[Cites 1, Cited by 0]
Karnataka High Court
Yallavva W/O Shankar Ajatharao vs Mahadev Shivagoud Biradar on 20 February, 2026
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MFA No.103405 of 2016
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.103405 OF 2016 (MV)
BETWEEN:
1. SMT. YALLAVVA
W/O SHANKAR AJATHARAO
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: KOHALLI, TQ: ATHANI,
DIST: BELAGAVI-591248.
2. SHRI SHANKAR
S/O BHIMANNA @ BHIMA AJATHARAO
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: KOHALLI, TQ: ATHANI,
DIST: BELAGAVI-591248.
...APPELLANTS
Digitally signed
by
MOHANKUMAR
B SHELAR (BY SRI. SANJAY S. KATAGERI, ADVOCATE)
Location: High
Court of
Karnataka,
Dharwad Bench
AND:
1. SHRI MAHADEV SHIVAGOUD BIRADAR
AGE: MAJOR, OCC AGRICULTURE,
R/O: KOHALLI, TQ: ATHANI,
DIST: BELAGAVI-591248,
(OWNER OF JEEP BEARING
NO.KA-23/M-9377)
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
THROUGH ITS DIVISIONAL OFFICE,
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MFA No.103405 of 2016
RAMDEV GALLI, BELAGAVI-590002.
...RESPONDENTS
(BY SRI. M.B MADANALLI, ADVOCATE FOR R1;
SRI. G.N. RAICHUR, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT 1988, PRAYING
TO, THE JUDGMENT AND AWARD DATED 28.12.2015 IN MVC
NO.494/2014 PASSED BY THE LEARNED ADDL. SENIOR CIVIL
JUDGE AND ADDL. MACT ATHANI IN AWARDING THE
COMPENSATION OF RS.5,00,000/- WITH INTEREST AT 6% P.A.
BE KINDLY MODIFIED BY ENHANCING TO RS.10,00,000/- WITH
INTEREST AT 12% PER ANNUM FROM THE DATE OF PETITION
TILL THE DATE OF PAYMENT, BY HOLDING RESPONDENTS NO.1
& 2 JOINTLY AND SEVERALLY LIABLE TO PAY THE
COMPENSATION BY ALLOWING THIS APPEAL WITH COST IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MFA HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 05.02.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO
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MFA No.103405 of 2016
CAV JUDGMENT
1. The claimants have filed this appeal questioning
the judgment and award dated 28.12.2015 passed in MVC
No.494/2014 by the Addl. Senior Civil Judge and MACT,
Athani, wherein a global compensation of Rs.5,00,000/-
with interest at 6% per annum was awarded for the death
of minor Ashwini aged about 11 years in a road traffic
accident dated 07.03.2014.
2. Briefly stated, the facts disclose that on
07.03.2014 at about 11.15 a.m., the deceased minor girl
was walking on Kohalli-Kakamari road. At that time, the
jeep bearing No.KA-23/M-9377, driven in a rash and
negligent manner, dashed against her, resulting in her
death on the spot. The Tribunal, after appreciating the
evidence of PWs.1 to 3 and documents Exs.P1 to P8, held
that the accident occurred due to the negligence of the jeep
driver and fastened liability on the owner and the insurer
jointly and severally. The said finding on negligence has
attained finality.
3. Learned counsel for the appellants contended
that the compensation awarded is on the lower side and
sought enhancement. Reliance was placed on the judgment
of the Hon'ble Supreme Court in Meena Devi vs. Nunu
Chand Mahto @ Nemchand Mahto and others and other
decisions.
4. Per contra, learned counsel for the insurance
company supported the judgment and award passed by the
Tribunal and submitted that the compensation awarded is
just and reasonable.
5. Having heard the learned counsel on both sides
and on perusal of the material on record, it is not in dispute
that the deceased was a minor girl aged about 11 years.
The Tribunal has awarded a global compensation of
Rs.5,00,000/- by taking into consideration the age of the
deceased and the settled principles governing compensation
in cases involving death of minor children.
6. In Meena Devi's case, the Hon'ble Supreme
Court, while dealing with compensation in respect of death
of a minor child, has observed that a reasonable lump sum
compensation may be awarded and further held that the
rate of interest should ordinarily be 7% per annum.
7. In the present case, this Court finds that the
global compensation of Rs.5,00,000/- awarded by the
Tribunal is just and reasonable and does not warrant
interference. However, in view of the law laid down in
paragraph Nos.14 and 15 of Meena Devi's case, the rate of
interest requires modification. Accordingly, the
compensation of Rs.5,00,000/- is maintained, but the rate
of interest is enhanced from 6% per annum to 7% per
annum from the date of petition till realization. The liability
fastened on respondent Nos.1 and 2 jointly and severally is
affirmed. In the result, this Court proceeds to pass the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation of Rs.5,00,000/- awarded
by the Tribunal is confirmed.
(iii) The rate of interest is modified from 6% per
annum to 7% per annum, payable from the
date of petition till realization.
(iv) Respondent Nos.1 and 2 are held jointly and
severally liable to pay the compensation. The
insurance company shall deposit the amount
with accrued interest within six weeks from the
date of receipt of a certified copy of this
judgment.
(v) The apportionment, mode of deposit and other
directions issued by the Tribunal shall remain
unaltered.
(vi) There shall be no order as to costs.
Sd/-
(DR. K.MANMADHA RAO)
JUDGE
RSH, CT:VP
