[Cites 2, Cited by 0]
Karnataka High Court
Shri Ganapati S/O Keshav Kamat vs Shri Demanna S/O Mahadev Wadkar on 7 March, 2026
-1-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 07TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 101564 OF 2021 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101234 OF 2019 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 101464 OF 2019 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 101468 OF 2019 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 101469 OF 2019 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 101470 OF 2019 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 101565 OF 2021 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 101566 OF 2021 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 101568 OF 2021 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 101569 OF 2021 (MV-I)
IN MFA No. 101564/2021
BETWEEN:
1. SRI GANAPATI S/O KESHAV KAMAT
AGE 57 YEARS, OCC BUSINESS,
M/S. GANESH TRAVELS, 257/1/A,
HOSUR MAIN ROAD, NEAR N.H. HOSPITAL,
BOMMASANDRA INDUSTRAIL AREA,
BENGALURU- 560001, REPT. BY GPA HOLDER
PRAVEEN S/O NEELAYYA BANGERA,
VIJAYALAKSHMI AGE 38 YEARS, OCC BUSINESS,
M KANKUPPI R/O EWS 444, "ANUGRAHA", NAVANAGAR, HUBBALLI.
Digitally signed by
VIJAYALAKSHMI ...APPELLANT
M KANKUPPI
(BY SRI. KUSHAL V BOLMAL., ADV)
Date: 2026.03.12
11:08:42 +0530
AND:
1. SHRI DEMANNA S/O MAHDEV WADKAR
AGE 53 YEARS, OCC BUSINESS,
R/O MEDAR GALLI, HALIYAL, DIST U.K.
2. THE NATIONAL INSURANCE CO LTD.,
2ND FLOOR, INLAND OMAL, OPP. HOTEL,
OCEAN PEARL, KODIAL, MANGALORE-5750003
...RESPONDENTS
-2-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
(BY SRI. G.N NARASAMMANAVAR FOR
SRI. LOKESH MALAVALLI, ADV FOR R1;
SMT. SHARMILA M. PATIL, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 31.12.2018 PASSED BY
SENIOR CIVIL JUDGE & AMACT, HALIYAL IN MVC NO.374/2016 SO
FAR AS LIABILITY TO THE COMPENSATION AS CLAIMED BY THE
RESPONDENT NO.1 IS CONCERNED & GRANT SUCH OTHER RELIEF
AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE.
IN MFA NO. 101234/2019
BETWEEN:
1. SRI.DEMANNA S/O MAHADEV WADKAR
AGED 50 YEARS, OCC:BUSIENSS
R/A MEDAR GALLI HALIYAL
DISTRICT UTTARA KANNADA-581329
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR APPELLANT)
AND:
1. GANAPATHI S/O KESHAV KAMAT
AGED 56 YEARS,
M/S GANESH TRAVELS
257/1/A, HOSUR MAIN ROAD
NEAR N.H.HOSPITAL BOMMASANDRA
INDUSTRIAL AREA, BENGALURU.
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO.LTD.,
2ND FLOOR, INLAND OMAL,
OPP HOTEL OCEAN PEARL,
KODIALBAIL, MANGALORE
...RESPONDENTS
-3-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
(BY SRI. KUSHAL BOLMAL, ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY
THE SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC
NO.374/2016 DATED 31.12.2018 BY MODIFYING THE IMPUGNED
AWARD AND LIABILITY FASTENED ON THE INSURANCE COMPANY
AND ALLOW THIS APPEAL WITH COST.
IN MFA NO. 101464/2019
BETWEEN:
1. ANIL S/O DEMANNA WADKAR
AGE: 18 YEARS, OCC: STUDENT,
R/A: MEDAR GALLI, HALIYAL,
DIST: UTTARA KANNADA-581329.
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR APPELLANT)
AND:
1. GANAPATHI S/O KESHAV KAMAT
AGED: MAJOR, M/S. GANESH TRAVELS,
257/1/A, HOSUR MAIN ROAD,
NEAR N.H.HOSPITAL BOMMASANDRA
INDUSTRIAL AREA, BENGALURU-560099.
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO. LTD.,
2ND FLOOR, INLAND OMAL OPP HOTEL
OCEAN PEARL, KODIALBAIL, MANGALURU-587142.
