- 1 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.103134 OF 2016 (MV) C/W MFA CROSS OBJ NO.100104 OF 2018 IN M.F.A. NO.103134 OF 2016 BETWEEN: 1. SMT. MAHADEVI W/O. MANOHAR KOTI, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O: BAILKUR, TQ: MUDDEBIHAL-586212, DIST: VIJAYAPURA. 2. NINGAPPA S/O. MANOHAR KOTI, AGE: 24 YEARS, OCC: AGRICULTURE, R/O: BAILKUR, TQ: MUDDEBIHAL-586212, DIST: VIJAYAPURA. 3. SMT. MALLAMMA W/O. TIPPANNA KOTI, AGE: 87 YEARS, OCC: HOUSEHOLD WORK, R/O: BAILKUR, TQ: MUDDEBIHAL-586212, DIST: VIJAYAPURA. SINCE DECEASED BY HER LR’S ON RECORD (APPELLANTS NO. 1, 2, 4, 5 AND 6) 4. KUMARI. SUCHITRA D/O. MANOHAR KOTI, AGE: 14 YEARS, OCC: STUDENT, R/O: BAILKUR, TQ: MUDDEBIHAL-586212, DIST: VIJAYAPURA. 5. KUMARI. SUSHMITA D/O. MANOHAR KOTI, AGE: 13 YEARS, OCC: STUDENT, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 R/O: BAILKUR, TQ: MUDDEBIHAL-586212, DIST: VIJAYAPURA. 6. KUMARI. SUPRIYA D/O. MANOHAR KOTI, AGE: 13 YEARS, OCC: STUDENT, R/O: BAILKUR, TQ: MUDDEBIHAL-586212, DIST: VIJAYAPURA. NOTE: APPELLANTS NO.4 TO 6 ARE MINORS AND THEY ARE REPRESENTED BY THEIR NEXT FRIEND AND NATURAL GUARDIAN APPELLANT NO.1. …APPELLANTS (BY SRI S.N. BANAKAR, ADVOCATE.) AND: 1. SMT. VEDHA W/O. BASAVARAJ BELLIHAL, AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O: HOOLAGERI, TQ: KUSHTAGI-584121, DIST: KOPPAL. 2. KUMARI. ARPITA D/O. BASAVARAJ BELLIHAL, AGE: 9 YEARS, OCC: STUDENT, R/O: HOOLAGERI, TQ: KUSHTAGI-584121, DIST: KOPPAL. SINCE MINOR, REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN RESPONDENT NO.1. 3. SMT. SHIVASANGAMMA W/O. AYYAPPA BELLIHAL, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: HOOLAGERI, TQ: KUSHTAGI-584121, DIST: KOPPAL. 4. MOHAMMED RAFI S/O. FAKIRSAB PATHAN, AGE: 42 YEARS, OCC: K.D.S., HOSPET, R/O: HOSPET, AT: HOSPET-582301, DIST: BALLARI. …RESPONDENTS (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE FOR R1 AND R3; R2 – MINOR, REPRESENTED BY R1; R4 – NOTICE SERVED.) - 3 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.07.2016, PASSED IN MVC NO.279/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUNGUND, WHEREUNDER AN EXCESSIVE AND EXORBITANT AMOUNT OF COMPENSATION OF RS.25,14,424/- HAS COME TO BE AWARDED AS AGAINST THE APPELLANTS WHICH MAY KINDLY BE SET ASIDE AND THE CLAIM PETITION FILED BY RESPONDENTS NO.1 TO 3 IN MVC NO.279/2014 MAY KINDLY BE DISMISSED, BY ALLOWING THIS APPEAL, IN THE ENDS OF JUSTICE AND EQUITY AND ETC.,. IN MFA CROSS OBJ NO.100104 OF 2018 BETWEEN: 1. SMT. VEDHA W/O. BASAVARAJ BELLIHAL, AGED ABOUT 39 YEARS, OCC: HOUSEHOLD, 2. KUMARI. ARPITA D/O. BASAVARAJ BELLIHAL, AGED ABOUT 11 YEARS, OCC: STUDENT, MINOR, REP. BY M/G MOTHER CROSS OBJECTOR NO.1. 3. SMT. SHIVASANGAMMA W/O. AYYAPPA BELLIHAL, AGED ABOUT 66 YEARS, OCC: HOUSEHOLD, ALL ARE R/AT: HOOLAGERI, TQ: KUSHTAGI, DIST: KOPPAL. …CROSS OBJECTORS (BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE.) AND: 1. SRI. MANOHAR S/O. TIPPANNA KOTI, SINCE DECEASED BY HIS LRS SMT. MAHADEVI W/O. MANOHAR KOTI, AGED ABOUT 49 YEARS, OCC: HOUSEHOLD, 2. SRI. NINGAPPA S/O. MANOHAR KOTI, AGED ABOUT 26 YEARS, OCC: AGRICULTURE, - 4 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 3. SMT. MALLAMMA W/O. TIPPANNA KOTI, AGED ABOUT 89 YEARS, OCC: HOUSEHOLD, SINCE DECEASED BY HIS LR’S ON RECORD (RESPONDENTS NO. 1, 2, 4, TO 6.) 4. SMT. SUCHITRA D/O. MANOHAR KOTI, AGED ABOUT 16 YEARS, OCC: STUDENT, 5. KUMARI. SHUSMEETA D/O. MANOHAR KOTI, AGED ABOUT 15 YEARS, OCC: STUDENT, 6. KUMARI. SUPRIYA D/O. MANOHAR KOTI, AGED ABOUT 14 YEARS, OCC: STUDENT, R4 TO R6 MINOR REP. BY M/G RESPONDENT NO.1 MOTHER. ALL ARE R/AT: BAILKUR, TQ: MUDDEBIHAL, DIST: VIJAYAPURA-586109. 7. SRI MOHAMMAD RAFI S/O.PAKEERSAB PATHAN AGE: 44 YEARS. OCC: KDS HOSAPETE, AT: HOSAPETE, DIST: BALLARI. …RESPONDENTS (R1 AND R2 – NOTICE SERVED; R4 TO R6 – MINORS, REPRESENTED BY R1; R7 – SERVICE OF NOTICE DISPENSED WITH.) THIS CROSS OBJECTION IS FILED IN MFA NO.103134 OF 2016 UNDER ORDER 41 RULE 22 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING FOR ENHANCEMENT OF COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, HUNGUND, IN MVC NO.279/2014 DATED 26.07.2016 BY ALLOWING THE PRESENT CROSS OBJECTIONS IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL AND THE CROSS OBJECTION, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 5 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The above appeal and cross objection call in question the judgment and award dated 26.07.2016, passed in MVC No.279/2014, by the Court of Senior Civil Judge and MACT, Hungund1. 2. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience. 3. The factual matrix in a nutshell leading to the present appeal are that when one Basavaraj2 was proceeding towards Hoolageri village on his motorcycle, a car bearing registration No.KA-33/M-1936 being driven by its driver in a rash and negligent manner, came and hit the motorcycle on which the claimant was travelling, causing the accident in question, as a result of which the deceased sustained grievous injuries and he died on the way to hospital. Claiming compensation for the death of the deceased, his wife, daughter and mother instituted the claim proceedings 1 Hereinafter referred to as ‘the Tribunal’. 2 Hereinafter referred to as ‘the deceased’. - 6 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 arraying the owner and driver of the offending car as respondents No.1 and 2 before the tribunal. The offending car was not insured by the 1st respondent owner. During the pendency of the claim proceedings, the owner died and his legal heirs have been brought on record before the tribunal as respondents No.1(a) to 1(f). 4. The respondents No.1 and 2 entered appearance before the tribunal and filed statement of objections. After the legal representatives of the deceased respondent No.1 owner of the car were brought on record, the legal representatives have also filed their statement of objections. The claimant No.1 was examined as PW.1 and a witness as PW.2. Exs.P.1 to P.12 have been marked. Respondent No.1(a) was examined as RW.1. However, no documentary evidence was produced. The tribunal by its judgment and award dated 26.07.2016, partly allowed the claim petition and awarded compensation of Rs.25,14,424/- together with interest @ 8% p.a. The compensation was ordered to be paid by the legal representatives of the deceased owner out of the property left behind by the deceased respondent No.1. - 7 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 5. Being aggrieved, the legal representatives of the deceased owner have preferred the appeal and the claimants have preferred cross objection. 6. Learned counsel Sri S.N.Banakar, appearing for the appellants, assailing the judgment of the tribunal contends that the deceased himself was responsible for causing the accident in question. It is further contended that the income of the deceased assessed by the tribunal is on higher side and that the compensation towards other heads is also on higher side. It is further contended that rate of interest awarded by the tribunal is on higher side. Hence, learned counsel seeks for allowing the appeal by setting aside the judgment and award of the tribunal. 7. Per contra, learned counsel Sri Mrutyunjay Tata Bangi, appearing for the cross objectors/claimants contends that the compensation awarded by the tribunal is on lower side and seeks for enhancement of compensation. - 8 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 8. The submissions of the learned counsels have been considered and material on record including the records of the tribunal have been perused. 9. The questions that arise for consideration are: i) Whether the tribunal was justified in holding that the driver of the car was responsible for causing the accident in question? ii) Whether the compensation awarded by the tribunal is liable to be enhanced?” 