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Karnataka High Court
Sharada And Ors vs Esthekar Mohammed And Anr on 27 January, 2026
-1-
NC: 2026:KHC-K:590
MFA No. 200386 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.200386 OF 2023 (MV-D)
BETWEEN:
1. SHARADA W/O LATE RAJU NAYAK,
AGE:27 YEARS, OCC: HOUSEHOLD.
2. SANJANA D/O LATE RAJU NAYAK,
AGE:10 YEARS, MINOR.
3. SHRIKANT S/O LATE RAJU NAYAK,
AGE:8 YEARS, MINOR,
APPELLANTS NO.2 AND 3 ARE MINORS,
U/G OF THEIR NATURAL MOTHER, APPELLANT NO.1.
4. LAXMIBAI W/O BHAVSINGH NAYAK,
Digitally signed
by LUCYGRACE AGE:54 YEARS, OCC: HOUSEHOLD.
Location: HIGH
COURT OF 5. BHAVSINGH S/O PHOOLSINGH NAYAK,
KARNATAKA AGE:62 YEARS, OCC: COOLIE,
ALL R/O. KADALAPUR, TANDA, MUDHOL,
TQ. SEDAM, DIST. KALBURAGI,
NOW R/ AT SATNOOR, TQ. CHITTAPUR,
DIST. KALBURAGI.
...APPELLANTS
(BY SMT. TABBASUM SULTANA, ADVOCATE)
-2-
NC: 2026:KHC-K:590
MFA No. 200386 of 2023
HC-KAR
AND:
1. ESTHEKAR MOHAMMED
AGE:MAJOR, OCC: OWNER OF LORRY NO.
AP-12/V-0074,
R/O. RAVALPALLY, KODANGAL,
MAHEBOOBNAGAR, TELANGANA-509 338.
2. THE FUTURE INSURANCE CO.LTD.,
THROUGH ITS DIVISIONAL MANAGER,
1ST FLOOR, D.NO. 7-1-21A, APDL STATE,
OPP. CENTURY CLUB, BEGUMPET,
HYDERABAD TELANGANA-500 016.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DTD. 27.01.2023, NOTICE TO R1 IS DISPENSES WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO A) EXERCISE ITS APPELLANT
JURISDICTION AND MODIFY THE JUDGMENT AND AWARD
DATED 08-11-2022 PASSED BY THE LEARNED SENIOR CIVIL
JUDGE AND MACT AT CHITTAPUR IN MVC NO.591/2020 BY
ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR.
AND TO HOLD BOTH THE RESPONDENT NO.1 AND 2 JOINTLY
AND SEVERALLY LAIBLE TO PAY THE ENHANCED
COMPENSATION TO THE APPELLANTS.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Heard the learned counsel appearing for the parties.
NC: 2026:KHC-K:590
HC-KAR
2. This appeal is preferred by the claimants in MVC
No.591/2020 challenging the judgment and award dated
08.11.2022, on the file of the learned Senior Civil Judge
and MACT, Chittapur, awarding compensation to the
claimants.
3. For the sake of brevity, the parties in the
appeal shall be referred to in terms of their status and
ranking before the Tribunal.
4. It is a case of the claimants that, the husband
of claimant No.1 - Raju Nayak was travelling in Mahindra
Mini Goods Vehicle bearing registration
No.TS-34/TR-7058 and when the said vehicle reached
near Mallabad gate, the offending vehicle bearing
registration No.AP-12/V-0074 came from opposite
direction and dashed against the goods vehicle, in which
the deceased was travelling. The deceased succumbed to
injuries and as such, the claim petition was preferred by
the claimants in MVC No.591/2020, seeking compensation.
NC: 2026:KHC-K:590
HC-KAR
5. The claim petition was contested by the
respondents therein. The Tribunal after taking into
consideration the material on record, by its judgment and
awarded dated 08.11.2022, awarded compensation of
Rs.26,49,200/- with interest and also fastened the liability
to an extent of 50:50. Feeling aggrieved by the same, the
claimants have preferred this appeal.
6. Having taken note of the submission made by
the learned counsel appearing for the parties and on
perusal of the records, the deceased - Raju has also
contributed to the alleged accident and taking into
consideration the charge sheet (Ex.P7), I am of the view
that, the Tribunal has rightly assessed the liability and to
that extent, no interference is called for insofar as liability
is concerned.
7. Insofar as the quantum of compensation is
concerned, taking into consideration the discussion made
by the Tribunal, the Tribunal has awarded just
compensation towards loss of dependency, loss of estate,
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HC-KAR
towards spousal consortium, towards filial consortium and
towards parental consortium. Therefore, no interference is
made insofar as the aforementioned heads are concerned.
However, I am of the view that the Tribunal ought to have
awarded compensation of Rs.30,000/- towards
transportation of the dead body and funeral expenses.
Hence, enhancement of Rs.15,000/- is made in this appeal
with interest at the rate of 6% per annum for the date of
claim petition till realization.
8. In the result, I pass the following:
ORDER
I. The appeal is allowed in part.
II. The appellant/claimants are entitled for
enhanced compensation of Rs.15,000/- with
interest at the rate of 6% per annum from the
date of petition till the date of realization.
III. Respondent No.2 - Insurance Company is
directed to deposit the aforesaid compensation
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HC-KAR
amount within six weeks from the date of receipt
of certified copy of this judgment.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 33
CT:PK
