSENT);
SRI. N.R.KUPPELUR, ADV. FOR R4)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYS THAT THE JUDGMENT AND AWARD DATED
23.12.2019 IN MVC NO.11/2017 PASSED BY THE PRL. SENIOR CIVIL
JUDGE AND MEMBER MACT-II, BAGALKOT IN AWARDING THE
COMPENSATION OF RS.52,25,641/- AND INTEREST AT RATE OF 6%
FROM THE DATE OF PETITION AND MAY BE KINDLY MODIFIED BY
ENHANCING TO RS.45,74,359/- WITH 18% INTEREST AND SADDLE
THE LIABILITY ON RESPONDENT IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE APPEALS ARE COMING ON PRONOUNCEMENT AND THE
SAME HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON
03.02.2026, THIS DAY, B. MURALIDHARA PAI J., DELIVERED THE
FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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MFA No. 101446 of 2020
C/W MFA No. 101218 of 2025
HC-KAR
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)
The Claimants in MVC No.11/2017 on the file of learned
Principal Senior Civil Judge and MACT-II, at Bagalkot (in short,
'the Tribunal') have maintained these miscellaneous first appeals
praying for enhancement of the compensation awarded by the
Tribunal and to saddle the liability of paying the compensation on
the Insurer.
2. The parties to these proceedings are preferred with
their original ranking before the Tribunal.
3. The Claimants are the wife, daughter and mother of
deceased Sri Laxmiputra. On 07.08.2015 at about 09.30 p.m.
when the deceased was proceeding by walk towards Sainik
School on Athani Road in Vijayapura, he met with a road traffic
accident due to actionable negligence on the part of the rider of
motor-cycle bearing No.KA-29-Y-9484. The Claimants
maintained a petition in MVC No.11/2017 praying for
compensation of Rs.1,07,00,000/- from the Respondents
together with court cost and interest. After contest, the Tribunal
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allowed the petition in part and awarded compensation of
Rs.52,25,641/- together with interest at the rate of 6% per
annum from the date of petition till its deposit. The Tribunal
further held that as there was breach of policy conditions, the
Insurer cannot be fastened the liability of paying the
compensation amount and directed the owner of the vehicle i.e.,
Respondent No.1 to satisfy the award.
4. Learned Counsel for Claimants vehemently submitted
that the award passed by the Tribunal is on lower side. He
submitted that the Tribunal has erred in not awarding
compensation under the head of loss of filial consortium and loss
of love and affection. He further submitted that the Tribunal
ought to have awarded interest at the rate of 9% per annum. He
strenuously contended that the Tribunal has committed an error
in not considering the liability of the Insurer to satisfy the award
in view of existence of valid insurance policy as on the date of
accident. As such he prayed to suitably enhance the
compensation amount and to fasten the liability on the Insurer to
satisfy the award.
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5. Per contra, learned Counsel for Insurer vehemently
submitted that in the case on hand the Insurer has adduced
sufficient evidence before the Tribunal to show that as on the
date of the accident the rider of the motorcycle in question was
not holding a driving license to ride the motorcycle and thereby
there was violation of the terms and conditions of the policy. In
view of the same, he justified the order of the Tribunal absolving
the Insurer from the liability of satisfying the award. Further, he
submitted that the Tribunal has determined just and proper
compensation in the case having regard to the facts and
circumstance of the case and the materials available on record.
6. On hearing the submissions made on both sides and
considering the materials available on record, the following
points would arise for consideration of this Court:
i) Whether the Claimants have made out valid ground
to seek enhancement of the compensation?
ii) Whether the Insurer is liable to satisfy the award?
Point Nos.i and ii:
7. Under the impugned judgment and award, the
Tribunal has held that the Claimants are entitled for total
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compensation of Rs.52,25,641/-. The Tribunal has arrived at the
said figure, on the following basis:
1 Monthly income based on HRMS
salary slip for the month of July
2015, marked at Ex.P7 Rs.26,429/-
2 After deduction of PT -
Rs.200/-, the monthly income Rs.26,229/-
3 Annual income of the deceased -
Rs.3,14,748/-
Rs.26,229/- X 12
4 After deduction of Rs.11,475/-
(10%) on taxable income of Rs.3,03,273/-
Rs.1,14,748/-
5 Amount after deduction of 1/3rd
portion of the income towards
personal expenses of the deceased Rs.2,02,182/-
i.e., Rs.3,03,273/- minus
Rs.1,01,091/-
6 Addition of future prospects as per
the decision in Pranay Sethi's case Rs.1,01,091/-
i.e., 50% of actual salary
7 Net income of the deceased for the Rs.3,03,273/-
purpose of computing loss of
dependency
8 Loss of dependency on applying
multiplier '17' Rs.51,55,641/-
9 Loss of estate Rs.15,000/-
10 Loss of consortium Rs.40,000/-
11 Funeral expenses Rs.15,000/-
12 Total compensation Rs.52,25,641/-
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8. In Magma General Insurance Co. Ltd. Vs Nanu
Ram alias Chuhru Ram and others reported in AIR ONLINE
2018 SC 1249 Hon'ble Apex Court has held that the consortium
is a compendious term which encompasses spousal consortium,
parental consortium and filial consortium. The claimants herein
being the wife, daughter and mother of the deceased, the
Tribunal ought to have awarded compensation to each of them
under the head of consortium, i.e, spousal, parental and filial.
