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Karnataka High Court
Indubai And Ors vs Shankar And Anr on 26 February, 2026
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NC: 2026:KHC-K:1930
MFA No. 203254 of 2023
C/W MFA No. 201172 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.203254 OF 2023 (MV-D)
C/W
MISCL. FIRST APPEAL NO.201172 OF 2019 (MV-D)
IN MFA No.203254/2023:
BETWEEN:
1. INDUBAI W/O BABU YADAV:
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
2. VAISHALI D/O BABA YADAV,
AGE: 37 YEARS, OCC: NIL,
3. DASHWANT S/O BABA YADAV,
AGEL 35 YEARS, OCC: NIL,
Digitally signed by
SHILPA R
TENIHALLI 4. SOMANATH S/O BABA YADAV,
Location: HIGH
COURT OF AGE: 33 YEARS, OCC: NIL,
KARNATAKA
5. DATTA S/O BABA YADAV,
AGE: 30 YEARS, OCC: NIL,
ALL ARE R/O DIGANCHI,
TQ. ATPADI, DIST. SANGLI,
NOW RESIDING AT SHAKTI NAGAR,
VIJAYAPURA-586 101.
...APPELLANTS
(BY SRI SANGANABASAVA B PATIL, ADVOCATE)
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MFA No. 203254 of 2023
C/W MFA No. 201172 of 2019
HC-KAR
AND:
1. SHANKAR S/O DNYANU MHETRE,
AGE: 51 YEARS, OCC: BUSINESS,
R/O DIGANCHI, TQ. ATPADI,
DIST. SANGALI.
2. THE BRANCH MANAGER,
ICICI LOMBARD INSURANCE CO. LTD.,
OPP: GOVERNMENT POLYTECHNIC COLLEGE,
BAGALKOT ROAD, VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DTD. 24.11.2023, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGEMENT AND
AWARD PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE
AND MEMBER, MACT-XII, VIJAYAPUR IN MVC NO.997/2012
DATED 03.11.2018 FOR SEEKING ENHANCEMENT AND ALLOW
THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED
FOR BY THE APPELLANTS HEREIN.
IN MFA NO.201172/2019:
BETWEEN:
THE BRANCH MANAGER,
ICICI LOMBARD INSURANCE CO. LTD.,
OPP: GOVT. POLYTECHNIC COLLEGE,
BAGALKOT ROAD, VIJAYAPUR.
...APPELLANT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
1. INDUBAI W/O BABA YADHAV,
AGE: 55 YEARS, OCC: H. HOLD WORK,
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NC: 2026:KHC-K:1930
MFA No. 203254 of 2023
C/W MFA No. 201172 of 2019
HC-KAR
2. VAISHALI D/ BABA YADHAV,
AGE: 33 YEARS, OCC: NIL,
3. DASHWANT S/O BABA YADHAV,
AGE: 31 YEARS, OCC: NIL,
4. SOMANATH S/O BABA YADHAV
AGE: 29 YEARS, OCC: NIL,
5. DATTA S/O BABA YADHAV
AGE: 26 YEARS, OCC: NIL,
ALL R/O DIGANCHI,
TQ. ATPADI, DIST. SANGLI,
NOW R/O SHAKTI NAGAR,
VIJAYAPUR-586 101.
6. SHANKAR S/O DNYANU MHETRE,
AGE: 47 YEARS, OCC: BUSINESS,
R/O DIGANCHI, TQ. ATPADI,
DIST. SANGLI, MAHARASHTRA-410 001.
...RESPONDENTS
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE FOR
R1 TO R5; R6 IS SERVED)
THIS MFA IS FILED U/S. 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
SETTING ASIDE THE JUDGEMENT AND AWARD DATED
03.11.2018 IN MVC NO.997/2012 PASSED BY THE III
ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XII,
VIJAYAPUR.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 203254 of 2023
C/W MFA No. 201172 of 2019
HC-KAR
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Heard the learned counsel appearing for the parties.
