- 1 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.103698/2024 C/W MISCELLANEOUS FIRST APPEAL NO.100868/2025 (MV-D) IN MISCELLANEOUS FIRST APPEAL NO.103698/ 2024 BETWEEN: THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, PHARALE BUILDING, KC ROAD, NEAR PRABHAKAR TALKIES, CHIKKODI, DIST. BELAGAVI, REPRESENTED THROUGH ITS, DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, PB NO.1568, SITA SMRUTI, 2ND FLOOR, MARUTI GALLI, BELAGAVI.REP. BY ITS SENIOR DIVISIONAL MANAGER, - APPELLANT (BY SRI. N.R. KUPPELUR, ADVOCATE) AND: 1. SHRI. LAGAMA S/O. LAXMAN NIPPANI, AGE 58 YEARS, OCC. NIL, R/O. JAINAPUR, TQ. CHIKKODI, DIST. BELAGAVI-590001. 2. SMT. BHIMAVVA W/O. LAGAMA NIPPANI, AGE 49 YEARS, OCC. NIL, R/O. JAINAPUR, TQ. CHIKKODI, DIST. BELAGAVI-590001. 3. SHRI. SADASHIV S/O. MALLAPPA MAGADUMMA, AGE 49 YEARS, OCC. AGRICULTURE, R/O. JAINAPUR, TQ. CHIKKODI, DIST. BELAGAVI-590001. (OWNER OF THE MOTOR CYCLE BEARING NO.KA23/EL0939) - RESPONDENTS (BY SRI. SANTOSH S.HATTIKATAGI, ADVOCATE FOR R1 AND R2; NOTICE TO R3 IS SERVED) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF M.V. ACT, 1988, PRAYING TO SET ASIDE THE AWARD DATED 08.05.2024 PASSED IN M.V.C. NO. 1612/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIKODI, & ETC. IN MISCELLANEOUS FIRST APPEAL NO.100868/2025 BETWEEN: 1. SHRI. LAGAMA S/O LAXMAN NIPPANI, AGE 59 YEARS, OCC. NIL, R/O. JAINAPUR, TQ. CHIKODI, DIST. BELAGAVI-591037. 2. SMT. BHIMAVVA W/O. LAGAMA NIPPANI, AGE 54 YEARS, OCC NIL, R/O. JAINAPUR, TQ. CHIKODI, DIST. BELAGAVI-591307. - APPELLANTS (BY SRI. SANTOSH S.HATTIKATAGI, ADVOCATE) AND: 1. SHRI. SADASHIV S/O. MALLAPPA MAGADUMMA, AGE 54 YEARS, OCC AGRICULTURE, R/O. JAINAPUR, TQ. CHIKODI, DIST. BELAGAVI-591307. 2. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., PHARALE BUILDING, K.C. ROAD, NEAR PRABHAKAR, TALKIES, CHIKODI, TQ. CHIKODI, DIST. BELAGAVI-580002. - RESPONDENTS (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173 (1) OF M.V. ACT, 1988, PRAYING TO, MODIFY THE JUDGMENT AND AWARD DATED 08.05.2024 PASSED IN MVC NO.1612/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, CHIKKODI, BY ENHANCING THE COMPENSATION& ETC. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment and award dated 08.05.2024 passed in M.V.C. No. 1612/2020 by the learned Principal Civil Judge and Addl. MACT, Chikodi (for short, the ‘Tribunal’), the Insurance Company as well as the claimants are before this Court. M.F.A. No. 103698/2024 is filed by the Insurance Company challenging liability the quantum of compensation. M.F.A. No. 100868/2025 is filed by the claimants seeking enhancement of compensation. 2. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the death of Sri Shivappa Lagama Nippani in the accident. 3. It is a case of the claimants that on 20.09.2017 at about 05.00 p.m. the son of the petitioners met with an accident when he along with his friend is proceeding on a motorcycle. The rider of the motorcycle has dashed the vehicle from the back side by riding it in a dash and dash manner. It is their case that deceased was working as an agriculturalist and earning an - 4 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 amount Rs.15,000/- per month. The Tribunal when it comes to the issue of negligence has held that the FIR and charge sheet indicate that the rider of the offending vehicle had dashed the deceased from back side. The deceased had sustained fatal injuries on his body and died on the spot, a close reading of the charge sheet indicates that the accident in question had occurred due to the rash and negligent riding of the rider of the offending two wheeler. 4. It is the contention of the insurance company that the accident in question had occurred due to the negligent riding of the two wheeler by the deceased himself. However, material on record, i.e. copy of the FIR and charge sheet clearly indicate that the accident had occurred due to the rash and negligent riding of the rider of the offending two wheeler. The Tribunal also observed that the claimants have to establish their case on the touchstone of preponderance of probability and there cannot be a burden of proof beyond reasonable doubt. The Tribunal also gave a finding that there is no material to hold that the deceased had contributed to the accident and accordingly held that the owner and the insurer of the offending vehicle are liable to pay - 5 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 the compensation. When it comes to the compensation, the