- 1 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH 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.105175 OF 2024 (MV-D) C/W. M.F.A. NO.100755 OF 2024 IN MFA NO.105175 OF 2024 BETWEEN: 1. SMT. SAIDA W/O. GAJBAR FARAS, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. DEVALATTI VILLAGE, TAL. KHANAPUR, DISTRICT. BELAGAVI-591302. 2. SHRI MALIKJAN S/O. GAJBAR FARAS, AGE: 23 YEARS, OCC: AGRICULTURE, R/O. DEVALATTI VILLAGE, TAL. KHANAPUR, TQ. KHANAPUR, DISTRICT. BELAGAVI-591302. 3. SMT. RAIZWANA W/O. MOHAMMEDISMAIL BELWADI, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.235, SY.NO.1018, ASADKHAN COLONY, VEERBHADRA NAGAR, BELAGAVI-590016. 4. SMT. SURAYYA MAKBULSAB FARAS, AGE: 78 YEARS, OCC: HOUSEWIFE, R/O. DEVALATTI VILLAGE, TAL. KHANAPUR, DIST. BELAGAVI-591302. …APPELLANTS (BY SRI. ASHOK A. NAIK, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 AND: 1. SHRI. SHIVANAND S/O. ARJUN TAKKEKAR, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. AT POST VIDYA NAGAR, DEVALATTI VILLAGE, TAL. KHANAPUR, DIST. BELAGAVI-591302. 2. THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, MADIWALA ARCADE, CLUB ROAD, BELAGAVI-590001. 3. SHRI MEHBOOB S/O. MAQBOOBLSAB FARAS, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. H.NO. 684/B, VIJYA NAGAR, DEVALATTI, TAL. KHANAPUR, DIST. BELAGAVI-591302. 4. THE UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS MANAGER, MICRO OFFICE NO.340, DNYANESHWAR CHOWK, CHIRMURKAR GALLI, KHANAPUR, DIST. BELAGAVI-591302. …RESPONDENTS (BY SRI. SANTOSH B. RAWOOT, ADV. FOR R1; SRI. S. S. KOLIWAD, ADV. FOR R2; SMT. PREETI SHASHANK, ADV. FOR F4; NOTICE TO R3 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 04.09.2023 PASSED IN MVC NO.859/2021 ON THE FILE OF THE X ADDL. DISTRICT JUDGE AND ADDL. MACT BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 IN MFA NO. 100755 OF 2024 BETWEEN: THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, MADIWALA ARCADE, CLUB ROAD, BELGAUM, REPRESENTED THROUGH ITS REGIONAL OFFICE, SUMANGAL COMPLEX, 2ND FLOOR, LAMINGTON ROAD, HUBBALLI-580020, REP. BY ITS ASSISTANT MANAGER. …APPELLANT (BY SRI. S. S. KOLIWAD, ADVOCATE) AND: 1. SMT. SAIDA W/O. GAJBAR FARAS, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. DEVALATTI VILLAGE, TQ. KHANAPUR, DIST. BELGAUM, PIN-591302. 2. SRI. MALIKJAN S/O. GAJBAR FARAS, AGE: 23 YEARS, OCC: AGRICULTURE, R/O. DEVALATTI VILLAGE, TQ. KHANAPUR, DIST. BELGAUM, PIN-591302 3. SMT. RAIZWANA W/O. MOHAMMEDISMAIL BELWADI, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.235, SY. NO.1018, ASADKHAN COLONY, VEERBHADRA NAGAR, DIST. BELGAUM, PIN-590002. 4. SMT. SURAYYA MAKBULSAB FARAS, AGE: 78 YEARS, OCC: HOUSEWIFE, R/O. DEVALATTI VILLAGE, TQ. KHANAPUR, DIST. BELGAUM, PIN-591302. 5. SRI. SHIVANAND S/O. ARJUN TAKKEKAR, - 4 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 AGE: 39 YEARS, OCC: AGRICULTURE, R/O. VIDYA NAGAR, DEVALATTI VILLAGE, TQ. KHANAPUR, DIST. BELGAUM, PIN-591302. 6. SRI. MEHBOOB S/O. MAQBOOLSAB FARAS, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.684/B, VIDYA NAGAR, DEVALATTI VILLAGE, TQ. KHANAPUR, DIST. BELGAUM, PIN-591302. 7. THE UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS MANAGER, MICRO OFFICE NO.340, DNYANESHWAR CHOWK, CHIRMURKAR GALLI, KHANAPUR, DIST. BELGAUM, PIN-591302. …RESPONDENTS (BY SRI. ASHOK A. NAIK, ADV. FOR R1 TO R4; SRI. SANTOSH B. RAWOOT, ADV. FOR R5; SMT. PREETI SHASHANK, ADV. FOR R7; NOTICE TO R6 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC NO.859/2021 PASSED BY IN THE COURT OF THE X ADDL. DISTRICT JUDGE AND ADDL. MACT, BELAGAVI AT: BELAGAVI, EXAMINE THE SAME AND SET ASIDE THE AWARD DATED 04.09.2023 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE. 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 - 5 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) MFA.No.105175/2024 is filed by the claimants and MFA.No.100755/2024 is filed by the Insurance Company in MVC.No.859/2021 challenging the judgment and award dated 04.09.2023 passed by the learned X Addl. District Judge & Addl. MACT., Belagavi at Belagavi1. 2. The parties henceforth are referred to as per their ranking before the Tribunal for the purpose of convenience. 3. Heard. 4. Sri.Ashok A.Naik, learned counsel appearing for the claimants submits that the appeal is only concerned with regard to the incorrectness in awarding consortium by the Tribunal. It is submitted that the claimants are the wife, mother and children of the deceased Gajabar Faras. Hence, they are entitled to consortium at the rate of 1 for short, ‘Tribunal’ - 6 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 Rs.44,000/- including 10% escalation each as per the law laid down by the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others2. Thus, he seeks to allow the appeal filed by the claimants. 