- 1 - HC-KAR NC: 2025:KHC-D:15503 MFA No. 100316 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100316 OF 2024 (MV-D) BETWEEN: 1. SMT. MAHANANDA CHANDRAPPA MARALINGANNAVAR, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. KALLOLI, GOKAK TQ., BELAGAVI DIST-591224. 2. KUMAR SHASHANK C. MARALINGANNAVAR, AGE: 11 YEARS, OCC: STUDENT, R/O. KALLOLI, GOKAK TQ., BELAGAVI DIST-591224. 3. KUMAR SUJAL C. MARALINGANNAVAR, AGE: 9 YEARS, OCC: STUDENT, R/O. KALLOLI, GOKAK TQ., BELAGAVI DIST-591224. …APPELLANTS (BY SMT. GEETHA K.M., ADVOCATE) AND: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15503 MFA No. 100316 of 2024 1. RAMESH BHUPAL KAMBLE, AGE: 51 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. HOSUR, POST YARNAL, HUKKERI TALUK, BELAGAVI DISTRICT, (OWNER OF KA49/R5234) 591221 2. THE SENIOR DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELAGAVI DISTRICT, INSURER OF KA49/R5234 590001 …RESPONDENTS (BY SRI. RAJESH B. RAJNAL, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 01/08/2019 PASSED BY IN THE COURT OF IV ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-V, AT BELAGAVI IN MVC NO.2023/2018 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15503 MFA No. 100316 of 2024 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal-V, Belagavi in MVC 2023 of 2018 dated 01.08.2019. This is a claimants’ appeal. 2. The submission that is made by Ms. Geetha K.M., learned counsel for the appellants is that the appellants are aggrieved by the sum that is awarded as compensation towards ‘loss of consortium’. Learned counsel states that the first appellant is the wife and appellants 2 and 3 are the children of the deceased Chandrappa, who died in a road traffic accident. Learned counsel submits that tribunal awarded a sum of Rs.40,000/- only towards ‘loss of consortium’ and thus the present appeal is filed. 3. Learned counsel for respondent No.2 Sri Rajesh B. Rajanal seeks the Court to dispose of the matter in accordance with law. - 4 - HC-KAR NC: 2025:KHC-D:15503 MFA No. 100316 of 2024 4. Admittedly, the first appellant being the wife of the deceased Chandrappa is entitled to Rs.40,000/- towards ‘loss of spousal consortium’ and appellants 2 and 3 being the children of the deceased Chandrappa are entitled to Rs.40,000/- towards ‘loss of parental consortium’. Thus the compensation which the appellants are entitled to receive in addition to the sum that is awarded by the tribunal is Rs.40,000/- under the head ‘loss of consortium’. Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-V, Belagavi through orders in MVC 2023 of 2018 dated 01.08.2019 is enhanced by Rs.40,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 827 days as per orders on I.A.No.1 of 2024. - 5 - HC-KAR NC: 2025:KHC-D:15503 MFA No. 100316 of 2024 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) The apportionment made by the tribunal applies to the enhanced sum as well. The finding given by the tribunal regarding keeping of the amount that falls to the share of appellants 2 and 3 in fixed deposit shall apply to enhanced sum as well. (vi) Appellant No.1 is permitted to withdraw her share immediately on deposit. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 9