- 1 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 23200 OF 2013 (MV-D) BETWEEN: 1. SMT. RUDRAWWA W/O MAHADEVAPPA ANGADI AGE: 33 YEARS, OCC: HOUSEHOLD WORK 2. SHILPA D/O MAHADEVAPPA ANGADI AGE: 23 YEARS, OCC: NIL 3. SHIVALEELA D/O MAHADEVAPPA ANGADI AGE: 19 YEARS, OCC: STUDENT 4. LAXMI D/O MAHADEVAPPA ANGADI AGE: 16 YEARS, OCC: STUDENT 5. SHIVANAND S/O MAHADEVAPPA ANGADI AGE: 15 YEARS, OCC: STUDENT 6. VEERABHADRA S/O MAHADEVAPPA ANGADI AGE: 14 YEARS, OCC: STUDENT 7. SMT. PARWATEWWA W/O BASAPPA ANGADI AGE: 55 YEARS, OCC: HOUSEHOLD WORK 8. BASAPPA S/O GANGAPPA ANGADI AGE: 60 YEARS, OCC: NIL ALL ARE R/O. DASANKOPPA, DHARWAD. THE APPELLANTS NO. 4 TO 6 ARE MINORS REP. BY THEIR NATURAL GUARDIAN MOTHER, APPELLANT NO.1. …APPELLANTS (BY SRI. S.M. KALWAD, ADV) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.15 17:46:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 AND: 1. SHRISHAILA GANGAPPA ANGADI AGE: 50 YEARS, OCC: AGRICULTURE BUSINESS, R/O. LAKAMAPUR, TQ & DIST. DHARWAD. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., L.E.A COMPLEX, I FLOOR, NEAR CORPORATION OFFICE, DHARWAD. …RESPONDENTS (BY SRI. GIRISH S. HIREMATH, ADV FOR R1, SRI. S.S. KOLIWAD, ADV FOR R2) THIS MFA IS FILED U/SEC.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED:25-06-2011 PASSED IN MVC NO.553/2008 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDL. MACT, DHARWAD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed by the claimants, being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 25.06.2011 passed in M.V.C.No.553/2008 by the learned Prl. Senior Civil Judge and CJM, and Addl. M.A.C.T., Dharwad. 2. Brief facts leading rise to the filing of this appeal are as follows: 3. On 25.07.2007, Mahadevappa Angadi i.e., the husband of Petitioner No. 1 and Madivalappa Irappa Hadimani were going in a tractor trailer bearing registration No.KA-25/T-2416 and MXL-8138. The driver of the tractor was driving the vehicle at a high speed and in a rash and negligent manner. As a result, the driver lost control over the tractor and the tractor turtled down on a road side ditch. As a result, Mahadevappa Angadi and Madivalappa - 4 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 Irappa Hadimani sustained injuries and were succumbed to the injuries. The claimants being the legal representatives of the deceased Mahadevappa Angadi, filed a claim petition under Section 166 of the M.V. Act seeking compensation for the death of Mahadevappa. Accordingly, prays to allow the claim petition. 4. A notice was issued to the owner of the vehicle. Despite the service of notice, he remained unrepresented before the tribunal and was placed exparte. 5. The insurance company filed a statement of objections denying the averments made in the claim petition and contended that, only the tractor was insured with them and not the trailer. It is contended that the deceased Mahadevappa was traveling in the tractor as an unauthorized passenger and there is a breach of policy conditions. Hence, the insurance company is not liable to pay the compensation as claimed by the claimants. - 5 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 Accordingly, prays to dismiss the claim petition against the insurance company. 6. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 7. The claimants, to substantiate their case, claimant No.1 examined herself as PW-1, and marked 5 documents as Exs.P-1 to P-5. In rebuttal, the officer of the insurance company was examined as RW-1, and marked 4 documents as Exs.R-1 to R-4. 8. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 25.06.2011 and held that the claimants are entitled to a compensation of Rs.5,85,000/- along with interest at the rate of 6% p.a. from the date of the petition till the date of realization, and directed the owner of the vehicle to deposit the compensation amount and the claim petition against the insurance company was dismissed. The claimants, aggrieved by the impugned - 6 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 judgment and award, filed this appeal challenging the liability and the quantum. 9. Heard the arguments of the learned counsel for the claimants, and the insurance company. 10. Learned counsel for claimants submits that the Tribunal ought to have directed the insurance company to deposit the compensation amount at the first instance, and recover the same from the owner of the vehicle. He also submits that the compensation awarded by the Tribunal is on the lower side. He further submits that the Tribunal has assessed the notional income at Rs.3,000/- p.m. which is on the lower side. He submits that the Tribunal has not taken the notional income as per the schedule which has been notified by the Karnataka Legal Services Authority. Hence, he prays to allow the appeal. 