2. These appeals are arising out of the judgment
and award dated 03.11.2018 in MVC No.997/2012, on the
file of III Additional Senior Civil Judge and Motor Accident
Claims Tribunal No.XII at Vijayapur (hereinafter referred
to as 'Tribunal'), awarding compensation.
3. The insurance company has preferred MFA
No.201172/2019, challenging liability and quantum of
compensation awarded by the Tribunal and on the other
hand, the claimants have preferred MFA No.203254/2023
seeking enhancement of compensation.
4. It is argued by Sri Subhash Mallapur, the
learned counsel appearing for the Insurance Company
that, the Tribunal has failed to consider the fact that, the
driver of the vehicle in question did not possess valid
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HC-KAR
driving licence and the same is reflected as per Exs.P9 and
P16 to 20 and as the charge sheet has been laid under
Sections 3 and 181 of the Motor Vehicles Act, the Tribunal
ought to have fastened the liability on the owner of the
vehicle in question. Accordingly, he sought for interference
of this Court. It is also argued that, the award of
compensation by the Tribunal is on the higher side, which
required to be reduced in this appeal.
5. Per contra, Sri Sanganabasava B. Patil, the
learned counsel appearing for the appellants/claimants
sought for enhancement of compensation and also
countered the submission made by the learned counsel
appearing for the Insurance Company.
6. Having taken note of the submission made by
the learned counsel appearing for the parties and on
careful consideration of the charge sheet laid against the
driver of the vehicle in question makes it clear that, the
driver of the vehicle in question did not possess valid
driving licence and in view of the declaration of law made
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HC-KAR
by the Hon'ble Supreme Court in the case of Pappu and
Others vs. Vinod Kumar Lamba and Another reported
in (2018) 3 SCC 208, the Insurance Company be
directed to pay the compensation and thereafter, recover
the same from the owner of the vehicle in question.
7. Insofar as award of compensation is concerned,
it is not in dispute that, deceased - Baba Yadav was
working in Postal Department and drawing salary of
Rs.6,823/- as per Ex.P13. In that view of the matter, as
the deceased being salaried person and as per the
judgment of the Hon'ble Supreme Court in the case of
National Insurance Company Limited Vs. Pranay
Sethi, reported in (2017) 16 SCC 680, 15% of the
income has to be added towards future prospects. As
there are five dependents, 1/4th has to be deducted
towards personal expenses of the deceased and by
applying the appropriate multiplier of 11, the claimants are
entitled for Rs.7,76,853/- (Rs.6,823x15%x12s11x1/4)
towards loss of dependency.
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HC-KAR
8. The claimants are entitled for Rs.15,000/- each
towards loss of estate and funeral expenses. The
claimants are also entitled for Rs.2,00,000/- towards loss
of consortium. Hence, the claimants are entitled for
enhanced compensation as under:
Heads Amount
Loss of dependency Rs.7,76,853/-
Loss of love and affection Rs.2,00,000/-
Towards funeral expenses Rs.15,000/-
Loss of estate Rs.15,000/-
Total Rs.10,06,853/-
Less: awarded by Tribunal Rs.6,77,000/-
Enhancement Rs.3,29,853/-
Thus, the claimants are entitled for enhanced
compensation of Rs.3,29,853/- with interest at the rate
of 6% per annum.
9.In the result, I pass the following:
ORDER
I. The appeals are allowed in part.
II. The appellants/claimants are entitled for
enhanced compensation of Rs.3,29,853/- with
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HC-KAR
interest at the rate of 6% per annum from the
date of petition till the date of realization.
III. Appellant - Insurance Company is directed to
deposit the compensation amount within six
weeks from the date of receipt of certified copy
of this judgment and thereafter, recover the
same from the owner of the vehicle in question.
IV. As per the order dated 24.11.2023, the
claimants are not entitled for interest for the
delayed period of 921 days in filing the appeal.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 19
CT-PK
