- 1 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100951 OF 2023 C/W MISCELLANEOUS FIRST APPEAL NO.102085 OF 2022 (MV-D) IN MISCELLANEOUS FIRST APPEAL NO.100951 OF 2023 BETWEEN: 1. K. VENKATA RAMANA, W/O. LATE K. SUBBARAYADU, AGED ABOUT 48 YEARS, OCC. HOUSEWIFE, 2. K. SREEKANTH S/O. LATE K. SUBBARAYADU, AGED ABOUT 30 YEARS, K. SUBBA RAO S/O. LATE K. RAGHUVULU, PETITIONER NO.3 DIED ON 09.05.2022 AND DEATH CERTIFICATE IS ENCLOSED ALONG WITH THIS APPEAL SMT. RAMATHREETAM W/O. K. SUBBA RAO, PETITIONER NO.4 DIED ON 30.05.2022 AND DEATH CERTIFICATE IS ENCLOSED ALONG WITH THIS APPEAL, ALL ARE R/O. THIMMASAMUDRAM VILLAGE, NAGULAPDU MANDALAM, PRAKASAM DISTRICT, NOW R/O. WARD NO.5, MUNDRIGI, BENGALURU ROAD, BALLARI-583101. - APPELLANTS (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 AND: 1. K. THIMMA RAJU S/O. KOLLARAPPA, AGED ABOUT 28 YEARS, DRIVER OF THE BOLERO CAR BEARING NO.KA-16/G-0524, R/O. NANNIWALA VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. 2. THE RANGE FOREST OFFICER, HOSADURGA RANGE, CHITRADURGA DISTRICT-577522, OWNER OF THE BOLERO CAR BEARING NO.KA-16/G-0524. 3. THE DIRECTOR, KARNATAKA GOVERNMENT INSURANCE DEPARTMENT, MOTOR BRANCH, BENGALURU-560001. - RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R2 AND R3; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 12.11.2019 PASSED IN MVC NO.11/2015 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI &ETC.,. IN MISCELLANEOUS FIRST APPEAL NO.102085 OF 2022 BETWEEN THE DIRECTOR, KARNATAKA GOVERNMENT INSURANCE DEPARTMENT, MOTOR BRANCH, BENGALURU-560001. - APPELLANT (BY SMT. GIRIJA S.HIREMATH, HCGP) AND - 3 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 1. K VENKATA RAMANA W/O. LATE K. SUBBARAYUDU, AGED ABOUT 45 YEARS, 2. K. SREEKANTH S/O. LATE K. SUBBARAYUDU, AGED ABOUT 27 YEARS, 3. K. SUBBA RAO S/O. LATE K. RAGHUVULU, AGE ABOUT 82 YEARS, 4. SMT. RAMATHREETAM W/O. K. SUBBA RAO, AGED ABOUT 77 YEARS, ALL ARE R/O. THIMMASAMUDRAM VILLAGE, NAGULAPDU MANDALAM, PRAKASAM DISTRICT, NOW RESIDING AT WARD NO.5, MUNDRIGI, BENGALURU ROAD, BALLARI-583275. 5. K. THIMMA RAJU S/O. KOLLARAPPA, AGE ABOUT 25 YEARS, DRIVER OF THE BOLERO CAR, BEARING NO.KA.16/G-0524, R/O. NANNIWAL VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. 6. THE RANGE FOREST OFFICER, HOSADURGA RANGE, CHITRADURGA DISTRICT-577527, OWNER OF THE BOLERO CAR, BEARING NO.KA.16/G-524 - RESPONDENTS (BY SRI. Y.LAKSHMIKANT REDDY, ADVOCATE FOR R1 AND R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 12.11.2019 PASSED IN M.V.C. NO.11/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, BALLARI & ETC. - 4 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C. No. 11/2015 dated 12.11.2019 by the learned I Addl. Sr. Civil Judge and Member, MACT-V, Ballari, the claimants as well as the Karnataka Government Insurance Department (for short, ‘KGID’) are before this Court. The appeal filed by the claimants is M.F.A. No. 100951/2023 seeking enhancement of compensation and the appeal filed by the KGID is M.F.A. No. 102085/2022 challenging the liability fastened on them. 2. The claim petition is filed by the claimants (wife, son, father and mother of the deceased) claiming compensation of an amount of Rs. 1 crore for the death of the deceased in the motor accident that took place on 16.10.2014 at about 3.00 pm. 3. It is the case of the claimants that on 16.10.2014 at about 3.00 p.m. the son of the claimants No.3 and 4 was proceeding along with another person. At that time the respondent No.1 being the driver of the Bolero Car came from the opposite - 5 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 direction in a rash and negligent manner and dashed the motorcycle, as a result, both the rider and the pillion rider fell down on the road and sustained fatal injuries all over the body. It is their case that deceased was earning Rs.4,50,000/- p.a. The Tribunal had granted compensation amount as per the table given below. 1. Loss of dependency 7,56,000.00 2. Loss of consortium 10,000.00 3. Loss of estate 10,000.00 4. Funeral expenses 10,000.00 Total 7,86,000.00 4. When it comes to the liability, it is their case that the offending vehicle is insured by KGID and the policy of insurance was in force from 22.12.2014 to 21.12.2015. The date of accident is 16.10.2014. The offending vehicle belongs to the Forest Department. It is the contention of the KGID that as on the date of accident there was no insurance subsisting and as such they are not liable to pay compensation. The Tribunal had considered the order that is passed in M.V.C. No. 118/2015 that is in respect of the pillion rider. The Tribunal has held that both the KGID and the Forest Department are jointly and severally - 6 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 liable. As such, the Tribunal has held that even in this case also both of them are jointly and severally liable. 