- 1 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5057 OF 2021 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 5583 OF 2019 (MV-D) IN MFA No. 5057/2021 BETWEEN: 1. LOKESHA S/O LATE THIMMEGOWDA AGED ABOUT 45 YEARS, R/AT HADENAHALLI VILLAGE SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 2. KUM. NISARGA H.L., D/O LOKESHA AGED ABOUT 16 YEARS, 3. KUM. NEETHU H.L., D/O LOKESHA AGED ABOUT 13 YEARS, APPELLANT NO.2 AND 3 ARE MINORS REPRESENTED BY HER NATURAL GUARDIAN FATHER- LOKESH BOTH ARE R/AT HADENAHALLI VILLAGE SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT. …APPELLANTS (BY SRI. RAJARAMA S., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 AND: 1. LAKSHMEGOWDA AGED- MAJOR, S/O KALEGOWDA R/AT HADENAHALLI VILLAGE SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT. 2. THE REGIONAL MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA SITAPURA, JAIPURA RAJASTHAN-302 022 DIVISIONAL MANAGER SRI RAM GENERAL INSURANCE COMPANY LIMITED NO.45, S C R ARCADE BELLAKAHALLI BENNERGHATTA ROAD BENGALURU - 560 076. …RESPONDENTS (BY SRI.O.MAHESH, ADVOCATE FOR R2 R1- SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2019 PASSED IN MVC NO.969/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, SIT AT CHANNARAYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5583/2019 BETWEEN: THE REGIONAL MANAGER SRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPURA, RAJSTHAN-303 022 BY - 3 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 THE DIVISIONAL MANAGER, SRIRAM GENERAL INSURANCE COMPANY LIMITED, NO.45, S.C.R. ARCADE, BELIKENAHALLI, BANNERGHATTA ROAD, BENGALURU-76 ...APPELLANT (BY SRI. O.MAHESH, ADVOCATE) AND: 1. LOKESHA AGED 43 YEARS, S/O LATE THIMMEGOWDA, R/AT ATHADENHALLI VILLAGE, SHARVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201 2. NISARGA H.L., MINOR, AGE 14 YEARS, D/O LOKESH 3. NEETHU H.L., MINOR, AGE 11 YEARS, D/O LOKESH RESPONDENT NO.2 AND 3 ARE MINORS REPRESENTED BY HER NATURAL GUARDIAN FATHER 1ST RESPONDENT OF LOKESH, ALL ARE R/OF HADENAHALLI VILLAGE, SHARVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201 4. LAKSHMEGOWDA MAJOR, S/O KALEGOWDA, R/AT HADENAHALLI VILLAGE, BARALU POST, SHRAVANABELAGOLA HOBLI, - 4 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 CHANNARAYAPATNA TALUK-573 114 ...RESPONDENTS (BY SRI.RAJARAM SOORYAMBAIL, ADVOCATE FOR R1 R4- SERVED R2 & R3 ARE MINORS REP. BY R1) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2019 PASSED IN MVC NO.969/2018 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), AWARDING COMPENSATION OF RS.17,80,000/-WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.969/2018 dated 13.03.2019 by the 4th Additional District and Sessions Judge, Hassan District (Sit at Channarayapatna), both the Insurance Company as well as the claimants are before this Court. The claimants' appeal is MFA.No.5057/2021 and the Insurance Company's appeal is MFA.No.5583/2019. 2. The claim petition is filed seeking compensation of an amount of Rs.20,00,000/- for the death of the deceased in the accident. The claimants are husband and two children. It is the case of the claimants that the driver of the Tractor drove the - 5 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 same in a rash and negligent manner and rammed standing dried coconut tree while it was reversing as a result of which standing dried coconut tree fell on the deceased and she sustained injury and succumbed to the same at the spot on 03.04.2018 at 9:30 a.m. According to the claimants, the deceased was earning an amount of Rs.30,000/- per month from agriculture and animal husbandry and she was also a home maker. 3. The trial Court had held that the accident had taken place because of the rash and negligent driving of the driver of the offending Tractor. The trial Court had observed that Ex.P7 charge sheet/final report of jurisdictional police shows that the driver of the offending Tractor was charge sheeted for having caused the death of the deceased due to rash and negligent driving of the Tractor in question on material date, time and place with support of allegation that the driver of the Tractor rammed standing dried coconut tree fell on the deceased and deceased died at the spot. Ex.P4 - copy of FIR, Ex.P5 - copy of the FIS, Ex.P6 - copy of the postmortem report, Ex.P9 - copy of inquest panchanama and Ex.P8 - copy of mahazar support the - 6 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 final report of the Police. Unrebuttal medical documents, Ex.P6 - copy of postmortem report shows that she died due to hemorrhage and shock resulted from the head injury and other multiple injuries. Accordingly, the trial Court had held that because of the rash and negligent driving of the driver of the Tractor, the accident had taken place. When it comes to the compensation, trial Court had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 15,00,000/- 2. Loss of consortium : Rs. 40,000/- 3. Loss of estate : Rs. 45,000/- 4. Funeral expenses : Rs. 15,000/- 5. Loss of love and affection : Rs. 1,00,000/- 6. Loss of filial consortium : Rs. 80,000/- TOTAL : Rs. 17,80,000/- 4. Learned counsel appearing for the Insurance Company submits that in the inquest panchnama it is nowhere stated that in the accident, the Tractor is involved and in the inquest panchnama, it is stated that she is a house wife and before the trial Court it is submitted that she is a coolie earning an amount - 7 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 of Rs.30,000/- per month. There is no connection between the two statements and the trial Court ought to have considered her as a housewife. If she is a housewife, question of taking the notional income will not arise. It is submitted that the trial Court had granted interest at 9% p.a. and the same has to be reduced to 6% p.a. It is submitted that on these grounds, the order impugned needs to be interfered by this Court. 