- 1 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A NO. 102250 OF 2019 (MV-D) C/W. M.F.A NO. 102251 OF 2019 (MV-D) IN MFA NO. 102250/2019 BETWEEN: 1. SHRI RAJARAM S/O. MAHADEV CHAVAN, AGE: 42 YEARS, OCC: NILL. 2. SMT. USHA W/O. RAJARAM CHAVAN, AGE: 37 YEARS, OCC: HOUSEHOLD. 3. KUM. VAISHNAVI D/O. RAJARAM CHAVAN, AGE: 18 YEARS, OCC: STUDENT, ALL ARE R/O. LOHAGAV, TQ: JATH, DIST: SANGALI, NOW RESIDING AT: SAMBRA-BELAGAVI-590001. …APPELLANTS (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. SHRI SANJAYKUMAR K. SINGH, AGE: 50 YEARS, OCC: BUSINESS, R/O. C/O. SHRI AMARATBHAI MOHANBHAI HALAPATI, HOUSE NO.707, INDRA NAGAR, BEHIND P.O. SILVASSA, DT. NAGAR HAVALI SILVASSA, VT DADRA AND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 NAGAR HAVALI, D AND NH-396230. 2. THE BRANCH/DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI. M. K. SOUDAGAR, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE APPELLANT AND SADDLE THE ENTIRE LIABILITY ON THE RESPONDENTS, BY SETTING ASIDE JUDGMENT AND AWARD DATED 08/04/2019 IN MVC NO.1942/2017 PASSED BY THE COURT OF X ADDL. DISTRICT AND MEMBER OF ADDL. MACT BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 102251 OF 2019 BETWEEN: 1. SMT. RUPALI W/O. DHANAJI PAWAR, AGE: 28 YEARS, OCC: HOUSEHOLD WORK. 2. YASHRAJE S/O. DHANAJI PAWAR, AGE: 11 YEARS, OCC: STUDENT. 3. VRUSHALI D/O. DHANAJI PAWAR, AGE: 10 YEARS, OCC: STUDENT, (APPL NO.2 & 3 ARE MINORS R/BY. M/G. APPL NO.1). 4. SHRI SHIVAJI S/O. BABURAO PAWAR, AGE: 52 YEARS, OCC: NIL, ALL ARE R/O. WATHAMBAR, TQ: SANGOLA, DIST: SOLAPUR, - 3 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 NOW RESIDING AT SAMBRA-BELAGAVI-590001. …APPELLANTS (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: 1. SHRI SANJAYKUMAR K. SINGH, AGE: 50 YEARS, OCC: BUSINESS, R/O. C/O. SHRI AMARATBHAI MOHANBHAI, HALAPATI, HOUSE NO.707, INDRA NAGAR, BEHIND P.O. SILVASSA, DT: NAGAR HAVALI SILVASSA VT DADRA AND NAGAR HAVALI D AND NH 396230. 2. THE BRANCH/ DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., CLUB ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI. M. K. SOUDAGAR, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AND AWARD COMPENSATION CLAIMED BY THE APPELLANT AND SADDLE THE ENTIRE LIABILITY ON THE RESPONDENTS, BY SETTING ASIDE JUDGMENT AND AWARD DATED 08/04/2019 IN MVC NO.1945/2017 PASSED BY THE COURT OF X ADDL. DISTRICT AND MEMBER OF ADDL. MACT BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR FINAL DISPOSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 4 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) These appeals are filed by the claimants seeking enhancement of compensation being aggrieved by the common judgment & award dated 08.04.2019 passed in MVC Nos.1942/2017 and 1945/2017 by the X Additional District and Member of Addl. Motor Accident Claims Tribunal, Belagavi (for short, ‘Tribunal’). 2. Brief facts leading to filing of these appeals are that on 21.07.2017, the deceased Dhanaji Shivaji Pawar and Omkar Rajaram Chavan were proceeding in Truck container bearing Reg.No.NL-01/N-4752 on Mumbai- Ahmedabad Highway as a driver and cleaner respectively. It is averred that the driver of another Truck bearing Reg.No.DN-09/N-9082, who was proceeding on Mumbai- Ahmedabad Highway, suddenly applied break without giving any indication, as a result of which, the Truck container bearing Reg.No.NL-01/N-4752 which was coming from hind side dashed against the Truck bearing - 5 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 Reg.DN-09/N-9082. Due to which, both trucks caught fire and driver -Dhanaji Shivaji Pawar and cleaner- Omkar Rajaram Chavan died of burn injuries. 3. It is further averred that the deceased in MVC No.1942/2017 was aged about 20 years at the time of accident and was working as a cleaner and he was earning Rs.15,000/- per month and Rs.200/- as daily batta. The deceased in MVC No.1945/2017 was aged about 30 years at the time of accident and was working as a driver and he was earning Rs.30,000/- per month and Rs.300/- as daily batta. The legal heirs of the deceased- Omkar Rajaram Chavan filed claim petition in MVC No.1942/2017 and legal heirs of deceased-Dhanaji Shivaji Pawar filed claim petition in MVC No.1945/2017 seeking for compensation. 4. The respondent/insurer opposed the claim petition by denying age, income and avocation of the deceased. It is averred that the driver did not have valid driving licence and the accident was caused due to the negligence of the driver of the Truck container bearing - 6 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 Reg.No.NL-01/N-4752. Hence, they sought for dismissal of the claim petitions. 5. The Tribunal recorded the evidence. The claimants are examined as PW-1 and PW-2 and got marked documents as Exs.P1 to P15. The respondent did not adduce evidence, with the consent got marked as Ex.R1. 