Tribunal had granted the compensation as per the table given below. Head Amount awarded Loss of dependency 15,13,512.00 Loss of consortium 40,000.00 Loss of estate 15,000.00 Funeral and obsequies 20,000.00 Transportation 5,000.00 Total 15,93,512.00 5. The learned counsel appearing for the insurance company submits that the Tribunal had failed to consider the contributory negligence on the part of the deceased. It is submitted that the deceased was not having a valid driving licence and in fact a crime is registered against the owner of the said vehicle for handing over the vehicle to a person who is not having a valid driving licence. It is submitted that the Tribunal ought to have fixed the contributory negligence on the deceased. 6. Learned counsel appearing for the claimants submits that, it is the case of the claimants that deceased was earning - 6 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 Rs.15,000/- per month. The Tribunal had taken the income only at Rs.10,010/-. It is submitted that as per the chart prepared by the Karnataka State Legal Services Authority as this accident had taken place in the year 2017, Rs.10,250/- ought to have been taken as income. It is submitted that on that count the compensation needs to be enhanced. 7. Having heard the learned counsels on either side, perused the material on record. First coming to the contention of the insurance company with regard to the contributory negligence on the part of the deceased is concerned the burden lies on the party to prove, who asserts or who claims contributory negligence. It is the case of the insurance company that there is a contributory negligence. The evidence on record clearly reveals that no evidence is adduced by the insurance company in that regard. The Tribunal had rightly held that claimants have to establish their case on the touchstone of preponderance of probability and there cannot be a burden of proof beyond reasonable doubt. In those circumstances, this Court do not find any reason to interfere with the order passed by the Tribunal On the ground of liability. - 7 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 8. Then coming to the enhancement of compensation, it is the case of the claimants that the deceased was earning an amount of Rs.15,000/- per month. No doubt, though no evidence is adduced before the court, with regard to income, considering the chart prepared by the Karnataka State Legal Services Authority, as this accident had occurred in the year 2017, this court is taking the notional income of the deceased at Rs.10,250/-. As the deceased was aged about 24 years, future prospects at 40% would come to Rs.4,100/-, i.e. his income would be Rs.14,350/- (Rs.10,250/- + Rs.4,100/-). As he was a bachelor, 50% has to be deducted towards the personal expenses. This Court is granting an amount of Rs.15,49,800/- i.e. (Rs.7,175/-x12x18) towards loss of dependency. Then coming to loss of consortium this Court is granting an amount of Rs.88,000/- (Rs.44,000/- x 2). Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 9. 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, 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 10. The claimants are therefore entitled for the compensation under the following heads: Sl. No. Particulars Award of Tribunal Award of High Court 1. Loss of dependency 15,13,512.00 15,49,800.00 2. Loss of consortium 40,000.00 88,000.00 3. Funeral and obsequies 20,000.00 36,000.00 4. Loss of estate 15,000.00 - 5. Transportation 5,000.00 - 6. Legal expenses - 10,000.00 Total 15,93,512.00 16,83,800.00 11. Altogether the claimants are entitled for an amount of Rs.16,83,800/-. 12. Accordingly the appeal filed by the insurance company, in M.F.A. No. 103698/2024 is dismissed. 13. Accordingly the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.15,93,512/- to Rs.16,83,800/-. - 9 - HC-KAR NC: 2026:KHC-D:240 MFA No. 103698 of 2024 C/W MFA No. 100868 of 2025 (i) The enhanced amount shall carry 6% interest, however the claimants are not entitled for interest for the delay of 187 days in filing the appeal. (ii) The apportionment of the amount shall be as per the order passed by the Tribunal. (iii) The amount in deposit shall be transmitted to the Tribunal forthwith along with the copy of the judgment. (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. (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. (vi) No costs. (vi) Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 8