[Cites 1, Cited by 0]
Karnataka High Court
Smt. Ruka Bai W/O. Late H Ramu Naik vs Ramesh Naik S/O.Manu Naik R on 22 January, 2026
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NC: 2026:KHC-D:775
MFA No. 101073 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.101073 OF 2021 (MV-D)
BETWEEN:
1. SMT. RUKA BAI
W/O. LATE H RAMU NAIK,
AGED ABOUT 32 YEARS,
OCC. HOUSEWIFE,
2. MINOR D PAVITHRA BAI
D/O. LATE H RAMU NAIK,
AGED ABOUT 15 YEARS,
OCC. STUDENT,
3. MINOR JOHNSON
S/O. LATE H RAMU NAIK,
AGED ABOUT 13 YEARS,
Digitally signed by OCC. STUDENT,
VIJAYALAKSHMI
M KANKUPPI
Location: HIGH PETITIONER NOS.2 AND 3 ARE SINCE
COURT OF MINORS REPRESENTED BY THEIR NATURAL
KARNATAKA
GUARDIAN AND MOTHER PETITIONER NO.1
ALL ARE R/O. HONNAHALLI THANDA,
BALLARI TALUK AND DISTRICT-583101.
...APPELLANTS
(BY SMT. S.S. VAKKUND, ADVOCATE FOR
SRI. Y.LAKSHMIKANT REDDY, ADVOCATE)
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MFA No. 101073 of 2021
HC-KAR
AND:
1. RAMESH NAIK R. S/O. MANU NAIK R.,
AGED ABOUT 36 YEARS, DRIVER OF THE LORRY,
BEARING NO.KA-34/B-5828,
R/O. HONNAHALLI THANDA,
BALLARI TALUK AND DISTRICT-583101.
2. YA MALIK TRANSPORT,
OWNER OF THE LORRY
BEARING NO.KA-34/B-5828,
R/O. PLOT NO.10, W.NO.5/6,
SY.NO.723B1, GUGGARAHATTI,
BALLARI-583101.
3. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
GSR TOWERS, PARVATHI NAGAR,
SIRUGUPPA ROAD, BALLARI-583101.
...RESPONDENTS
(BY SMT. ARUNA R.DESHAPANDE, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD
DATED 02.03.2021 PASSED IN MVC NO.894/2019 ON THE FILE
OF THE MEMBER, MOTOR ACCIDENTS CLAIM TRIBUNAL-XII,
BALLARI BY ENHANCING THE COMPENSATION RS.17,77,800/-
TO RS.30,00,000/- TO THE APPELLANT AND ETC.,.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2026:KHC-D:775
MFA No. 101073 of 2021
HC-KAR
ORAL JUDGMENT
Aggrieved by the award passed in MVC No.894/2019 dated
02.03.2021 by the Member, MACT-XII, Ballari, the claimants are
before this Court seeking enhancement of the compensation.
2. The claim petition is filed seeking compensation for
the death of the deceased in the road traffic accident that took
place on 04.01.2019. The Tribunal had granted compensation as
per the table given below:
Heads Compensation
Awarded
1. Loss of dependency : Rs. 16,12,800/-
2. Loss of estate : Rs. 16,500/-
3. Funeral expenses : Rs. 16,500/-
4. Loss of consortium : Rs. 1,32,000/-
TOTAL : Rs. 17,77,800/-
3. Learned counsel appearing for the
appellants/claimants submits that the accident had taken place
in the year 2019 and the Tribunal had taken the income at
Rs.9,000/- per month. It is submitted that on all the other
conventional heads also, the compensation that is awarded by
the Tribunal is not just and reasonable.
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HC-KAR
4. The learned counsel appearing for the
respondent/Insurance Company submits that considering all the
aspects, the Tribunal had rightly granted the compensation and
there are no grounds to interfere.
5. Having heard the learned counsels on either side,
perused the material on record. The accident had occurred in the
year 2019. Hence, as per the chart prepared by the Karnataka
State Legal Services Authority, this Court is taking the notional
income of the deceased at Rs.13,250/- per month. As the
deceased was aged about 32 years, future prospects has to be
added at 40%, which comes to Rs.5,300/-. Then the income of
the deceased comes to Rs.18,550/-. As there are three
claimants, 1/3rd has to be deducted towards personal expenses,
which comes to Rs.6,183/-. Then his contribution to the family
would be Rs.12,367/- per month. Accordingly, the claimants are
entitled to an amount of Rs.23,74,464/- (Rs.12,367 x 12 x 16)
under the head of loss of dependency. Then coming to the
loss of consortium, the claimants are entitled to
Rs.1,44,000/- (Rs.48,000 x 3). This Court is granting an
amount of Rs.36,000/- towards funeral expenses.
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HC-KAR
6. In the light of the law laid down by the Hon'ble Apex
Court in the case of V.Mekala Vs. M. Malathi And Another1,
the claimants would be entitled for an amount of Rs.10,000/-
towards Legal Expenses.
7. The claimants are therefore, entitled to the
compensation under the following heads:
Compensation Compensation
Heads Awarded by the Awarded by
Tribunal this Court
1. Loss of dependency : Rs. 16,12,800/- 23,74,464/-
Funeral expenses 33,000/-
2. : Rs. 36,000/-
and loss of estate (16,500 +16,500) ]
3. Loss of consortium : Rs. 1,32,000/- 1,44,000/-
4. Legal expenses : Rs. 00/- 10,000/-
TOTAL : Rs. 17,77,800/- 25,64,464/-
8. Altogether, the claimants are entitled for an amount
of Rs.25,64,464/-.
9. Accordingly, the appeal filed by the claimants is
partly allowed by enhancing the compensation from an amount
of Rs.17,77,800/- to Rs.25,64,464/-.
i. The enhanced amount shall carry interest at 6%
per annum from the date of petition till the date of
realization.
(2014) 11 SCC 178
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HC-KAR
ii. The respondent - insurance company shall deposit
the amount within a period of eight weeks from the
date of receipt of copy of the judgment.
iii. The apportionment of the amount shall be as per
the order passed by the Tribunal.
iv.Registry is directed to send the certified copy of the
order passed by this Court to the Tribunal forthwith
without any delay.
v.No costs.
vi.Pending miscellaneous petitions, if any, shall stand
closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
JTR
CT: UMD
List No.: 1 Sl No.: 20