...RESPONDENTS
(BY SRI. KUSHAL BOLMAL, ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
-4-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY
THE SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC
NO.375/2016 DATED 31.12.2018 BY MODIFYING THE IMPUGNED
AWARD AND LIABILITY FASTENED ON THE INSURANCE COMPANY
AND ALLOW THIS APPEAL WITH COST.
IN MFA NO. 101468/2019
BETWEEN:
1. SRI.DEMANNA W/O MAHADEV WADKAR
AGED 50 YEARS, OCC:BUSINESS,
R/O.MEDAR GALLI, HALIYAL
DISTRICT UTTARA KANNADA
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR APPELLANT)
AND:
1. GANAPATHI S/O KESHAV KAMAT
AGED: MAJOR, M/S.GANESH TRAVELS
257/1/A, HOSUR MAIN ROAD,
NEAR N.H. HOSPITAL BOMMASANDRA
INDUSTRIAL AREA, BENGALURU
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO. LTD.,
2ND FLOOR, INLAND OMAL, OPP. HOTEL
OCEAN PEARL, KODIALBAIL, MANGALORE,
...RESPONDENTS
(BY SRI. KUSHAL BOLMAL, ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
-5-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY
THE SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC
NO.377/2016 DATED 31.12.2018 BY MODIFYING THE IMPUGNED
AWARD AND LIABILITY FASTENED ON THE INSURANCE COMPANY
AND ALLOW THIS APPEAL WITH COST.
IN MFA NO. 101469/2019
BETWEEN:
1. SRI. DEMANNA S/O MAHADEV WADKAR
AGED 50 YEARS, OCC: BUSINESS,
2. JYOTI D/O DEMANNA WADKAR
AGED 23 YEARS, OCC: STUDENT,
3. SHIVAKUMAR S/O DENANNA WADKAR
AGED 20 YEARS, OCC: STUDENT,
4. ANIL S/O DEMANNA WADKAR
AGED 18 YEARS, OCC: STUDENT,
ALL ARE R/O. MEDAR GALLI, HALIYAL
DIST:UTTARA KANNADA.
...APPELLANTS
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR APPELLANT)
AND:
1. GANAPATHI S/O KESHAV KAMAT
AGED: MAJOR, M/S. GANESH TRAVELS
257/1/A, HOSUR MAIN ROAD,
NEAR N.H.HOSPITAL BOMMASANDRA
INDUSTRIAL AREA, BENGALURU.
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO. LTD.,
2ND FLOOR, INLAND OMAL, OPP.HOTEL,
OCEAN PEARL, KODIALBAIL, MANGALORE
...RESPONDENTS
-6-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
(BY SRI. KUSHAL BOLMAL, ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY
THE SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC
NO.376/2016 DATED 31.12.2018 BY MODIFYING THE IMPUGNED
AWARD AND LIABILITY FASTENED ON THE INSURANCE COMPANY
AND ALLOW THIS APPEAL WITH COST.
IN MFA NO. 101470/2019
BETWEEN:
1. SRI. DEMANNA W/O MAHADEV WADKAR
AGED 50 YEARS, OCC: BUSINESS,
R/O. MEDAN GALLI HALIYAL
DISTRICT UTTARA KANNADA
...APPELLANT
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR APPELLANT)
AND:
1. GANAPATHI S/O KESHAV KAMAT
AGED:MAJOR, M/S.GANESH TRAVELS
257/1/A, HOSUR MAIN ROAD,
NEAR N.H.HOSPITAL BOMMASANDRA
INDUSTRIAL AREA, BENGALURU
2. THE BRANCH MANAGER
THE NATIONAL INSURANCE CO. LTD.,
2ND FLOOR, INLAND OMAL, OPP.HOTEL
OCEAN PEARL, KODIALBAIL, MANGALORE.
...RESPONDENTS
(BY SRI. KUSHAL BOLMAL, ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
-7-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO ENHANCE THE COMPENSATION AWARDED BY
THE SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC
NO.378/2016 DATED 31.12.2018 BY MODIFYING THE IMPUGNED
AWARD AND LIABILITY FASTENED ON THE INSURANCE COMPANY
AND ALLOW THIS APPEAL WITH COST.
IN MFA NO. 101565/2021
BETWEEN:
1. SRI GANAPATI S/O KESHAV KAMAT
AGE 57 YEARS, OCC BUSINESS,
P/R/O 5-4-180/2, GANESH GRAHA,
NEAR PREETIAPARTMENT, KODIABAIL,
MANGALORE-5750003
REP BY GPA HOLDER PRAVEEN
S/O NEELAYYA BANGERA, AGE 38 YEARS,
OCC. BUSINESS, R/O EWS 444,
"ANUGRAHA", NAVANAGAR, HUBBALLI.
