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Karnataka High Court
Smt Pamida W/O Hasan Mujawar And Ors vs Sri Sanjay S/O Baburao Sawant And Ors on 23 January, 2026
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MFA No. 200767 of 2021
C/W MFA No. 200231 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 200767 OF 2021 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200231 OF 2022 (MV-D)
IN MFA No. 200767/2021
BETWEEN:
1. SMT. PAMIDA W/O HASAN MUJAWAR,
AGED ABOUT 45 YEARS,
OCC: HOUSEHOLD WORK.
2. SRI MAHAMMADALI S/O HASAN MUJAWAR,
AGED ABOUT 30 YEARS, OCC: NIL.
Digitally signed
by LUCYGRACE 3. SRI HAIDARALI S/O HASAN MUJAWAR,
Location: HIGH AGED ABOUT 25 YEARS, OCC: NIL.
COURT OF
KARNATAKA
4. SMT. RAMIJA W/O NABISA MUJAWAR,
AGED ABOUT 70 YEARS, OCC: NIL,
ALL ARE R/O. TIKOTA,
TQ. AND DIST. VIJAYAPURA.
...APPELLANTS
(BY SRI S. S. MAMADAPUR, ADVOCATE)
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MFA No. 200767 of 2021
C/W MFA No. 200231 of 2022
HC-KAR
AND:
1. SRI SANJAY S/O BABURAO SAWANT,
AGED ABOUT 50 YEARS, OCC: BUSINESS,
R/O. KAVALAPUR, TQ. MIRAJ,
DIST. SANGLI,
MAHARASHTRA-416 416.
2. THE MANAGER, LEGAL,
IFFCO TOKIO GENERAL INSURANCE
COMPANY LIMITED,
SHREE SHANTI TOWERS, 5TH FLOOR,
141, 3RD MAIN, EAST OF NGEP LAYOUT,
KASTURI NAGAR,
BENGALURU-560 043.
3. SRI DONDIRAM S/O ANANDA KADAM,
AGE: MAJOR, OCC: BUSINESS,
R/O. PETH, TQ. NALUR,
DIST. SANGLI-416 416,
MAHARASHTRA STATE.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
SRI KOUJALAGI CHANDRAKANT, ADVOCATE FOR 3;
V/O DTD. 07.10.2021 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO, ENHANCE THE COMPENSATION
AMOUNT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 19.01.2021 PASSED BY THE LEARNED IV ADDL.
DISTRICT AND SESSIONS JUDGE AND MEMBER MACT-XIII,
VIJAYAPUR, IN MVC NO.1785/2016.
IN MFA NO. 200231/2022:
BETWEEN:
THE MANAGER LEGAL,
IFFCO-TOKIO GENERAL INSURANCE CO.LTD,
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MFA No. 200767 of 2021
C/W MFA No. 200231 of 2022
HC-KAR
SHREE SHANTI TOWERS , 5TH FLOOR,
141, 3RD MAIN EAST OF NGEP LAYOUT,
KASTURI NAGAR, BANGALORE-560 043,
(THROUGH AUTHORISED SIGNATORY).
...APPELLANT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
1. PAMIDA W/O HASAN MUJAWAR,
AGE:45 YEARS, OCC: HOUSEHOLD.
2. MAHAMMADALI S/O HASAN MUJAWAR,
AGE: 30 YEARS, OCC: NIL.
3. HAIDARALI S/O HASAN MUJAWAR,
AGE: 25 YEARS, OCC: NIL.
4. RAMIJA W/O NABISA MUJAWAR,
AGE: 70 YEARS, OCC: NIL.
ALL R/O. TIKOTA,
TQ. AND DIST. VIJAYAPURA-586 101.
5. SANJAY S/O BABURAO SAWANT,
AGE: 50 YEARS, OCC: BUSINESS AND OWNER OF
MAHINDRA MAX JEEP NO. MH-10/K-907,
R/O. KAVALAPUR,
TQ. MIRAJ, DIST. SANGALI,
MAHARASHTRA-410 001.
6. DONDIRAM S/O ANANDA KADAM,
AGE: MAJOR, OCC: BUSINESS AND OWNER OF
MAHINDRA JEEP BEARING NO. MH-10/K-907,
R/O. PETH, TQ. NAIUR, DIST. SANGLI,
MAHARASHTRA-410 001.
...RESPONDENTS
(BY SRI S.S. MAMADAPUR, ADVOCATE FOR R1 TO R4;
R5 SERVED;
SRI KOUJALAGI C. L, ADVOCATE FOR R6)
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MFA No. 200767 of 2021
C/W MFA No. 200231 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE
APPEAL AND CONSEQUENTLY BE PLEASED TO SET ASIDE
THE ORDER DATED 19.01.2021 PASSED THE MOTOR
ACCIDENT CLAIMS TRIBUNAL NO. XIII AT VIJAYAPUR, IN
MVC NO. 1785/2016.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. These appeals are arising out of a Judgment and
award dated 19.01.2021 passed in MVC No.1785/2000, on
the file of the Motor Vehicle Accidents Claims Tribunal
No.XIII, at Vijayapur (for short 'the Tribunal') awarding
compensation.
2. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
3. The claimants are the legal representatives of the
deceased Hasan S/o. Nabiso Mujawar. It is stated in the
claim petition that on 19.08.2016 Sri. Hasan S/o. Nabiso
Mujawar was proceeding in his motorcycle bearing
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HC-KAR
registration No.MH-10/Q-9977 and at that time a Mahindra
Jeep bearing registration No.MH-10/K-907 came from
opposite direction and dashed to the motorcycle of the
deceased and on account of the same, Sri. Hasan succumbed
to the injuries. Hence, the claimants have preferred MVC
No.1785/2016 seeking compensation. The claim petition was
contested by the respondents. In order to establish their
case, the claimants have adduced evidence of P.W.1 and
P.W.2 and got marked 11 documents as Ex.P.1 to Ex.P.11.
The respondents examined two witnesses as R.W.1 and
R.W.2 and marked three documents as Ex.R.1 to Ex.R.3. The
Tribunal after considering the material on record by its
Judgment and award dated 19.01.2021, awarded
compensation of Rs.10,06,000/- with interest at the rate of
6% per annum from the date of the petition till realization.
Feeling aggrieved by fastening the liability on the Jeep
indemnifying the appellant-Insurance company herein, the
appellant Insurance company has filed MFA 200231/2022,
challenging the liability and the quantum of compensation
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HC-KAR
awarded by the Tribunal. The claimants have preferred MFA
No.200767/2021 seeking enhancement of the compensation.
4. Sri. Subhash Mallapur, learned counsel appearing
for the Insurance company argued that, the finding recorded
by the Tribunal requires to be interfered with, as there is
violation of conditions of the policy, as the respondent No.3
before the Tribunal claims that the owner of the vehicle
bearing registration No.MH-10/K-907 has stated in the
written statement that he has scrapped the vehicle in
question as per the permission of the jurisdictional RTO and
also the plea was taken that he has transferred the vehicle in
question and therefore, he sought for interference of this
Court.
5. Per contra, Sri. S.S.Mamadapur, learned counsel
appearing for the claimants sought to justify the fastening of
liability against the Insurance company and also sought for
enhancement of compensation.
6. In the light of the submission made by the
learned counsel appearing for the parties, it is not in dispute
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HC-KAR
that the deceased Hasan died on account of the road traffic
accident on 19.08.2016. The respondent No. 3 being the
owner of the jeep bearing registration No.MH-10/-907 has
stated that he has scrapped the vehicle in question with the
permission of the jurisdictional RTO and also took up a plea
that he has transferred the vehicle in question. However, the
perusal of the same, it would indicate that nothing has been
produced before the Tribunal as to the date on which the
vehicle in question was transferred or scrapped by the owner
of the vehicle in question. In that view of the matter, I am of
the view that, the respondent Nos.2 and 3 i.e. owner and
Insurance company are jointly liable to pay the
compensation to the claimants and as the respondent No.3 -
owner of the vehicle has not produced relevant documents
as to the transfer of the vehicle and also nothing has been
stated about production of driving licence as to prove the
violation of the terms of the policy, I am of the view that, the
Insurance company be directed to pay the compensation to
the claimants and thereafter recover the same from the
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HC-KAR
owner of the alleged vehicle i.e. Jeep bearing registration
No.MH-10/K-907 (belongs to respondent No.3).
7. Insofar as the award of compensation is
concerned, as per the guidelines issued by the Karnataka
Legal Services Authority, as to the accident of the year 2016,
the monthly income of the deceased has to be taken at
Rs.8,750/- per month. By applying the proper multiplier of
'13' as per the declaration of law made by Sarla Verma Vs.
Delhi Transport Corporation, reported in (2009) 6 SCC
121, and also added 25% towards future prospects as per
the Judgment of the Supreme Court in the case of National
Insurance Company Limited Vs. Pranay Sethi,
reported in (2017) 16 SCC 680, and as there are four
dependents to the deceased, 1/4th has to be deducted
towards personal expenses of the deceased. Hence, the loss
of dependency would be Rs.12,79,687/- (Rs.8,750/- + 25%
X 12 X 13 X ¾).
8. Since there are four claimants, the loss of
consortium would be Rs.1,60,000/- (Rs.40,000/- X 4). This
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HC-KAR
Court finds it reasonable to award a sum of Rs.25,000/-
towards funeral expenses and Rs.15,000/- towards loss of
estate and as such, the claimants are entitled for total
compensation as under:
Sl.No. Heads of compensation Amount
1 Loss of dependency Rs.12,79,687/-
2 Loss of consortium Rs.1,60,000/-
3 Funeral expenses Rs.25,000/-
4 Loss of estate Rs.15,000/-
Total Rs.14,79,687/-
9. Accordingly, the following order:
ORDER
(i) The appeals are allowed in-part;
(ii) The claimants are entitled to total
compensation of Rs.14,79,687/- along with
interest at the rate of 6% per annum from the date
of petition till the date of realization;
(iii) The Insurance company is directed to
deposit the compensation amount along with
interest within a period of six weeks and later
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HC-KAR
recover the same from the owner of the vehicle in
question (respondent No.3) before the Tribunal;
(iv) The amount in deposit be transmitted
to the tribunal, forthwith.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 26
CT:PK