6. The Tribunal in MVC No.1942/2017, awarded a total compensation of Rs.12,39,600/- and in MVC No.1945/2017 awarded a total compensation of Rs.18,62,000/- (75% of total compensation is Rs.13,96,500/-). However, insofar as liability is concerned, the Tribunal held that the driver Dhanaji Shivaji Pawar was negligent and partly contributed to the accident to an extent of 25% and remaining 75% was due to the actionable negligence of the driver of the Truck bearing No.DN-09/N-9082. Being aggrieved, the claimants are in appeal. - 7 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 7. Learned counsel Sri. Siddappa Sajjan, appearing for the appellants-claimants in MVC No.1942/2017 submits that the Tribunal committed grave error is assessing income of the deceased at Rs.8,000/- per month, which is required to be enhanced with addition of 40% under the head loss of future prospects of the deceased and the claimants are also entitled compensation under the conventional heads. Thus, he seeks to allow the appeal by enhancing the compensation. 8. It is submitted that in MVC No.1945/2017, the Tribunal has committed grave error in recording finding that the deceased has contributed to the accident to the extent of 25% which is contrary to the material on record. He seeks to shift the entire liability on the offending Truck by directing the insurance company to pay the compensation. It is submitted that the deceased was working as a driver of heavy vehicle and earning Rs.30,000/- per month and was aged about 30 years at the time of accident. Hence, the compensation awarded by - 8 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 the Tribunal is meager and seeks to enhance the same appropriately. 9. We have heard the arguments of the learned counsels for the appellants and respondent-insurance company and perused the materials available on record. 10. We have given our anxious consideration to the submissions advanced on both sides. The point that arises for consideration in these appeals are, whether the impugned common judgment and award of the Tribunal calls for any interference in these appeals? 11. The aforesaid point is answered in the ‘affirmative’ for the following reasons: a. In MVC No.1942/2017, the claimants are parents and sibling of the deceased- Omkar Rajaram Chavan. He was aged about 20 years and cleaner by avocation. The Tribunal considered his income at Rs.8,000/- per month and awarded - 9 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 compensation. Admittedly, no evidence is placed on record to accept the income of the deceased at Rs.15,000/- per month with daily batta of Rs.200/-. In the absence of any evidence, we notionally assess the income of the deceased at Rs.10,250/- per month for the accident of the year 2017 as per the notional income chart prepared by the Karnataka State Legal Services Authority. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited Vs. Pranay Sethi & Others1 considering the age of the deceased, 40% of the income is to be added towards loss of future prospects in life. The deceased was a Bachelor. Therefore, 50% of the income is to be deducted towards his personal and living expenses. Considering the age of the deceased, the appropriate applicable 1 2017 (16) SCC 680 - 10 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 multiplier is ‘18’. Therefore, loss of dependency is re-assessed and quantified at Rs.15,49,800/- (Rs.10,250 + 40% x 12 x 18 x ½). b. In light of law laid down by the Hon’ble Apex Court in Pranay Sethi’s case supra, the claimants would be entitled to a sum of Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. c. The Tribunal has not awarded compensation towards loss of consortium. Keeping in mind the law laid down by the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others2, the claimants would be entitled for a sum of Rs.40,000/- each towards loss of consortium. 2 2018 ACJ 2782 - 11 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 d. The claimants are entitled to 6% of interest from the date of petition till realization on the compensation amount. The deceased was a cleaner, hence the entire compensation is liable to be paid by the respondent No.2 – Insurance company. e. In MVC No.1945/2017, the claimants are wife, children and the father of the deceased-Dhanaji Shivaji Pawar. He was aged about 30 years and driver of heavy vehicle by avocation and he was earning Rs.30,000/- per month and Rs.300/- as daily batta. The Tribunal assessed his income at Rs.10,000/- per month and awarded total compensation of Rs.18,62,000/- holding that the deceased was liable to the accident to the extent of 25% and ordered to pay Rs.13,96,500/- to the