5. Per contra, Sri.S.S.Koliwad, learned counsel appearing for the Insurance Company submits that the Tribunal has committed a grave error in considering claimant No.3 as dependent of the deceased as she is a married daughter of the deceased and she has settled in a different place with her husband. Hence, the deduction would be 1/3rd and not 1/4th. It is submitted that the jurisdictional Police filed a charge sheet against the deceased for the offence punishable under Section 3 of the Motor Vehicles Act, 19883 as he was not having a valid driving licence as on the date of the accident and hence, he had also contributed to the accident in question. Thus, he seeks to exonerate the Insurance Company from 2 2018 ACJ 2782 3 for short, ‘M.V. Act’ - 7 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 liability to certain extent by allowing the appeal filed by the Insurance Company. 6. We have heard the learned counsel appearing for the claimants as well as the learned counsel appearing for the Insurance Company and meticulously perused the material available on record. 7. It is not in dispute that on 20.01.2020 in a road accident, Sri.Gajabar Faras who is husband of claimant No.1, father of claimants No.2 and 3 and son of claimant No.4 sustained grievous injuries and succumbed to the injuries. The jurisdictional Police after completion of investigation, filed a charge sheet against the rider of the motorcycle bearing registration No.KA-22/HE-7331 which indicates that the Police have filed a charge sheet against the deceased for the offence punishable under Section 3 of the M.V. Act for not possessing a valid and effective driving licence as on the date of the accident. The contention of the learned counsel for the Insurance Company that the deceased has also contributed to the - 8 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 accident cannot be accepted merely on the ground that the deceased was not having valid and effective driving licence as on the date of the accident. The Tribunal on appreciation of the oral and documentary evidence and taking note of the fact that the charge sheet filed against the rider of the motorcycle bearing registration No.KA- 22/HE-7331 has come to a conclusion that the rider of the aforesaid motorcycle was negligent and caused the accident in question. We do not find any error in the said finding. Hence, the Insurance Company is liable to pay the entire compensation. 8. The Tribunal has committed an error in considering the claimant No.3 as the dependant of the deceased Gajabar Faras. The records indicate that the claimant No.3 is married and residing separately in her matrimonial home and is away from the deceased’s family and she is not a dependent. Considering the same, the appropriate deduction would be 1/3rd towards personal and living expenses of the deceased as against 1/4th - 9 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 assessed by the Tribunal and to that extent the impugned judgment and award is required to be modified. The Tribunal has awarded a meagre compensation of Rs.15,000/- each under the head of loss of estate and funeral expenses and also meagre amount under the head of loss of consortium, which is modified by awarding Rs.44,000/- including 10% escalation each as per the law laid down by the Hon’ble Supreme Court in the case of Magma referred supra. Thus, the compensation under the head of loss of dependency is re-determined as under: Rs.13,750 + 25% X 12 X 13 X 2/3=Rs.17,87,500/- 9. Thus, the claimants would be entitled to modified compensation on the following heads: Particulars Amount (in Rs.) Loss of dependency 17,87,500/- Loss of estate 16,500/- Funeral expenses 16,500/- Loss of consortium (Rs.44,000 X 4) 1,76,000/- Total 19,96,500/- - 10 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 10. Thus, the claimants would be entitled to total compensation of Rs.19,96,500/- as against Rs.21,60,996/- awarded by the Tribunal. 11. The claimants are not entitled to interest on the compensation amount for delay period of 349 days. 12. In the result, this Court proceeds to pass the following: ORDER a) Both the appeals are allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimants would be entitled to total compensation of Rs.19,96,500/- as against Rs.21,60,996/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of claim petition till realization. d) The Insurance Company shall deposit the compensation amount with accrued interest before the Tribunal within a - 11 - HC-KAR NC: 2025:KHC-D:10241-DB MFA No. 105175 of 2024 C/W MFA No. 100755 of 2024 period of six weeks from the date of receipt of certified copy of this judgment. e) The apportionment, deposit and disbursement of enhanced compensation shall be made as per award of the Tribunal. f) It is needless to observe that if the Insurance Company has deposited any excess amount, they are entitled to a refund. g) Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 43