...APPELLANT
(BY SRI. KUSHAL V BOLMAL., ADVOCATE)
AND:
1. SHRI ANIL S/O DEMANNA WADKAR
AGE 20 YEARS, OCC STUDENT,
R/O MEDAR GALLI, HALIYAL, DIST U.K
2. THE NATIONAL INSURANCE CO.LTD
2ND FLOOR, INLAND OMAL, OPP HOTEL
OCEAN PEARL, KODIAL,
MANGALORE-5750003
...RESPONDENTS
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR R1
SMT. SHARMILA M PATIL, ADV FOR R2)
-8-
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 31.12.2018 PASSED BY
SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC NO.375/2016
SO FAR AS LIABILITY TO THE COMPENSATION AS CLAIMED BY THE
RESPONDENT NO.1 IS CONCERNED & GRANT SUCH OTHER RELIEF
AS DEEMED FIT IN THE FACTS & CIRCUMSTANCES OF THIS CASE.
IN MFA NO. 101566/2021
BETWEEN:
1. SRI GANAPATI S/O KESHAV KAMAT
AGE 57 YEARS, OCC BUSINESS,
M/S. GANESH TRAVELS, R/O. 257/1/A,
HOSUR MAIN ROAD, NEAR N.H. HOSPITAL,
BOMMASANDRA INDUSTRAIL AREA,
BENGALURU- 560001, REPT. BY GPA HOLDER
PRAVEEN S/O NEELAYYA BANGERA,
AGE 38 YEARS, OCC BUSINESS,
R/O EWS 444, "ANUGRAHA",
NAVANAGAR, HUBBALLI.
...APPELLANT
(BY SRI. KUSHAL V BOLMAL., ADVOCATE)
AND:
1. SHRI DEMANNA S/O MAHADEV WADKAR
AGE. 53 YEARS, OCC BUSINESS,
R/O. MEDAR GALLI, HALLIYAL, DIST. U.K.
2. SHRI JYOTI D/O DEMANNA WADKAR
AGE. 25 YEARS, OCC. HOUSEHOLD,
R/O. MEDAR GALLI, HALIYAL, DIST. U.K.
3. SHRI SHIVKUMAR S/O DEMANNA WADKAR
AGE. 23 YEARS, OCC. STUDENT,
R/O. MEDAR GALLI, HALIYAL, DIST. U.K.
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NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
4. SHRI. ANIL S/O DEMANNA WADKAR
AGE. 20 YEARS, OCC. STUDENT,
R/O. MEDAR GALLI, HALIYAL, DIST. U.K.
5. THE NATIONAL INSURANCE CO. LTD.
2ND FLOOR, INLAND OMAL, OPP. HOTEL,
OCEAN PEARL, KODIAL,
MANGALORE 5750003.
...RESPONDENTS
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR R1 TO R4;
SMT. SHARMILA M PATIL, ADV FOR R5)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 31.12.2018 PASSED BY
SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC NO.376/2016
SO FAR AS LIABILITY TO THE COMPENSATION AS CLAIMED BY THE
RESPONDENT NO.1 IS CONCERNED & GRANT SUCH OTHER RELIEF
AS DEEMED FIT IN THE FACTS & CIRCUMSTANCES OF THIS CASE.
IN MFA NO. 101568/2021
BETWEEN:
1. SRI GANAPATI S/O KESHAV KAMAT
AGE 57 YEARS, OCC BUSINESS,
M/S. GANESH TRAVELS, R/O. 257/1/A,
HOSUR MAIN ROAD, NEAR N.H. HOSPITAL,
BOMMASANDRA INDUSTRAIL AREA,
BENGALURU- 560001, REPT. BY GPA HOLDER
PRAVEEN S/O NEELAYYA BANGERA,
AGE 38 YEARS, OCC BUSINESS,
R/O EWS 444, "ANUGRAHA",
NAVANAGAR, HUBBALLI.
...APPELLANT
(BY SRI. KUSHAL V BOLMAL., ADVOCATE)
- 10 -
NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
AND:
1. SHRI DEMANNA S/O MAHDEV WADKAR
AGE. 53 YEARS, OCC. BUSIENSS,
R/O. MEDAR GALLI, HALIYAL, DIST. UK.
