- 1 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 201252 OF 2024 (MV-D) BETWEEN: 1. NILAM W/O SATYAJIT GHADAGE AGE: 34 YEARS, OCC: HOUSEHOLD WORK, 2. SURYA SATYAJIT GHADAGE AGE: 06 YEARS, OCC: NIL, 3. ANUJ SATYAJIT GHADAGE AGE: 01 YEARS 11 MONTHS, OCC: NIL SINCE APPELLANTS 2 AND 3 ARE MINORS REPTD. BY THEIR NATURAL MOTHER APPELLANT NO.1 4. BABURAO NAMADEO GHADAGE AGE: 66 YEARS, OCC: NIL, 5. CHANDRAKALA W/O BABURAO GHADAGE AGE: 63 YEARS, OCC: HOUSEHOLD WORK, ALL ARE RESIDING AT SANGRAM NAGAR, AKLUJ, MALSHIRAS, TQ. & DIST. SOLAPUR (MAHARASHTRA STATE) NOW AT BHAVASARNAGAR, VIJAYAPURA – 585103. …APPELLANTS (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADV.) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 AND: 1. SANJAY MAHADEV AUTADE AGE: MAJOR, OCC: BUSINESS, R/O KHANDOBA GALLI, MANGALVEDHE TQ. MANGALVEDHE DIST. SOLAPUR – 413305 (MAHARASHTRA STATE) 2. THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO. LTD., SANGAM BUILDING, S S FRONT ROAD, VIJAYAPURA – 586101. …RESPONDENTS (BY SRI MANVENDRA REDDY, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 20.11.2023 PASSED IN MVC NO.139/2022 ON THE FILE OF THE COURT II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VII VIJAYAPURA AT VIJAYAPURA AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF Rs.79,16,200/- ONLY AS CLAIMED BY THE APPELLANTS BEFORE THIS HON’BLE COURT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimants seeking for enhancement of compensation, as against the judgment and award dated 20.11.2023 passed in MVC.No.139/2022 by the II Additional Senior Civil Judge and Member, MACT- VII, Vijayapura (hereinafter referred as ‘Tribunal’). 2. Sri. Koujalagi Chandrakant Laxman, learned counsel appearing for the appellants-claimants submits that this appeal is filed only to the extent of non- consideration of consortium to all the claimants as per the law laid down by Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanuram alias Chuhru Ram & others1. It is submitted that the claimants are wife, children and parents of the deceased. Hence, each of them are entitled to a compensation for loss of consortium at Rs.40,000/- each. Hence, he seeks 1 (2018) 18 SCC 130 - 4 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 to allow the appeal by modifying the impugned judgment and award passed by the Tribunal. 3. Per contra, Sri. Manvendra Reddy, learned counsel appearing for the respondent – Insurance Company supports the impugned judgment and award passed by the Tribunal and submits that the Tribunal by perusing the evidence on record and considering the various judgments on the point, has awarded just compensation which does not call for any interference for enhancement of compensation. Hence, he seeks to dismiss the appeal. 4. We have heard the arguments of the learned counsel for the appellants – claimants, learned counsel for the respondent – insurance company, perused the material available on record and meticulously considered the contentions advanced. The only point that arises for our consideration in this appeal is as under: - 5 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 “Whether all the appellants-claimants are entitled to a compensation for loss of consortium at Rs.40,000/- each as sought in the appeal?” 5. The parties to the proceedings do not dispute that due to the road accident dated 30.11.2021, the husband of appellant No.1 sustained grievous injuries and succumbed to those injuries. The deceased was aged about 36 years at the time of accident and the claimants are the wife, children and parents of the deceased. It is claimed that the deceased was earning Rs.30,000/- per month due to his avocation. The Tribunal considering the income of the deceased at Rs.14,250/- added 40% towards future prospects and awarded Rs.26,93,340/- under the head of loss of dependency and after making appropriate additions under other heads and deducting 25% for contributory negligence, the Tribunal awarded the compensation at Rs.20,83,800/-. - 6 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 6. The only dispute in this appeal is with regard to the entitlement of consortium to each of the claimants. The issue is no more res integra. The Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanuram alias Chuhru Ram & others referred supra, has held that the claimants are entitled to a loss of consortium at Rs.40,000/- each. Considering the same, we are of the considered view that each of the claimants are entitled to a compensation for loss of consortium at Rs.40,000/-, in total Rs.2,00,000/- as against Rs.55,000/- under the head of loss of consortium and loss of love and affection awarded by the Tribunal. In view of the same, the impugned judgment and award passed by the Tribunal is modified to the aforesaid extent and the re-assessed compensation is as under: Description Amount in Rs. Loss of dependency 26,93,340/- Loss of consortium (40,000 x 5) 2,00,000/- - 7 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 Conventional head 30,000/- Total 29,23,340/- (Less) Contributory negligence at 25% 7,30,835/- Total compensation 21,92,505/- Award of the Tribunal 20,83,800/- Enhanced Amount 1,08,705/- 7. Thus, the claimants are entitled to a total compensation of Rs.21,92,505/- as against Rs.20,83,800/- awarded by the Tribunal. Hence, the claimants are entitled for enhanced compensation of Rs.1,08,705/- with interest @ 6% per annum. Insofar as other findings of the Tribunal is concerned, the same are up held and remain unaltered. 8. In the result, we proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 20.11.2023 passed in MVC.No.139/2022 is modified. - 8 - NC: 2025:KHC-K:2397-DB MFA No. 201252 of 2024 (iii) The appellants-claimants are entitled for enhanced compensation of Rs.1,08,705/- (iv) The appellants-claimants are entitled for interest at the rate of 6% p.a. on the compensation amount from the date of petition till the date of realization. (v) The respondent - insurance company shall deposit the compensation amount before the Tribunal within a period of eight weeks. The amount in deposit shall be transmitted to the concerned Tribunal. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 36 CT: PS