5. Learned counsel appearing for the claimants submits that this accident had taken place in the year 2014. As per the notional income fixed by the Karnataka State Legal Services Authority, the income ought to have been taken at Rs.7,500/- per month. Considering the age of the claimant i.e. 45 as on the date of accident, 25% of the monthly income of the deceased has to be added towards future prospects. The Tribunal had failed to consider the same. Further, under the head of ‘loss of consortium’ and ‘funeral expenses’ the compensation that was awarded by the Tribunal is not just and reasonable. It is submitted that on all the counts the compensation needs to be enhanced. It is also submitted that with regard to the liability the Tribunal has rightly held that both the KGID and the Forest Department are jointly and severally liable and there is no ground to interfere. 6. Learned counsel appearing for the appellant in M.F.A. No. 102085/2022 submits that as on the date of accident there is no subsisting insurance policy as well as the question of fastening - 7 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 liability on the KGID is without any basis. It is submitted that the vehicle belongs to the Forest Department. The Forest Department alone is liable to pay the compensation. It is submitted that the Tribunal had rightly considered and granted compensation and there are no grounds to enhance the compensation. 7. Having heard the learned counsels on either side, perused the material on record. Both KGID and the Forest Department are the Government Departments. Admittedly there is no policy of insurance as on the date of the accident. Hence, as the vehicle belongs to the Forest Department, it alone is liable to pay the compensation. Then coming to the enhancement of compensation, the accident had occurred in the year 2014. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income has to be taken at Rs.7,500/- per month. As the deceased was aged about 45 years, hence 25% of the assessed income is to be adopted towards ‘future prospects’, would come to Rs.1,875/-. Hence the total monthly income is Rs.9,375/- (Rs.7,500/- + Rs.1,875/-). As there are four claimants, 1/4th of the monthly income has to be deducted - 8 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 towards personal expenses which comes to Rs.2,343/-. Thus contribution to the family is Rs.7,032/- (Rs.9,375/- - Rs2,342/-). The relevant multiplier is ‘14’. Then under the head of ‘loss of future income’ the claimants are entitled for an amount of Rs.11,81,376/- (Rs.7,032/- x 12 x 14). Towards loss of consortium this Court is granting an amount of Rs.1,76,000/- (Rs.44,000/- x 4). 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 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. Altogether the claimants are entitled for a total compensation of an amount of Rs.14,03,376/- 10. The claimants are therefore entitled for the compensation under the following heads: 1 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 Sl. No. Particulars Award of Tribunal Award of High Court 1. Loss of dependency 7,56,000.00 11,81,376.00 2. Loss of consortium 10,000.00 1,76,000.00 3. Funeral expenses and loss of estate 20,000.00 36,000.00 4. Legal expenses - 10,000.00 Total 7,86,000.00 14,03,376.00 11. The liability to pay compensation is fixed on the Forest Department, i.e. respondent No.6. The enhanced compensation shall carry interest at 6% p.a. Since the parents of the deceased, i.e., claimants No.3 and 4, are no more, the entire compensation amount shall be apportioned amongst the claimants No.1 and 2, who are wife and son of the deceased. 12. Accordingly, M.F.A. No. 100951/2023 filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.7,86,000/- to Rs.14,03,376/-. 13. M.F.A. No. 102085/2022 filed by the KGID is allowed holding that the Forest Department is liable to pay the compensation. i. The enhanced compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization, however the claimants are - 10 - HC-KAR NC: 2026:KHC-D:159 MFA No. 100951 of 2023 C/W MFA No. 102085 of 2022 not entitled for interest for the delay of 380 days caused in filing the appeal. ii. The claimants, i.e., wife and son of the deceased, are entitled to the entire amount in equal proportion. iii. Apportionment, i.e., deposit and release, shall be as per the order passed by the Tribunal. iv. The Forest Department shall deposit the amount within eight weeks from the date of receipt of copy of the judgment. v. The KGID is at liberty to withdraw the amount in deposit. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. viii. 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. Sd/- JUSTICE LALITHA KANNEGANTI BVV/ CT: UMD List No.: 1 Sl No.: 8