10. Reg. question No.1:- In the claim petition the claimants have clearly averred that the offending car came and hit the motorcycle of the deceased from behind. The charge sheet has been filed against the driver of the car. The claimants have examined an eye witness as PW.2 who has deposed as to the manner of occurrence of the accident. Apart from examining the wife of the deceased owner as RW.1, the respondents have not adduced any oral testimony of eye witness with regard to the manner of occurrence of accident. The tribunal considering the relevant aspect of the - 9 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 matter has rightly held that the accident occurred due to the rash and negligent driving by the driver of the car. In view of the same, the question No.1 framed for consideration is answered in the affirmative. 11. Reg. question No.2:- The deceased was aged 44 years at the time of accident and was employed as Driver cum Conductor in KSRTC at Kushtagi depot. The salary certificate of the deceased was marked as Ex.P.8. The tribunal considering the same has noticed that the gross income of the deceased was Rs.16,577/- per month. From the said amount professional tax of Rs.200/- was deducted and the income of the deceased was assessed as Rs.16,377/- per month. Further, future prospects at 30% was added and the income of the deceased for the purpose of assessment of loss of dependency was assessed as Rs.21,290/- per month. 1/3rd of the income of the deceased was deducted towards personal expenses since number of dependents were three. Having regard to the age of the deceased, applicable multiplier of 14 was adopted and the - 10 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 loss of dependency was assessed as Rs.23,84,424/-, which is just and proper. 12. The claimants are required to be awarded loss of consortium in terms of the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Ltd., vs. Nanu Ram and others3, and accordingly loss of consortium is re-assessed as Rs.1,32,000/- (Rs.44,000/- x 3), as against Rs.50,000/- awarded by the tribunal. 13. Further, a sum of Rs.16,500/- is required to be awarded towards loss of estate as against Rs.10,000/- awarded by the tribunal. A sum of Rs.16,500/- is required to be awarded towards funeral expenses as against Rs.25,000/- and Rs.5,000/- towards conveyance awarded by the tribunal. 14. The compensation of Rs.40,000/- towards loss of love and affection awarded by the tribunal is required to be set aside. 15. In view of the same, the compensation is re-assessed as follows: 3 (2018) 18 Supreme Court Cases 130. - 11 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1. Loss of dependency. 23,84,424 23,84,424 2. Loss of consortium. 50,000 1,32,000 3. Loss of estate. 10,000 16,500 4. Funeral expenses. 25,000 16,500 5. Conveyance. 5,000 - 6. Loss of love and affection. 40,000 - Total: 25,14,424 25, 49,424 16. Hence, the claimants are entitled to a total compensation of Rs.25,49,424/-. Hence, the 2nd question framed for consideration is answered in the affirmative. 17. The tribunal has awarded interest @ 8% p.a. Taking judicial notice of the rate of interest, applicable to fixed deposits, it is just and proper that the interest be awarded @ 7% p.a. 18. In view of the aforementioned, the following: ORDER i) The appeal and the cross objection are partly allowed. - 12 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 ii) The judgment and award dated 26.07.2016, passed in MVC No.279/2014, by the Court of Senior Civil Judge and MACT, Hungund, is modified to the extent ordered herein. iii) The claimants are entitled to a total compensation of Rs.25,49,424/- together with interest @ 7% p.a. from the date of petition till the date of payment. iv) The judgment and award of the Tribunal in all other respects remain unlatered. v) The amount deposited in MFA No.103134/2016 together with the records shall be transmitted to the tribunal forthwith. vi) The legal heirs of deceased 1st respondent shall pay the balance compensation together with interest within six weeks from today. - 13 - NC: 2025:KHC-D:4726-DB MFA No. 103134 of 2016 C/W MFA.CROB No. 100104 of 2018 vii) Modified award to be drawn accordingly. viii) Records of the tribunal shall be returned forthwith. Sd/- (S.G.PANDIT) JUDGE Sd/- (C.M.POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 50