- 1 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.2322 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.2333 OF 2021 (MV-D) IN MFA No. 2322/2021: BETWEEN: CHANNABASAVAIAH S/O SHIVANNA, NOW AGED ABOUT 25 YEARS, R/O KENKARE VILLAGE HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572 214. …APPELLANT (BY SRI. MANJEGOWDA B.V., ADVOCATE FOR SRI.CHANDRASHEKARA K.A., ADVOCATE) AND: 1. THE NATIONAL INSURANCE CO.LTD., PARWAL BUILDING, NO.921/892 1A/2 SIDDESHWARA CROSS ROAD, BIJAPUR, KARNATAKA -586 101. REPRESENTED BY ITS MANGER. 2. MALLAPPA BIRADAR S/O HANUMANTH MALLAPPA BIRADAR, MAJOR IN AGE, R/O SHIRAKANAHALLY VILLAGE, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 INDI TALUK, BIJAPUR DIST-586 209. DEAD BY LR PRAKASH BIRADAR, S/O SHIRAKANAHALLY VILLAGE, INDI TALUK, VIJAYAPURA, KARNATAKA -586 209. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R1, VIDE ORDER DATED 21.10.2022, NOTICE TO R2 IS DISPENSED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.10.2019 PASSED IN MVC NO.573/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, XIX MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2333/2021: BETWEEN: GANGAMMA W/O THIMMAIAH, NOW AGED ABOUT 41 YEARS, R/O KENKARE VILLAGE, HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DIST-572 214. ...APPELLANT (BY SRI. MANJEGOWDA B.V., ADVOCATE FOR SRI. CHANDRASHEKARA K.A.,ADVOCATE) AND: 1. THE NATIONAL INSURANCE CO. LTD. PARWAL BUILDING, NO.921/892/1A/2 - 3 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 SIDDESHWARA CROSS ROAD, BIJAPUR, KARNATAKA -586 101. REPRESENTED BY ITS MANAGER. 2. MALLAPPA BIRADAR S/O HANUMANTH MALLAPPA BIRADAR, MAJOR IN AGE, R/O SHIRAKANAHALLY VILLAGE, INDI TALUK, BIJAPUR DIST-586 209. DEAD BY LR PRAKASH BIRADAR S/O SHIRAKANAHALLY VILLAGE, INDI TALUK, VIJAYAPURA, KARNATAKA-586 209. ...RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R1, VIDE ORDER DATED 22.03.2022, NOTICE TO R2 IS DISPENSED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.10.2019 PASSED IN MVC NO.572/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, XIX MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 4 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 ORAL JUDGMENT Both these appeals arises out of the common judgment and award dated 17.10.2019 passed by the learned Senior Civil Judge and JMFC and XIX MACT, Chikkanayakanahalli in MVC.No.572/2016 and 573/2016 for enhancement of compensation. Claimant in MVC.No.572/2016 filed MFA.No.2333/2021 and claimant in MVC.No.573/2016 filed MFA.No.2322/2021. They are taken up together. 2. These matters are slated for admission and with the consent of both the parties, the matters are taken up for final disposal. 3. The parties are referred to as per their ranking before the Tribunal. 4. The case of the claimants is that on 28.12.2015 at about 2.00 p.m., the deceased Kotresh and injured Channabasavaiah while going on a motor cycle bearing registration No.KA-44-K-1769 on Hiriyur-Huliyar road, they met with an accident due to rash and negligent driving of a lorry bearing registration No.MH-19-6121. As a result, - 5 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 Channabasavaiah sustained grievous injuries i.e. fracture of femur and other injuries. Kotresh sustained fatal injuries and succumbed to the said injuries. With these reasons, claimant as well as mother of the deceased Kotresh filed the above said claim petition for compensation. 5. The respondent No.1 was the insurer and respondent No.2 was the owner of the offending lorry. Respondent No.2 remained ex parte before the Tribunal. Respondent No.1 filed its written statement denying the contentions of the claim petitioner and also denied its liability to pay the compensation. 6. From the rival contentions of the parties, the Tribunal framed necessary issues. 