- 1 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6880/2017 (MV-D) BETWEEN: 1. MANJUNATHA S/O LATE KOLLURAPPA AGED 22 YEARS 2. SATHISHA S/O LATE KOLLURAPPA AGED ABOUT 26 YEARS 3. THIPPAMMA D/O LATE KOLLURAPPA AGED ABOUT 24 YEARS 4. SARASWATHI W/O DHANPAL AGED ABOUT 28 YEARS 5. DEEVAMMA W/O MAHANTHESH AGED ABOUT 33 YEARS 6. SHANKARAPPA S/O LATE KOLLURAPPA, AGED ABOUT 30 YEARS 7. NINGAPPA S/O LATE KOLLURAPPA AGED 30 YEARS 8. THIMMANNA S/O LATE KOLLURAPPA, AGED ABOUT 30 YEARS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 9. PRAKASHAPPA S/O LATE KOLLURAPPA, AGED ABOUT 30 YEARS ALL ARE R/AT KODAPURA VILLAGE, HOLALKERE TALUK 577526 CHITRADURGA DISTRICT. …APPELLANTS (BY SRI. SHASHIDHARA R.,ADVOCATE) AND: 1. LATHEFF KHAN S/O B AMEER KHAN, MAJOR, OWNER OF THE TRAX BEARING NO.KA-64/0687, #36, R/O HUNASEHALLI, SIRA TALUK, TUMAKURU DISTRICT 572137 2. THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO LTD, OPP BAPUJI DENTAL COLLEGE MCC B BLOCK, DAVANAGERE TOWN, DAVANAGERE TQ AND DISTRICT 577001 3. KAKAPPA S/O THIMMAPPA, MAJOR, OWNER OF TRACTRO BEARING NO.KA-17/TB-9592, R/O PALAVANAHALLI HONNALI TALUK, BELAGUTTI HOBLLI HONNALI TALUK, DAVANAGERE DISTRICT PIN 577217 …RESPONDENTS (BY SRI. ASHOK N PATIL.,ADVOCATE FOR R2; R1 AND 2 ARE SERVED) THIS MFA FILED UNDER SECITON 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 06.02.2017 PASSED IN MVC NO.439/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments on both sides. 2. This appeal is filed against the award of the Tribunal in MFA No.439/2016 dated 06.02.2017. Madamma/deceased met with an accident on 06.02.2015 and died subsequently. Her children filed claim petition claiming compensation of Rs.15,00,000/-. Tribunal considering the entire evidence on record, granted an amount of Rs.1,65,000/- with interest at the rate of 6% per annum from date of petition till realization. Aggrieved by the said judgment and award, the appellants preferred this appeal and mainly contented that the Tribunal granted meager amount under other heads and Madamma was earning more than Rs.2,50,000/- per annum by doing agriculture. It is further stated that it is composite negligence of two vehicles. Madamma was travelling in Toofan Trax bearing registration No.KA.64/0687 and the said vehicle was validly insured with respondent No.2 and the driver of the said Trax is also having valid and effective driving licence and the Tribunal has to direct respondent No.2-Insurance Company to pay the amount and they are at liberty to recover 50% of the - 4 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 compensation from the other side. It is further stated that the appellants are at liberty to recover from any one of the joint tortfessors, in a case of composite negligence and they also seek for enhancement of the compensation. 3. This appeal is filed against the owner and the insurer of Toofan Trax vehicle and also owner of the Tractor and the owner of the Tractor has no insurance policy. 4. Though it is stated that Madamma was earning more than Rs.2,50,000/- per annum, they have not filed any income proof. As she met with accident in the year 2015, her notional income is to Rs.9,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 70 years at the time of accident as per the postmortem, therefore, the multiplier is '5'. There are dependents 9 in number are her children, therefore 1/5th has to be deducted towards her personal expenses. She is not entitled for any future prospects. Therefore, 'loss of dependency' comes to Rs.4,32,000/-(Rs.9,000 x 12 x 5 -1/5th). The deceased had nine children and each of them are entitled for an amount of Rs.3,60,000/-(Rs.40,000 x 9) towards parental consortium and apart from that, they are entitled for Rs.30,000/- towards - 5 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 under the conventional heads. Thus, in all components awarded by this Court are as below: Sl. No. Particulars Amount (Rs.) 1. Loss of dependency 4,32,000/- 2. Consortium 3,60,000/- 3. Conventional head 30,000/- Total 8,22,000/- Tribunal awarded 1,65,000/- Enhanced amount 6,57,000/- 5. The Tribunal observed that it is a case of composite negligence and thus, directed the owners of both the vehicles to deposit amount at the rate of 50% by each of them. The driver of Toofan Trax was having LMV driving licence and it is permissible for driving the Toofan Trax vehicle and as such respondent No.1 has to be indemnified by respondent No.2. 6. As per the judgment in Khenyei Vs. New India Assurance Comapany Limited and others1, in a case of composite negligence, the claimants are at liberty to file claim petition against anyone of the joint tortfeasors. In this case, 1 (2015) 9 SCC 273 - 6 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 the owner of the Tractor has no insurance and as such respondent No.2 is directed to deposit the entire compensation of Rs.8,22,000/- with interest at the rate of 6% and respondent No.2 is at liberty to recover 50% of the compensation from respondent No.3 owner of the Tractor. In the result, I pass the following: O R D E R i. Miscellaneous First Appeal allowed in-part. ii. Judgment and award dated 06.02.2017 passed in M.V.C. No.439/2016 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal at Holalkere is modified; iii. The appellants-claimants are entitled for compensation of Rs.8,22,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realisation; iv. The respondent No.2-Insurance Company is directed to deposit the compensation of Rs.8,22,000/- with interest at the rate of 6% per annum within one month from the date of this order; - 7 - HC-KAR NC: 2026:KHC:11306 MFA No. 6880/2017 v. Respondent No.2 is at liberty to recover 50% of the compensation from respondent No.3 owner of the Tractor by due process of law; v. On such deposit, the appellants-claimants are permitted to withdraw the entire amount along with interest accrued on the same; Sd/- (P SREE SUDHA) JUDGE PKN List No.: 1 Sl No.: 71