- 1 - HC-KAR NC: 2025:KHC-D:10245-DB MFA No. 102576 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 102576 OF 2023 (MV-D) BETWEEN: 1. SMT. ANARKALI W/O. SABIRALI SAYYAD, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. TIPU SULTAN GALLI, BALEKUNDRI KH, TQ. BELAGAVI, DIST. BELAGAVI-591103. 2. SHRI MUBARAK S/O. SABIRALI SAYYAD, AGE: 30 YEARS, OCC: SERVICE, R/O. TIPU SULTAN GALLI, BALEKUNDRI KH, TQ. BELAGAVI, DIST. BELAGAVI-591103. 3. SHRI KHWAJA S/O. SABIRALI SAYYAD, AGE: 32 YEARS, OCC: NIL, R/O. TIPU SULTAN GALLI, BALEKUNDRI KH, TQ. BELAGAVI, DIST. BELAGAVI-591103. …APPELLANT (BY SMT. GEETHA K. M, ADVOCATE) AND: 1. JOYEE KEDARI PIRAJI, AGE: MAJOR, OCC: SERVICE, 203, KALMESHWAR GALLI, SAMBRA, BELAGAVI-591103. 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, COLLEGE ROAD, OPP. SANMAN HOTEL, BELAGAVI 590001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10245-DB MFA No. 102576 of 2023 3. SHRI BASAVRAJ S. BHADALE, AGE: MAJOR, OCC: BUSINESS, R/O. EXECUTIVE DIRECTOR OF M/S JAGAJAMPI AUTO PVT. LTD., OPP. CIVIL HOSPITAL ROAD, AMBEDKAR ROAD, BELAGAVI-590010. 4. THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, CLUB ROAD, BELAGAVI-590001. 5. SMT. FATIMA JAMEER JALALI, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. NAIK GALLI, A/P NESARI, TQ. GADHINGLAJ, DIST. KOLHAPUR-416504. 6. SHRI MOHAMMAD GOUS SHABBIR ALI SAYYAD, AGE: 39 YEARS, OCC: SERVICE, R/O. TIPU SULTAN GALLI, BALEKUNDRI KH, TQ. BELAGAVI, DIST. BELAGAVI-591103. …RESPONDENTS (BY SRI. ASHOK A. NAIK, ADV. FOR R1; SRI. M. Y. KATAGI, ADV. FOR R2; SRI. R. R. MANE, ADV. FOR R4; NOTICE R3, R5 AND R6 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 29.07.2022 PASSED BY IN THE COURT OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT-V, IN MVC NO.2207/2019 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR HEARING ON IA, 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 - 3 - HC-KAR NC: 2025:KHC-D:10245-DB MFA No. 102576 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) Though this appeal is listed for hearing on interlocutory application, with the consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the appellants/claimants seeking enhancement of compensation awarded under impugned judgment and award dated 29.07.2022 passed in MVC No.2207/2019 on the file of IV Additional District Judge and MACT-V, Belagavi1. 2. Brief facts leading to filing of this appeal are that on 02.10.2019, the deceased-Sabir Ali was proceeding as pillion rider on the vehicle bearing Reg.No.KA-22/EX-8122. The rider of the said vehicle was riding the vehicle in a rash and negligent manner so as to endanger human life and without following the traffic rules and regulations and when they reached near the spot of 1 For short, ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC-D:10245-DB MFA No. 102576 of 2023 accident, the vehicle of respondent No.3 i.e., truck bearing No.KA-19/B-3147 was parked without precautions and indications and the rider lost control over the vehicle and dashed to the said truck and caused accident. Due to which, the deceased fell down and sustained grievous injuries and succumbed to those injuries. 3. Smt.Geeta K. M., learned counsel appearing for the appellants/claimants submits that this appeal is filed only to the extent of incorrectly awarding consortium to the claimants. It is submitted that claimants are wife and children of the deceased and are entitled to compensation of Rs.44,000/- each as per the law laid down by Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others2. Hence, she seeks to allow the appeal to the aforesaid extent. 4. Per contra, learned counsel appearing for the respondents supports the impugned judgment and award of the Tribunal and submits that the award of 2 (2018) 18 SCC 130 - 5 - HC-KAR NC: 2025:KHC-D:10245-DB MFA No. 102576 of 2023 compensation by the Tribunal is just and proper which does not call for any interference. 5. We have gone through the pleading, judgment and the submissions advanced. It is not in dispute that the appellants/claimants No.1 to 3 and respondents No.5 and 6 are the legal heirs of the deceased. Hence, they are entitled for consortium at the rate of Rs.40,000/- each with 10% escalation as per the law laid down by Hon’ble Apex Court in the case of Magma General Insurance Company Limited referred supra. To the aforesaid extent only, the appeal is allowed. Insofar as award of compensation on other heads and liability determined by the Tribunal is unaltered. Hence, the appeal is allowed in part. The appellants are entitled to compensation of Rs.2,20,000/- (44,000 x 5) as against Rs.40,000/- awarded by the Tribunal. 6. The compensation amount carries interest at the rate of 6% p.a from the date of petition till the date of realization. The impugned judgment and award of the - 6 - HC-KAR NC: 2025:KHC-D:10245-DB MFA No. 102576 of 2023 Tribunal is modified to the aforesaid extent. The insurance company shall deposit the compensation amount within a period of eight weeks. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 11