claimants. Admittedly, there is no evidence on record to prove the - 12 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 income of the deceased. There is no dispute that the deceased was a driver of heavy vehicle as it is evident from the charge sheet, material on record and taking note of the fact that the accident is of the year 2017. In the absence of any evidence, we notionally assess the income of the deceased at Rs.13,000/- per month. In view of the decision of the Hon’ble Apex Court in Pranay Sethi’s case referred supra, considering the age of the deceased, 40% of the income is to be added towards loss of future prospects in life. The deduction towards personal and living expenses of the deceased would be 1/4th. Considering the age of the deceased, the appropriate applicable multiplier is ‘16’. Therefore, loss of dependency is re-assessed and quantified at Rs.26,20,800/- (Rs.13,000 + 40% x 12 X 16 x 3/4). - 13 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 f. In light of law laid down by the Hon’ble Apex Court in Pranay Sethi’s case supra, the claimants would be entitled to a sum of Rs.15,000/- each towards loss of estate and funeral expenses. g. The Tribunal has correctly awarded a compensation of Rs.40,000/- towards loss of consortium. Keeping in mind the law laid down by the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others3, the claimants would be entitled for a sum of Rs.40,000/- each towards loss of consortium. h. The claimants are entitled to 6% of interest from the date of petition till realization on the compensation amount. 3 2018 ACJ 2782 - 14 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 i. The Tribunal has recorded finding that the deceased has suddenly applied the break without showing any indications and contributed to the accident. The jurisdictional police after investigation filed a chargesheet against the driver of the Truck container bearing Reg.No.DN-09/N-9082. The material available on record indicates that the driver of the offending Truck was in over speed and abruptly applied the break. Resulted in dashing the Truck driven by the deceased Dhanaji Shivaji Pawar. The contribution of the deceased to the accident appears to be minimal, hence, we are of the considered view that the contributory negligence arrived by the Tribunal is required to be modified to the extent of 10% and 90%. We hold that the deceased Dhanaji Shivaji Pawar was negligent and contributed to the accident to the extent of 10% and - 15 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 accordingly, we modify the liability of the deceased and the insurance company. 12. Having considered the pleading and evidence on record, we are of the considered view that the claimants are entitled for the enhanced compensation as under: 13. In MVC No.1942/2017(MFA No.102250/2019), the claimants would be entitled to modified compensation on the following heads: 14. In MVC No.1945/2017(MFA No.102251/2019), the claimants would be entitled to modified compensation on the following heads: Particulars Amount (in Rs.) Loss of dependency 15,49,800/- Loss of estate 15,000/- Transportation of dead body and funeral expenses 15,000/- Loss of consortium (Rs.40,000 X 3) 1,20,000/- Total 16,99,800/- - 16 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 15. In the result, this Court proceeds to pass the following: ORDER a) The appeals are allowed in part. b) The impugned judgment and award of the Tribunal in MVC No.1942/2017 is modified to an extent that the claimants would be entitled to total compensation of Rs.16,99,800/- as against Rs.12,39,600/- awarded by the Tribunal. Particulars Amount (in Rs.) Loss of dependency 26,20,800/- Loss of estate 15,000/- Transportation of dead body and funeral expenses 15,000/- Loss of consortium (Rs.40,000 X 4) 1,60,000/- Total 28,10,800/- Less: 10% contributory negligence 2,81,080/- Total Compensation 25,29,720/- - 17 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 c) The impugned judgment and award of the Tribunal in MVC No.1945/2017 is modified to an extent that the claimants would be entitled 90% of the total compensation of Rs.28,10,800/- which would be Rs.25,29,720 as against Rs.18,62,000/- awarded by the Tribunal. d) The compensation amount shall carry interest at the rate of 6% per annum from the date of claim petition till realization. e) The respondent/Insurer shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. f) The apportionment, deposit and disbursement of enhanced compensation shall be made as per award of the Tribunal. - 18 - HC-KAR NC: 2025:KHC-D:9416-DB MFA No. 102250 of 2019 C/W MFA No. 102251 of 2019 g) Registry to transmit the records to the Tribunal forthwith. h) Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 81