- 1 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7240 OF 2017 (MV-D) BETWEEN: 1. SRI. HALAPPA S/O DURGAPPA AGED ABOUT 64 YEARS 2. SMT.JAYAMMA W/O HALAPPA AGED 59 YEARS 3. SMT.RUDRAMMA W/O LATE HANUMANTHAPPA AGED 34 YEARS 4. KUM.MANOJ S/O LATE HANUMANTHAPPA AGED 14 YEARS 5. KUM. SANJANA D/O LATE HANUMANTHAPPA AGED 9 YEARS APPELLANT NO.4 & 5 SINCE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.3 ALL ARE RESIDENTS OF MALLIGENAHALLI VILLAGE – 577 221 BELAGUTTI HOBLI, HONNALI TALUK DAVANAGERE DISTRICT …APPELLANTS (BY SRI. PRASAD B.S., ADVOCATE) AND: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 1. ALTAF S/O ALLABAKSH AGED 34 YEARS R/O NO. 3/24 PILLAIYAR KOIL STREET PERUNGUDI CHENNAI – 600 096 2. SRI.NAZIR AHAMMAD BADIRER S/O JAFFAR SAB, R/O HOUSE NO 11, SANVORDEM SANGUEM, GOA – 403 506 3. SRI RAMA GENERAL INSURANCE COMPANY LTD., E/8 EPIP, INDUSTRIAL AREA, SEETHAPURA, JAIPURA - 302022 RAJASHTHAN STATE …RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R3 R2- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.01.2017 PASSED IN MVC NO.76/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.76/2013 dated 18.01.2017 passed by the Court of Senior Civil Judge and Additional MACT, Harihar, the claimant is before this court - 3 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 seeking enhancement of the compensation and also questioning the liability fixed on the owner by exonerating the Insurance Company. 2. The facts of the case are that on 07.02.2013 at about 1:00 p.m. the deceased Hanumanthappa S/o Halappa who was working in Brick Kiln was moving on his bicycle through a road situated at T.B Circle, by that time the Lorry being drove by the respondent No.1 in rash and negligent manner which came from Honnali and hit against the deceased who was on his bicycle. The deceased received grievous injuries and died on the spot. The tribunal had granted the compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency Rs. 8,64,000/- 2. Loss of estate Rs. 50,000/- 3. Towards Consortium Rs. 50,000/- 4. Loss of love and affection Rs. 50,000/- 5. Conveyance and funeral expenses Rs. 25,000/- TOTAL Rs. 10,39,000/- - 4 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 3. Learned counsel appearing for the claimant submits that the Tribunal had exonerated the Insurance Company on the ground that the driver of the offending vehicle is not having the valid driving license to drive the vehicle. It is submitted that in the light of the law laid down in the case of National Insurance Co. Ltd. Vs. Swaran Singh and others1 as the driver is not having the driving license, the principle of pay and recover will apply and the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 4. Learned counsel for the insurance company submits that the tribunal has rightly granted the compensation and no interference is required with the well considered order passed by the tribunal. 5. Having heard the learned counsel on either side, perused the entire material available on record. The trial court has taken income at Rs.6,000/- as and considering the fact that the accident is of the year 2013, this Court is taking Rs.8,000/- as income. Considering the age of the deceased as 34 the 1 AIR 2004 SUPREME COURT 1531 - 5 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 future prospectus comes to Rs.3,200/- i.e Rs.11,200/- as there are 5 claimants 1/4th has to be deducted towards the personal expenses i.e. Rs.3,733/- it comes to Rs.7,467/- (Rs.11,200/- - Rs.3,733/- = Rs.7,467/-) his contribution to the family. Under the head of Loss of dependency this court is granting an amount of Rs.14,33,664/- (Rs.7,467x12x16). As there are 5 claimants an amount of Rs.2,20,000/- (5 x Rs.44,000/) is granted towards Consortium. Towards funeral expenses this court is granting an amount of Rs.36,000/-. 6. In the light of the law laid down by the Hon’ble Supreme Court in the case of V. Mekala Vs. M. Malathi And Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore entitled to the compensation under the following heads: Heads Compensation Awarded by Trial Court Compensation Awarded by this Court 1. Loss of dependency : Rs. 8,64,000/- 14,33,664/- 2. Loss of estate : Rs. 50,000/- 00/- 2(2014) 11 SCC 178 - 6 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 3. Towards Consortium : Rs. 50,000/- 2,20,000/- 4. Loss of love and affection : Rs. 50,000/- 00/- 5. Conveyance and funeral expenses : Rs. 25,000/- 36,000/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 10,39,000/- 16,99,664/- 8. Altogether the claimant is entitled for compensation of an amount of Rs.16,99,664/-. i. Accordingly, the appeal filed by the claimant is partly allowed enhancing the compensation from an amount of Rs.10,39,000/- to Rs.16,99,664/-. ii. The compensation amount shall be paid by the insurance company and recover the same from the owner of the vehicle. iii. The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. iv. The respondent-Insurance company shall deposit the compensation amount with accrued interest before the Trial Court within a period of eight - 7 - NC: 2025:KHC:18027 MFA No. 7240 of 2017 weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. v. The apportionment of the amount shall be as per the order passed by the Trial Court. vi. No Costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 14