7. Fact of the accident and death of Kotresh in the accident and claimant Channabasavaiah sustained injuries in the accident are not seriously disputed. There is no need to reconsider the same. - 6 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 8. The Tribunal on appreciation of the evidence available on record, awarded total compensation of Rs.11,50,000/- in MFA.No.572/2016 and Rs.3,33,265/- to the claimant in MFA.No.573/2016 by the impugned judgment and award. Dissatisfied with the quantum of amount awarded by the Tribunal, claimants in both the cases preferred these appeal. 9. I have heard the arguments and perused the materials available on record. 10. On re-appreciation of the material, the amount of compensation awarded in MFA.Nos.573/2016 in MFA.No.2322/2021 is inadequate under some of the heads, which requires enhancement and no compensation is awarded under some of the heads, which requires to be awarded. 11. Similarly, in MFA.No.2333/2021 (MVC.No.572/2016), the amount of compensation under head of loss of dependency is on the lower side and amount awarded under the conventional head i.e. loss of consortium - 7 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 and funeral expenses are on higher side and no amount of compensation is awarded under the head loss of estate, which are to be reconsidered and recalculated. 12. On re-appreciation of the materials, the claimant in MFA.No.2322/2021 (MVC.No.573/2016) is entitled for following amount of compensation: Particulars Amount in (Rs.) Pain and sufferings 40,000 Medical expenses 65,665 Future earning capacity due to permanent disability (Rs.10,000x12x18x11%) 2,37,600 Loss of income during laid up period (10,000x4) 40,000 Attendance charges, special diet, conveyance allowance 25,000 Loss of amenities 30,000 Total 4,38,265 Awarded by the Tribunal 3,33,265 Enhancement Rs.1,05,000/- The claimant is entitled to enhancement of Rs.1,05,000/- with interest at the rate of 6% per annum. - 8 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 IN MFA.No.2333/2021 13. The Tribunal has not added future prospects. The deceased was aged about 20 years at the time of accident. Therefore, as held in the case of National Insurance Company Limited vs. Pranay Sethi, future prospects of 40% has to be added to the income of the deceased and remaining calculation do not call for interference. The Tribunal has awarded Rs.20,000/- towards funeral expenses and Rs.15,000/- towards 'loss of consortium', which is to be recalculated. 14. Accordingly, the claimant is entitled for following amount of compensation: Particulars Amount in (Rs.) Loss of dependency (Rs.1,20,000+40%x18x50%) 15,12,000 Loss of consortium 40,000 Funeral expenses 15,000 Loss of estate 15,000 Total 15,82,000 Awarded by the Tribunal 11,50,000 Enhancement 4,32,000 - 9 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 The claimant is entitled for interest @ 6% per annum on the enhanced amount of compensation. 15. Accordingly, I proceed to pass the following: ORDER i. MFA.No.2322/2021 and MFA.No.2333/2021 are partly allowed. ii. The impugned judgment and award dated 17.10.2019 passed by the Senior Civil Judge and JMFC and XIX MACT, Chikkanayakanahalli in MVC.Nos.572/2016 and 573/2016 is modified. iii. The claimant in MVC.No.572/2016 is entitled to enhancement of Rs.4,32,000/- with interest @ 6% per annum from the date of the petition till its realization. iv. The claimant in MVC.No.573/2016 is entitled to enhancement of Rs.1,05,000/- with interest @ 6% per annum from the date of the petition till its realization. iv. Respondent - insurance company shall deposit the said amount within a period of six weeks from the date of the award. - 10 - HC-KAR NC: 2025:KHC:46799 MFA No. 2322 of 2021 C/W MFA No. 2333 of 2021 v. Remaining portion of the award of Tribunal are not disturbed. Registry is directed to send the copy of this judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 31