- 1 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1937 OF 2024 (MV- D) BETWEEN: 1. SMT. ANUSUYAMMA C. D/O LATE CHANDRAPPA AND W/O MALLIKARJUNA, AGED ABOUT 44 YEARS, D GROUP EMPLOYEE, 2. SRI KAREHANUMAPPA C S/O LATE CHANDRAPPA AGED ABOUT 42 YEARS, AGRICULTURIST, APPELLANTS NO.1 AND 2 ARE R/O KAREHALLY VILLAGE, MATHODU HOBLI, HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT 3. SMT RADHA D/O LATE CHANDRAPPA AND W/O PARAPPA, AGED ABOUT 40 YEARS, AGRICULTURIST, R/O BANDEGOWDANAPALYA VILLAGE, MATHODU HOBLI, HOSADURGA TALUK - 577 527 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 CHITRADURGA DISTRICT …APPELLANTS (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: 1. SRI. DARSHAN. K. R. S/O RANGANATHASWAMY, AGED ABOUT 25 YEARS, R/O KODAGAVALLY VILLAGE, CHIKKAEMMIGANURU POST, HOLALKERE TALUK - 577 526 CHITRADURGA DISTRICT 2. THE GENERAL MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, REGD OFFICE 2ND FLOOR, DARE HOUSE NO 2, N S C BOSE ROAD, CHENNAI - 600 001 INDIA, …RESPONDENTS (BY THIS MFA IS FILED UNDER SECTION 173(1) OF MV AC, AGAINST THE JUDGMENT AND AWARD DATED 06.12.2023 PASSED IN MVC NO.939/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment and award passed in MVC.No.939/2021 dated 06.12.2023 passed by the Senior Civil Judge and MACT at Hosadurga, whereby the Tribunal had granted the compensation of an amount of Rs.7,65,827/-, the claimants are before this Court seeking enhancement of the compensation. 2. The claim petition is filed under Section 166 of the Motor Vehicles Act, claiming compensation of an amount of Rs.74,50,000 for the death of the deceased in the road traffic accident. 3. The Tribunal had granted compensation as per the table given below : Sl. No. Heads Compensation Awarded 1. Loss of dependency Rs. 6,00,000/- 2. Medical Expenses Rs. 20,827/- 3. Conveyance/traveling expenses Rs. 35,000/- 4. Head Attendance charge Rs. 10,000/- - 4 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 5. Funeral & Obsequies Ceremony Rs. 25,000/- 6. Love and Affection of petitioner Nos.1 to 3 Rs. 75,000/- TOTAL Rs. 7,65,827/- 4. Learned counsel appearing for the claimants submits that the Tribunal has not awarded a reasonable compensation under the heads of loss of consortium and funeral expenses. It is further submitted that the liability has been fixed on the owner of the vehicle as the rider was not having a valid driving licence. It is submitted that in the light of the settled law, even if the rider of the vehicle is not having a valid driving licence, the Insurance Company is liable to pay the compensation to the claimants and recover the same from the owner of the vehicle. 5. Learned counsel appearing for the respondent/Insurance Company submits that the Tribunal has rightly awarded the compensation and both on the liability and on the quantum there are no grounds to interfere. 6. Having heard learned counsels on either side, perused the material on record. There is no dispute with - 5 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 regard to the loss of dependency, medical expenses. Then coming towards incidental expenses, this Court is granting an amount of Rs.45,000/-. Coming to the loss of consortium, as there are three claimants, this Court is granting an amount of Rs.1,32,000/- (3 x 44,000). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. Coming to the aspect of liability, the liability is fixed on the owner of the vehicle on the ground that the driver was not having a valid driving licence. In the light of the law laid down by the Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH AND OTHERS1, the Insurance Company is liable to pay the compensation amount and recover same from the owner of the vehicle. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA VS. M. MALATHI AND ANOTHER2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 1 (2004) 3 SCC 297 2 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 8. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency Rs. 6,00,000/- 6,00,000/- 2. Medical Expenses Rs. 20,827/- 20,827/- 3. Conveyance/traveling expenses/incidental expenses Rs. 35,000/- 45,000/- 4. Head Attendance charge Rs. 10,000/- 00/- 5. Funeral & Obsequies Ceremony Rs. 25,000/- 36,000/- 6. Love and Affection of petitioner Nos.1 to 3 Rs. 75,000/- 1,32,000/- (3 x 44,000) 7. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 7,65,827/- 8,43,827/- 9. Accordingly, the appeal filed by the claimants is partly-allowed by enhancing the compensation from an amount of Rs.7,65,827/- to Rs.8,43,827/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The Insurance Company liable to pay the compensation to the claimant and recover the - 7 - HC-KAR NC: 2025:KHC:44618 MFA No. 1937 of 2024 same from the owner of the vehicle. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the amount as per the award. iii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC CT-SG List No.: 1 Sl No.: 31