- 1 - HC-KAR NC: 2025:KHC-D:15037 MFA No. 103983 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.103983 OF 2016 (MV-D) BETWEEN: THE MANAGING DIRECTOR, NWKRTC HUBLI, THROUGH IT’S DIVISIONAL CONTROLLER, NWKRTC BELAGAVI, IN THE APPEAL REP: BY CHIEF LAW OFFICER, NWKRTC CENTRAL OFFICE, HUBBALI. …APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: 1. SMT. SUVARNA WD/O. RAMESH YEDAVI, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: CHOUGULE NAGAR, MACHHE, TAL & DIST: BELAGAVI. 2. SMT. SAVITRI WD/O. RAMESH YEDAVI, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O: CHOUGULE NAGAR, MACHHE, TAL & DIST: BELAGAVI. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15037 MFA No. 103983 of 2016 3. MICHAEL F. WAZ AGE: MAJOR, OCC: BUSINESS, R/O: LIG GANESH NAGAR, DANDELI, TAL: HALYAL, DIST: UTTAR KANNADA-581325. 4. SHRI PARASURAM ARJUN GAONKAR, AGE: MAJOR, OCC: BUSINESS, R/O: RAM NAGAR, TAL: JOIDA, DIST: UTTAR KANNADA-581325. 5. LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD., V.A. KANABARGI SQUARE, 1ST FLOOR, DESHPANDE GALLI, HUBLI. …RESPONDENTS (R1 AND R2 SERVICE HELD SUFFICIENT; R3-R5 NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR RECORDS IN CASE MVC NO.451/2015 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL VI, BELAGAVI AND SET ASIDE THE JUDGMENT AND AWARD DATED 31/08/2016 BY ALLOWING THIS APPEAL WITH COST AND GRANT SUCH OTHER AND/OR FURTHER RELIEF’S, AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15037 MFA No. 103983 of 2016 JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri M.K.Saudagar, learned counsel for the appellant. Though notice was served upon respondents 1 and 2/claimants, they have not chosen to contest the matter. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-VI, Belagavi, in MVC 451 of 2015 dated 31.08.2016. 3. Respondents 1 and 2 claiming themselves to be the wives of the deceased Ramesh Ramchandra Yadavi (hereinafter be referred to as ‘the deceased’ for brevity), filed a petition claiming compensation on the ground that the deceased died in a road traffic accident that occurred in the year 2014. The tribunal through the impugned order granted a sum of Rs.6,17,000/- as compensation. Projecting that the said sum is exorbitant, the present appeal is filed. 4. Sri M.K.Soudagar learned counsel for the appellant submits that the tribunal awarded a sum of Rs.1,00,000/- - 4 - HC-KAR NC: 2025:KHC-D:15037 MFA No. 103983 of 2016 towards ‘ loss of consortium’ and Rs.1,00,000/- towards ‘loss of estate’ which is against the law laid down and highly exorbitant. Learned counsel thereby seeks for passing necessary orders. 5. Respondents 1 and 2/claimants are entitled to Rs.40,000/- towards ‘loss of spousal consortium’ and Rs.15,000/- towards ‘loss of estate’. However, tribunal awarded a sum of Rs.1,00,000/- towards ‘loss of consortium’ and Rs.1,00,000/- towards ‘loss of estate’. Thus the sum awarded in excess is Rs.1,45,000/-. Therefore, having found justification in the submission that is made by learned counsel for the appellant, 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-VI, Belagavi, through orders in MVC 451 of 2015 dated 31.08.2016 is reduced by Rs.1,45,000/-. (iii) The award of the tribunal on all other aspects holds good. - 5 - HC-KAR NC: 2025:KHC-D:15037 MFA No. 103983 of 2016 (iv) The amount awarded to respondents 1 and 2 shall proportionately be reduced. (v) Amount if any in deposit be transmitted to the concerned tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 77