11. Per contra, learned counsel for the insurance company supported the impugned judgment, and submits that the compensation awarded by the Tribunal is just and - 7 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 proper and do not call for, any interference by this court. Hence, he prays to dismiss the appeal. 12. Perused the records, and considered the submissions of the learned counsel for the parties. 13. The point that would arise for consideration is regarding the liability and the quantum of compensation. Reg. Liability 14. The claimants to substantiate their case, claimant No.1 was examined himself as PW1. She reiterated the claim averments in the examination-in-chief and to prove that the accident occurred due to the rash negligent and negligent driving by the driver of the offending vehicle, produced the charge sheet marked as Ex.P-3 which is filed against the driver of the offending vehicle. The Tribunal was justified in recording its finding that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. Though, the claimants have contended - 8 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 that the deceased was an agriculturalist and earning an income of Rs.7,000/- to Rs.8,000/- p.m., from the perusal of the claim petition, the claimants nowhere stated that the deceased was working as a coolie in the tractor bearing registration No.KA-25/T-2416 and MXL-8138. Therefore, the claimants have failed to prove that the deceased was working as a coolie in the aforesaid vehicle. The deceased was an agriculturist as stated in the claim petition. Hence, the Tribunal has rightly recorded its finding that the deceased was an unauthorized passenger in the offending vehicle, and that the owner of the offending vehicle has committed the breach of the policy conditions. As the vehicle was insured with the insurance company and as of the date of accident, the policy was in force, the insurance company is directed to deposit the compensation at the first instance and recover the same from the owner of the offending vehicle. - 9 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 Reg. Quantum of Compensation 15. The claimants did not produce any income proof. In the absence of income proof, this Court assesses the notional income as per the schedule notified by the Karnataka state Legal Services Authority. The accident occurred in 2007. The notional income is to be taken at Rs.4,000/-. In addition to it, the future prospects is to be added in view of the proposition laid down by the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others1. The deceased was aged 30 years old as of the date of the accident. Hence, 40% future prospects is to be added to the notional income. There are 8 dependants and 1/5th is to be deducted towards personal expenses of the deceased. The applicable multiplier to the age group of the deceased is 17. Accordingly, the loss of dependency is worked out as follows: 1 AIR 2017 SC 5157 - 10 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 Rs.4,000 + Rs.1,600/-(40% of Rs.4,000/-) = Rs.5,600/- Rs.5600-1,120 (1/5th of Rs.5,600/-) = 4,480/-. Rs.4,480 x 12 x 17 = 9,13,920/- 16. Thus, the claimants are entitled to a compensation of Rs.9,13,920/- towards the loss of dependency. There are eight claimants. Each claimant is entitled to a compensation of Rs.48,000/- as loss of consortium (Rs.48,000 x 8 = Rs.3,84,000/-). In addition to it, the claimants are entitled to a compensation of Rs.36,000/- under the heads of loss of estate and funeral expenses. Thus, the claimants are entitled to a total compensation of Rs.13,33,920/- as against Rs.5,85,000/- i.e., enhanced compensation of Rs.7,48,920/-. 17. Thus, in view of the above discussion, I proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 25.06.2011 passed in M.V.C.No.553/2008 by the learned - 11 - HC-KAR NC: 2025:KHC-D:11013 MFA No. 23200 of 2013 Prl. Senior Civil Judge and CJM and Addl. M.A.C.T., Dharwad is modified. (iii) The claimants are entitled to an enhanced compensation of Rs.7,48,920/- with interest at the rate of 6% per annum from the date of the petition till the date of realisation of the amount excluding the interest for a period of 619 days of delay in filing the appeal, as per the order dated 23.09.2016. (iv) The insurance company is directed deposit the compensation amount with accrued interest within a period of eight weeks from the date of receipt copy of this Judgment and recover the same from the owner of the offending vehicle. (v) The Office is directed to transmit the trial Court records to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 12