As such this Court holds that the compensation awarded by the
Tribunal under the head of consortium needs to be enhanced to
Rs.1,20,000/- in place of Rs.40,000/-.
9. In Magma General Insurance Company Ltd. Vs
Nanu Ram and Others, reported in 2018 (18) SCC 130 the
Hon'ble Apex Court has held that "... the right to consortium
would include the company, care, help, comfort, guidance, solace
and affection of the deceased, which is a loss to his family and
with respect to a spouse, it would include sexual relations with
the deceased spouse". In the said decision, Hon'ble Apex Court
has further held that "...most jurisdictions therefore permit
parents to be awarded compensation under loss of consortium on
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the death of a child and the amount awarded to the parents is a
compensation for loss of the love, affection, care and
companionship of the deceased child". Thus it becomes clear
that the compensation awarded under the head of consortium is
inclusive of compensation under the head of love and affection.
In view of the same, it is held that there is no need of separately
awarding compensation to the Claimants under the head of loss
of love and affection.
10. The Claimants have contended that the deceased was
working as a Forest Officer and on fixed salary. Further, he was
aged about 30 years as on the date of accident. In view of the
same, they contended that the Tribunal ought to have
considered addition of 100% of the income towards future
prospects. They have further contended that the Tribunal ought
to have deducted 1/4th of the income towards personal expenses
of the deceased instead of 1/3rd of the amount taking into
consideration the members/dependents in his family. This Court
does not find any substance in these contentions of the
Claimants in the light of law laid down in Pranay Sethi's Case
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[(2017) 16 SCC 680] and Sarla Verma's Case [(2009) 6
SCC 121].
11. For the foregoing reasons, Point No.(i) is answered
partly in the affirmative holding that the claimants are entitled
for total compensation by Rs.53,05,641/- in place of Rs.
52,25,641/- awarded by the tribunal, under the following heads:
Sl. Heads of Compensation Compensation
No. compensation awarded by awarded by
the Tribunal this Court
1. Loss of Dependency 51,55,641.00 51,55,641.00
2. Loss of Consortium 40,000.00 1,20,000.00
3. Loss of Estate 15,000.00 15,000.00
4. Funeral Expenses 15,000.00 15,000.00
Total 52,25,641.00 53,05,641.00
12. The claimants have also sought for enhancement of
rate of interest on awarded amount from 6% p.a. to 9% p.a.
The claimants have not made out any justifiable or compelling
grounds to seek enhancement of rate of interest from 6% to 9%
p.a. on the award amount. Accordingly, rate of interest awarded
by the Tribunal is retained.
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13. The Insurer has adduced sufficient evidence on
record to prove that the rider of the motorcycle was not holding
a valid and effective driving license to ride the motorcycle though
he was holding LMV license and license for driving bus and goods
vehicle. In the said background, the Tribunal fastened the
liability of satisfying the award on the owner of the offending
vehicle. The victim herein was a third party. It is well settled
that the Insurers must pay compensation to third party victims
promptly under the 'Pay and Recover' principle as held in
National Insurance Co. Ltd. Vs Swaran Singh reported in
AIR 2004 SC 1531 subject to their right to recover the amount
so paid from the owner/insured of the vehicle. Undisputedly,
there was a valid policy in respect of the offending vehicle as on
the date of accident, covering the risk of third parties. As such
this Court holds that the Insurer is liable to pay satisfy the award
under the 'Pay and Recover' principle. Accordingly, Point No.(ii)
is answered in the affirmative.
14. In the result, this Court proceeds to pass the
following:
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ORDER
(i) The appeals in M.F.A. Nos.101446/2020 and
101218/2025 are allowed in part.
(ii) The Claimants in M.V.C. No.11/2017 on the file
of learned Principal Senior Civil Judge & MACT-
II, Bagalkot are entitled for compensation of
Rs.53,05,641/- in place of Rs.52,25,641/-
awarded by the Tribunal together with interest
thereon at the rate of 6% p.a. from the date of
petition till its deposit before the Tribunal.
(iii) The Insurer/Respondent No.2 is directed to
deposit/ pay the compensation amount at first
instance as per Pay and Recover principle within
a period of three months from this day, subject
to their right to recover the said amount from
the insured/owner of the offending vehicle.
(iv) The Claimants are entitled for share in the
compensation amount and its disbursement, at
the ratio ordered by the Tribunal.
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(v) The office directed to transfer the amount if any
deposited in these appeals to concerned
Tribunal, to do the needful.
(vi) Draw an award accordingly.
Sd/-
(M.I.ARUN)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
VB, BVV
CT: ASC
LIST NO.: 1 SL NO.: 1
