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Karnataka High Court
Mr. M. Dharnappa vs The Divisional Controller on 23 March, 2026
-1-
NC: 2026:KHC:16311
M.F.A. No.7278/2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.7278/2018 (MV-D)
BETWEEN:
1. MR. M. DHARNAPPA
S/O THUKRA POOJARY
AGED ABOUT 53 YEARS
RESIDING AT NO.15-220/C
GANDODI HOUSE, B. MOODA VILLAGE
Digitally signed MODANKAP, BANTWAL, D.K.-575001.
by ARSHIFA
BAHAR KHANAM
2. MR. DOMBAYYA POOJARY
Location: HIGH
COURT OF S/O THUKRA POOJARY
KARNATAKA AGED ABOUT 45 YEARS
RESIDING AT D.NO.11-277
KAIKUNJE HOUSE
B-MOODA, BANTWAL D.K.
R/AT SILVER GATE
KULSHEKAR, MANGALORE-575001.
...APPELLANTS
(BY SRI. KARTHIK P.M. ADV.,)
AND:
THE DIVISIONAL CONTROLLER
KSRTC, MANGALORE
D.K.-575001.
...RESPONDENT
(BY SRI. D. VIJAYAKUMAR, ADV.,)
-2-
NC: 2026:KHC:16311
M.F.A. No.7278/2018
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED:15.02.2018 PASSED IN MVC
NO.40/2017 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT
JUDGE, MEMBER, MACT, DAKSHINA KANNAD, MANGALORE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the claimants seeking for
higher compensation challenging the judgment and award
dated 15.02.2018 passed in M.V.C.No.40/2017 by the IV
Additional District Judge and Member, Motor Accident
Claims Tribunal, Mangalore (for short, 'the Tribunal').
2. Though this appeal is listed for admission, with
the consent of the learned counsel for the parties, it is
taken up for final disposal.
3. Sri.Karthik P.M., learned counsel appearing for
the appellants submits that the Tribunal has erred in not
awarding any compensation under the head of loss of
dependency and the compensation awarded on all the
NC: 2026:KHC:16311
HC-KAR
other heads is also on the lower side. Hence, he seeks to
allow the appeal.
4. Per contra, Sri.D.Vijayakumar, learned counsel
appearing for the respondent supports the impugned
judgment and award and submits that PW-1, in his
evidence has clearly admitted that the deceased was
residing separately and both the claimants are residing
separately and have their own independent income.
Considering the said aspect, the Tribunal has declined to
grant any compensation under the head of loss of
dependency and has awarded the total compensation of
Rs.50,000/- which needs no interference. Hence, he seeks
to dismiss the appeal.
5. I have heard the learned counsel for the
appellants, the learned counsel for the respondent and
perused the material available on record.
6. It is not in dispute that in a road accident that
occurred on 10.10.2016, the deceased Venkappa Poojary
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sustained grievous injuries and succumbed to the same
and a claim petition was filed by the brothers of the
deceased. The evidence of PW-1 clearly indicates that the
deceased was a bachelor and was residing separately and
the claimants had their own independent income.
Considering the said aspect, the Tribunal has not awarded
any compensation under the head loss of dependency. In
my considered view, the said finding is in consonance with
the facts and the evidence on record which does not call
for any interference. However, the claimants being the
brothers are entitled to the compensation under the head
of loss of consortium at the rate of Rs.40,000/- each with
10% escalation i.e. Rs.44,000/- each which would be
Rs.88,000/-, the compensation towards loss of estate at
Rs.15,000/- with 10% escalation i.e. Rs.16,500/- and the
compensation towards transportation of dead body and
funeral expenses at Rs.15,000/- with 10% escalation i.e.
Rs.16,500/-. Thus, the total compensation awarded by
the Tribunal is re-assessed as under:
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HC-KAR
HEADS AMOUNT
(in Rs.)
Loss of consortium 88,000
Loss of love and affection 25,000
Transportation of dead body and
funeral expenses 16,500
Loss of estate 16,500
Total 1,46,000
7. Accordingly, I proceed to pass the following:
ORDER
a) The appeal is allowed-in-part.
b) The impugned judgment and award dated
15.02.2018 passed in M.V.C.No.40/2017 by the
Tribunal is modified to an extent that the
appellants-claimants would be entitled to the
total compensation of Rs.1,46,000/- as
against Rs.50,000/- awarded by the Tribunal.
The impugned judgment and award insofar as
the other findings are concerned, are upheld.
c) The enhanced compensation shall carry interest
at the rate of 6% p.a. from the date of petition
till realisation.
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d) The respondent-Insurance Company shall
deposit the enhanced compensation amount
with accrued interest before the Tribunal within
a period of six weeks from the date of receipt
of the certified copy of this judgment.
e) The rest of the judgment and award of the
Tribunal with respect to apportionment, deposit
and release shall remain unaltered.
f) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
List No.: 1 Sl No.: 27