2. THE NATIONAL INSURANCE CO. LTD.,
2ND FLOOR, INLAND OMAL, OPP. HOTE.
OCEAN PERAL, KODIAL,
MANGALORE 5750003.
...RESPONDENTS
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 31.12.2018 PASSED BY
SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC NO.377/2016
SO FAR AS LIABILITY TO THE COMPENSATION AS CLAIMED BY THE
RESPONDENT NO.1 IS CONCERNED & GRANT SUCH OTHER RELIEF
AS DEEMED FIT IN THE FACTS & CIRCUMSTANCES OF THIS CASE.
IN MFA NO. 101569/2021
BETWEEN:
1. SRI GANAPATI S/O KESHAV KAMAT
AGE. 57 YEARS, OCC. BUSINESS,
REPT. BY GPA HOLDER
PRAVEEN S/O NEELAYYA BANGERA,
AGE 38 YEARS, OCC BUSINESS,
R/O EWS 444, "ANUGRAHA",
NAVANAGAR, HUBBALLI.
...APPELLANT
(BY SRI. KUSHAL V BOLMAL.,ADVOCATE)
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NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
AND:
1. SHRI. DEMANNA
S/O MAHDEV WADKAR
AGE. 53 YEARS, OCC. BUSINESS,
R/O. MEDAR GALLI, HALIYAL, DIST. U.K.
2. THE NATIONAL INSURANCE CO. LTD.,
2ND FLOOR, INLAND OMAL, OPP. HOTEL
OCEAN PEARL, KODIAL,
MANGALORE 5750003.
...RESPONDENTS
(BY SRI. G.N. NARASAMMANAVAR, ADV FOR
SRI. LOKESH MALAVALLI., ADV FOR R1;
SMT. SHARMILA M PATIL, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND AWARD DATED 31.12.2018 PASSED BY
SENIOR CIVIL JUDGE & ADDL. MACT, HALIYAL IN MVC NO.378/2016
SO FAR AS LIABILITY TO THE COMPENSATION AS CLAIMED BY THE
RESPONDENT NO.1 IS CONCERNED & GRANT SUCH OTHER RELIEF
AS DEEMED FIT IN THE FACTS & CIRCUMSTANCES OF THIS CASE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC-D:3660
MFA No. 101564 of 2021
C/W MFA No. 101234 of 2019
MFA No. 101464 of 2019
HC-KAR AND 7 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
These Miscellaneous First Appeals are filed under
Section 173(1) of the Motor Vehicles Act, 1988
(hereinafter referred to as 'M.V.Act, 1988" for short)
arising out a common judgment and award dated
31.12.2018, passed in MVC Nos.374, 375, 376, 377 and
378 of 2016 by the learned learned Senior Civil Judge and
Additional MACT, Haliyal (hereinafter referred to as the
'Tribunal' for short).
2. Brief facts, leading rise to the filing of these
appeals, are as follows:
On 06.03.2016, the deceased Akshata daughter of
Demanna Wadkar along with the family members were
proceeding towards Dharmasthala in Maruthi Omni. When
they were proceeding on National Highway 63, near the
accident spot, a luxury bus bearing Reg.No.K20-C-3269
came from Ankola route Hubballi, in a great speed, and in
a rash and negligent manner, and dashed behind the
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HC-KAR AND 7 OTHERS
Activa Honda, which was proceeding towards Yellapur, and
suddenly turned right side, then dashed to Maruthi Omni.
The accident is direct and proximate result of negligence
of the driver of the luxury bus. Maruthi Omni was crushed,
and due to grievous injuries, the deceased including the
driver of Maruthi Omni and two other members were
succumbed to the injuries on the spot and some of them
have sustained the grievous injuries. A criminal case was
registered against the driver of the offending bus. The
legal representatives of the deceased filed a claim
petitions in MVC Nos. 374, 376 and 377 of 2016. The
injured filed a claim petition in MVC No.375, and 378 of
2016. All the claim petitions were clubbed together.
Accordingly, they pray to allow the claim petitions.
3. A notice was issued to respondent No.1-
Ganapati. Despite the service of notice, he remained
unrepresented and he was placed ex-parte before the
Tribunal.
