- 1 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2722 OF 2023 (MV-D) BETWEEN: 1. SRI. GIRISHA S/O. CHINNAPPA, AGED ABOUT 38 YEARS, OCC AGRICULTURIST, R/O. K. GANADAKATTE VILLAGE, JOLADHALL POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 001. 2. SMT. KAVITHA. G W/O. GIRISHA, AGED ABOUT 26 YEARS, OCCU HOUSEWIFE, R/O. K. GANADAKATTE VILLAGE, JOLADHALL POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 001. …APPELLANTS (BY SRI. G.J.SUNKAPUR., ADVOCATE) AND: 1. RAGHAVENDRA. K S/O. KARIBASAPPA, AGED ABOUT 30 YEARS, OCC DRIVER OF OFFENDING VEHICLE NO. KA-14/C-0944, R/O. KALLPUR VILLAGE, JOLDAL POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. 2. THE HEAD MASTER PADMADEEPA PUBLIC SCHOOL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 D. B. HALLI, KALLIHAL, OWNER OF OFFENDING VEHICLE BEARING NO. KA-14/C-0944, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. 3. SRIRAM GENERAL INSURANCE COMPANY LTD., REP. BY ITS GENERAL MANAGER OFFICE, E-8, EPIP, RIICO, INDUSTRIAL AREA SITAPURA, JAIPUR, RAJASTHAN-302 022. …RESPONDENTS (BY SRI. ANUP SEETHARAM RAO, ADVOCATE FOR R2; R1- SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.01.2023 PASSED IN MVC NO. 494/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, 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.494/2020 dated 11.01.2023 by the Senior Civil Judge & JMFC at Channagiri, whereby the Tribunal had granted compensation of an amount of Rs.2,95,010/-, the claimants are before this Court seeking enhancement of the compensation. - 3 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 2. The claim petition was filed under Section 166 of Motor Vehicles Act, 1988 seeking compensation of an amount of Rs.30,00,000/- for the death of deceased in the accident that took place on 27.11.2019. 3. The brief facts of the case are that on 27.11.2019 at 4.30 evening, son of the claimants by name Master Ajay was coming to their village, after completing his school, he was coming in the school bus. When the son of the claimants was about to step out from the bus, the driver of the bus without observing that started the bus and drove the bus negligently. The son of the claimants fell down and back wheel of the bus ran on the claimants' son, in the result he had sustained grievous injuries and died on the spot. 4. The Tribunal had awarded compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency Rs. 2,00,010/- 2. Filial consortium Rs. 80,000/- 3. Funeral expenses Rs. 15,000/- TOTAL Rs. 2,95,010/- - 4 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 5. Learned counsel appearing for the claimants submits that the Tribunal ought to have been taken the notional income as per the judgment of the Hon'ble Apex Court in the case of Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari And Another in Civil Appeal No.10278/2025. It is submitted that in this case also same needs to be applied. 6. Learned counsel appearing for the Insurance Company submits that when it is the case of the death of the minor, the Hon'ble Apex Court in the case of Kishan Gopal and Another Vs. Lala and Another1 has granted compensation an amount of Rs.5,00,000/- and also later in Meena Devi Vs. Nanu Chand Mahto2 also had granted an amount of Rs.5,00,000/-. It is submitted that in the judgment relied on by the appellant, the judgment in Kishan Gopal as well as Meena Devi's cases were not considered and only case of Kajol was considered. Kajal's case is a case where because of the accidental injuries the claimant had suffered paraplegia and was completely in a vegetative condition. Looking at those facts and circumstances 1 (2014) 1 SCC 244. 2 (2023) 1 SCC 204 - 5 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 compensation was granted by the Tribunal. It is submitted that the two judgments which are on the relevant point were not considered and the Hitesh Nagjibhai Patel referred supra, is not applicable to the facts of the case. 7. Having heard learned counsels on either side, perused the material on record. This Court finds force in the argument of the learned counsel appearing for the Insurance Company. In the latest judgment of the Hon'ble Apex Court in Hitesh Nagjibhai Patel referred supra and the two earlier judgments in Kishan Gopal and Meena Devi's cases referred supra were not considered and Kishan Gopal and Meena Devi's referred supra squarely applies to the facts of this Case. In the light of the same, this Court is inclined to follow the two judgments and grant compensation of an amount of Rs.5,00,000/- interest at 9%. 8. Coming to the liability, the Tribunal had fixed the liability on the owner of the vehicle on the ground that there was no valid permit when accident occurred. Even when there is a clear violation of terms and conditions of the policy in the light of the law laid down by the Hon'ble Apex Court in case of - 6 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 Rani And Others Vs National Insurance Company3, the Insurance Company is liable to pay the compensation and recover the same from the owner of the vehicle. 9. Altogether, the claimants are entitled for compensation of an amount of Rs.5,00,000/-. 10. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.2,95,010/- to Rs.5,00,000/-. i. The enhanced amount shall carry interest at 9% per annum from the date of petition till the date of realization. ii. Insurance company shall pay the compensation and recover the same from the owner of the vehicle. iii. The Insurance-Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. 3 (2018) 8 SCC 492 - 7 - HC-KAR NC: 2025:KHC:38692 MFA No. 2722 of 2023 iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v. The apportionment of the amount shall be as per the order passed by the Tribunal. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 9