5. Learned counsel appearing for the claimants submits the trial Court had failed to take the notional income at Rs.12,500/- as the accident had occurred in the year 2018. It is submitted that the deceased is aged 38 years and the future prospects ought have been taken at 40%. But the trial Court had taken the future prospects at 25%. Even on the other heads also, the compensation that is awarded by the trial Court is not just and reasonable. 6. Having heard the learned counsels on either side, perused the entire material on record. First coming to the contention raised on behalf of the Insurance Company that in the inquest there is no mention about the involvement of the Tractor and also it is stated that she is a housewife. This Court - 8 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 has perused all the documents. The accident had taken place at 09.30 a.m. A report was given in this regard at 03.12 p.m. Immediately after that, she succumbed to the injuries and died at the spot and she was taken to the hospital and a postmortem was conducted. In the inquest report, mere not mentioning about the Tractor cannot be a ground for this Court to take a different stand from that of what has been taken by the trial Court. The trial Court had rightly discussed all these and rightly held that the accident had taken place because of the rash and negligent driving of the driver of the Tractor. Considering Exs.P4, P5, P6, P9 and P8, this Court do not find any reason to take a different view. 7. Coming to the aspect of the income, the trial Court had observed that as per the notification of Government of India through ministry of labour employment, the minimum wage of unskilled labour is to be paid at Rs.350/- per day, when unskilled labour gets Rs.350/- per day, the deceased being member of agricultural family and milk producer could definitely earn more than Rs.10,000/-. Ex.P12 is the card of the milk producer co-operate society and Ex.P11 is the copy of the RTC. These contentions make it very clear that she comes from - 9 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 an agriculture family and it is the contention that the deceased was working as a coolie and also she is supplying milk to the co-operate society. In these circumstances, as the accident had occurred in the year 2018, this Court is inclined to take the income of the deceased at Rs.12,500/-. The deceased was aged 40 years and the future prospects have to be taken at 25% and it would come to Rs.3,125/- and the income is an amount of Rs.15,625/- (Rs.12,500+Rs.3,125). In that, 1/3rd has to be deducted towards the personal expenses i.e., Rs.5,208/-, then the contribution to the family would be an amount of Rs.10,417/-. Hence, towards loss of dependency, this Court is granting an amount of Rs.18,75,060/- (Rs.10,417x12x15). As there are three claimants, under the head of the loss of consortium, this Court is granting an amount of Rs.1,32,000/- (Rs.44,000x3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 10 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimants are entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 15,00,000/- 18,75,060/- 2. Loss of consortium : Rs. 40,000/- 1,32,000/- 3. Loss of estate : Rs. 45,000/- 00/- 4. Funeral expenses : Rs. 15,000/- 36,000/- 5. Loss of love and affection : Rs. 1,00,000/- 00/- 6. Loss of filial consortium : Rs. 80,000/- 00/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 17,80,000/- 20,53,060/- Enhancement : Rs. 2,73,060/- 10. Altogether, the claimants are entitled for compensation of an amount of Rs.20,53,060/-. 1 (2014) 11 SCC 178 - 11 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 11. Accordingly, MFA.No.5057/2021 filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.17,80,000/- to Rs.20,53,060/-. 12. MFA.No.5583/2019 filed by the Insurance Company is partly allowed by reducing the interest from 9% p.a. to 6% p.a. i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The amount in deposit shall be forthwith transferred to the tribunal. iv. 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 entire amount without furnishing any security. v. 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. - 12 - HC-KAR NC: 2025:KHC:35176 MFA No. 5057 of 2021 C/W MFA No. 5583 of 2019 vi. The delay of 268 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest, in case of enhancement. Hence, the Insurance Company is not liable to pay the interest for the delay period. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 14