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HC-KAR AND 7 OTHERS
4. Respondent No.2-Insurance company filed a
statement of objections denying the averments made in
the claim petition, and also denied the age and avocation
of the deceased and the injured. It is contended that the
vehicle bearing Reg.No.K20/C-3269 was owned by
respondent No. 1 and insured with the Insurance Company
as of the date of the accident. The liability of the
Insurance Company is subject to the terms, and conditions
and limitations etc. It is contented that the driver of the
offending vehicle did not possess a valid and effective
driving licence as of the date of the accident. Thus, there
is a violation of the terms and conditions of policy. Hence,
on these grounds, it is prayed to dismiss the claim
petitions against respondent No.2-Insurance Company.
5. The Tribunal, though clubbed all the claim
petitions, based on the pleadings of the parties, framed
the separate issues.
6. The claimant in MVC No.374/2016 was
examined as P.W.1, and marked 12 documents as Exs.P1
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HC-KAR AND 7 OTHERS
to P12. Conversely, the Insurance Company examined the
Assistant Manager as R.W.4, examined 3 witnesses as
R.Ws.1 to 3, and marked 13 documents as Exs.R1 to 13.
7. The Tribunal, after assessing the verbal and
documentary evidence, allowed the claim petitions in part
with costs vide judgment dated 31.12.2018, and awarded
a compensation of Rs.8,31,000/- in MVC No.374/2016,
Rs.8,000/- in MVC No.375/2016, Rs.10,20,000/- in MVC
No.376/2016, Rs.3,30,000/- in MVC No.377/2016 and
Rs.16,000/- in MVC No.378/2016 with interest at the rate
of 6% p.a. from the date of the petition till the realization
of the amount, and held that respondent No.1-owner is
liable to pay the entire compensation to the claimants. The
claim petitions against respondent No.2-Insurance
Company stood dismissed.
8. The claimants, being dissatisfied with the
quantum of compensation awarded by the Tribunal, filed
the appeals in MFA Nos.101234, 101464, 101468, 101469
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HC-KAR AND 7 OTHERS
and 101470 of 2019. The owner filed MFA Nos.101564,
101565, 101566, 101568 and 101569 of 2021.
9. Heard the arguments of the learned counsel for
the claimants and the learned counsel for the owner of the
offending vehicle and the Insurance Company.
10. Learned counsel for respondent No.1-
Ganapathi, i.e., the owner of the offending vehicle,
submitted that the compensation awarded by the Tribunal
is on the higher side. However, he submitted the appeals
filed by respondent No.1 may be allowed and the appeals
filed by the claimants may be dismissed.
11. Learned counsel for the claimants submits that
in MVC No.374/2016, the deceased was aged about 22
years, wherein the Tribunal could have taken the notional
income as per the schedule prepared by the Karnataka
State Legal Services Authority, i.e., Rs.8,750/- p.m., and
40% future prospects should have been added. On the
contrary, the Tribunal awarded a compensation of
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HC-KAR AND 7 OTHERS
Rs.8,31,000/-, which is on a lower side. He also submits
that in MVC No.376/2016, the Tribunal taken the national
income at Rs.6,000/- p.m. which is on the lower side, and
in MVC No.377/2016 taken the national income at
Rs.5,000/- p.m. which is also on the lower side. Hence, on
these grounds, he prays to allow the appeals filed by the
claimants, and prays to dismiss the appeals filed by
respondent No.1-owner of the offending vehicle.
12. Perused the records, and considered the
submissions of the learned counsel for the parties.
13. The point that would arise for consideration is
regarding the quantum of compensation.
14. There is no dispute regarding the occurrence of
the accident, death of the deceased, and the injuries
sustained by the claimants in a road traffic accident. To
prove that the accident occurred due to the rash and
negligent driving of the driver of the offending vehicle, the
claimants have produced a charge sheet marked as
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NC: 2026:KHC-D:3660
HC-KAR AND 7 OTHERS
Ex.P10. The Tribunal was justified in recording a finding of
fact that the accident had occurred due to the rash and
negligent driving of the driver of the offending vehicle.
Reg. Quantum of compensation:
In MVC No.374/2016.
15. The deceased was aged about 22 years as of
the date of the accident. It is contended that the deceased
was doing tailoring work and used to earn Rs.12,000/-
p.m. However, no documents are produced to prove her
income. In the absence of the income of the deceased, the
Tribunal has assessed the income of the deceased at
Rs.7,000/- p.m., which is on the lower side. The accident
is of 2016. As per the schedule issued by the Karnataka
State Legal Services Authority, this court re-assess the
income of the deceased at Rs.8,750/- p.m. In addition to
it, 40% towards the future prospects has to be added, as
per the proposition of law laid down by the Hon'ble Apex
Court in the case of NATIONAL INSURANCE COMPANY
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LIMITED VS PRANAY SETHI AND OTHERS reported in (2017)
16 SCC 680, which comes to Rs.3,500/-. Thus, the
income of the deceased is assessed at Rs.12,250/-
(Rs.8,750 + Rs.3,500). The deceased was a bachelor,
therefore, 50% of her income has to be deducted towards
her personal expenses, which comes to Rs.6,125/-. As the
deceased was about 22 years old, the multiplier applicable
to the age group of the deceased is '18' as per the
proposition of law laid down in the case of SARLA VERMA
(SMT) AND OTHERS V. DELHI TRANSPORT
CORPORATION AND ANOTHER reported in (2009) 6
SCC 121. Thus, the claimant is entitled to a compensation
of Rs.13,23,000/- (Rs.6,125/-x 12 x 18) under the head
loss dependency. The claimant is also entitled to
compensation of Rs.48,000/- towards the loss of
consortium, and Rs.36,000/- towards loss of estate and
funeral expenses.
16. Thus, the claimant is entitled to a total
compensation, which is as follows:
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Compensation
Particulars
amount in (Rs.)
Loss of dependency 13,23,000
Loss of consortium 48,000
Loss of estate and funeral
36,000
expenses
Total 14,07,000
Less: compensation awarded
8,31,000
by the Tribunal
Enhanced compensation 5,76,000
17. Thus, the claimant is entitled to a total
compensation of Rs.14,07,000/- as against Rs.8,31,000/-
awarded by the Tribunal. Thus, the claimant is entitled to
the enhanced compensation of Rs.5,76,000/-, with interest
at the rate of 6% p.a. from the date of the petition till its
deposit.
In MVC No.375/2016.
18. The claimant has neither produced any
disability certificate nor examined any doctor to prove the
disability. The Tribunal awarded a global compensation of
Rs.8,000/-. Considering the nature of the injuries
sustained by the claimant, this court awards a global
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compensation of Rs.15,000/- including the compensation
already awarded by the Tribunal.
In MVC No.376/2016.
19. The deceased aged about 40 years as of the
date of the accident. It is contended that the deceased
was doing shamiyana business and used to earn
Rs.10,000/- p.m. However, no documents are produced to
prove her income. In the absence of the income of the
deceased, the Tribunal has assessed the income of the
deceased at Rs.6,000/- p.m., which is on the lower side.
The accident is of the year 2016. As per the schedule
issued by the Karnataka State Legal Services Authority,
this court re-assess the income of the deceased at
Rs.8,750/- p.m. In addition to it, 30% towards the future
prospects has to be added, as per the proposition of law
laid down by the Hon'ble Apex Court in the case of
NATIONAL INSURANCE COMPANY LIMITED VS PRANAY SETHI
AND OTHERS reported in (2017) 16 SCC 680, which
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comes to Rs.2,625/-. Thus, the income of the deceased is
assessed at Rs.11,375/- (Rs.8,750 + Rs.2,625). There are
four dependents, and 1/4th has to be deducted, which
comes to Rs.2,843/-. The total income of the deceased
comes to Rs.8,532/-. As the deceased was about 40 years
old, the multiplier applicable to the age group of the
deceased is '15'. Thus, the claimants are entitled to a
compensation of Rs.13,35,760/- (Rs.8,532/-x 12 x 15)
under the head of loss of dependency. The claimants are
also entitled to compensation of Rs.1,92,000/-
(Rs.48,000/- x 4) towards loss of consortium, and
Rs.36,000/- towards loss of estate and funeral expenses.
20. Thus, the claimants are entitled to a total
compensation, which is as follows:
Compensation
Particulars
amount in (Rs.)
Loss of dependency 13,35,760
Loss of consortium 1,92,000
Loss of estate and funeral
36,000
expenses
Total 17,63,760
Less: compensation awarded
10,20,000
by the Tribunal
Enhanced compensation 7,43,760
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21. Thus, the claimants are entitled to a total
compensation of Rs.17,63,760/- as against Rs.10,20,000/-
awarded by the Tribunal. The claimants are entitled to the
enhanced compensation of Rs.7,43,760/-, with interest at
the rate of 6% p.a. from the date of the petition till its
deposit.
In MVC No.377/2016.
22. The claimant is the son-in-law of the deceased
and he has not led any evidence to show that he was
depending on his mother-in-law. In the absence of the
evidence, the Tribunal committed an error in awarding
compensation of Rs.3,30,000/-. Hence, the claim petition
filed by the claimant in MVC No.377/2016 is liable to be
dismissed, and accordingly, it is dismissed.
In MVC No.378/2016.
23. The claimant has contended that he suffered
disability in the road traffic accident. The claimant has not
examined the doctor. Considering the wound certificate,
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the Tribunal has awarded a compensation Rs.16,000/-.
This court considering the evidence of P.W.1, and the
wound certificate is of the opinion that the claimant is
entitled to a global compensation of Rs.25,000/- including
the compensation already awarded by the Tribunal.
24. The Tribunal dismissed the claim petitions
against the Insurance Company only on the ground that
the driver of the offending vehicle was not qualified for
obtaining the licence on the ground that he was having
vision problem. The State Government has asked the
Transport Commissioner to explore the feasibility of
granting DL to a person with one eye or monocular vision,
and the AIIMS experts furnished a report and opined that
the person with one eye may be considered for grant of DL
for non-commercial cars and motorcycles. Admittedly, the
vehicle involved in the accident is a commercial vehicle
and respondent No.1-Ganapathi has not produced any
medical certificate to show that at the time of renewal of
driving licence he had proper clear vision on his left eye.
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Apart from the police records also, it clearly goes to show
that the driver has lost his left eye vision about 5 to 6
years back and knowingly respondent No.1-Ganapathi had
entrusted the vehicle to the driver to drive the transport
vehicle. There is a violation of the terms and conditions of
insurance policy, and the Tribunal was justified in
dismissing the claim petition against the Insurance
Company.
25. In view of the above discussion, I proceed to
pass the following:
ORDER
i) The Appeals filed by the claimants in MFA
Nos.101234, 101464, 101469 and 101470 of
2019 filed by the claimants are allowed in
part. The appeals filed by respondent No.1-
Ganapathi in MFA Nos.101564, 101565, 101566
and 101569 of 2021 are dismissed.
ii) The judgment and the award dated 31.12.2018,
passed in MVC Nos.374, 375, 376 and 378 of
2016 by the learned Senior Civil Judge &
Additional MACT, Haliyal, are hereby modified.
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iii) The appellant-claimant in MVC No.374/2016 is
is entitled to a total compensation of
Rs.14,07,000/- as against Rs.8,31,000/-
awarded by the Tribunal. The claimant is
entitled to the enhanced compensation of
Rs.5,76,000/-, with interest at the rate of 6%
p.a. from the date of the petition till its deposit.
iv) The appellant-claimant in MVC No.375/2016 is
is entitled to a global compensation of
Rs.15,000/- including the compensation already
awarded by the Tribunal with interest at the
rate of 6% p.a. from the date of the petition till
its deposit.
v) The appellants-claimants in MVC No.376/2016
are entitled to a total compensation of
Rs.17,63,760/- as against Rs.10,20,000/-
awarded by the Tribunal. The claimants are
entitled to the enhanced compensation of
Rs.7,43,760/-, with interest at the rate of 6%
p.a. from the date of the petition till its deposit.
vi) The appellant-claimant in MVC No.378/2016 is
entitled to a global compensation of
Rs.25,000/- including the compensation already
awarded by the Tribunal with interest at the
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rate of 6% p.a. from the date of the petition till
its deposit.
vii) The appeal filed by the owner in MFA
No.101568/2021 is allowed and the appeal
filed by the claimant in MFA No.101468/2019 is
dismissed. The claim petition filed by the
claimant in MVC No.377/2016 is dismissed.
viii) Respondent No.1-Ganapathi (owner) is directed
to deposit the entire compensation amount with
interest within 8 weeks from the date of receipt
of a certified copy of this judgment.
ix) The finding of the Tribunal dismissing the claim
petitions against respondent No.2-Insurance
Company remain intact.
x) The Tribunal records, and the amount in
deposit, if any, shall be transmitted to the
Tribunal concerned, forthwith.
Sd/-
(ASHOK S. KINAGI)
JUDGE
MBS
CT: BSB
