- 1 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 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.104548 OF 2023 (MV-D) BETWEEN: 1. SMT. MAYAWWA W/O. RAJU PUJERI, AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O. JODATTI, TQ. CHIKODI, DIST. BELAGAVI-591307. 2. KUM. BASAVARAJ S/O. RAJU PUJERI, AGE. 19 YERS, OCC. STUDENT, R/O. JODATTI, TQ. CHIKODI, DIST. BELAGAVI-591307. 3. KUM. SHAILA D/O. RAJU PUJERI, AGE. 17 YEARS, OCC. STUDENT, R/O. JODATTI, TQ. CHIKODI, DIST. BELAGAVI-591307. 4. KUM. MARUTI S/O. RAJU PUJERI, AGE. 15 YEARS, OCC. STUDENT, R/O. JODATTI, TQ. CHIKODI, DIST. BELAGAVI-591307. 5. SMT. KALLAWWA W/O. RAMAPPA PUJERI, AGE. 59 YEARS, OCC. HOUSEHOLD WORK, R/O. JODATTI, TQ. CHIKODI, DIST. BELAGAVI-591307. …APPELLANTS (BY SRI. SANTOSH B.RAWOOT, ADVOCATE) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 AND: 1. SHRI. SHIVAPPA @ LAXMAN S/O. LALU SOUDE, AGE. 45 YEARS, OCC. BUSINESS, R/O. MEERAPURHATTI, TQ. GOKAK, DIST. BELAGAVI-591307. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, BELAGAVI-591307. …RESPONDENTS (BY SRI. SANTOSH S.HATTIKATAGI, ADVOCATE FOR R1; SRI. RAVINDRA R.MANE, ADV. FOR R2(APPEARED THROUGH VC) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, SET ASIDE THE JUDGMENT AND AWARD DATED 01.07.2023 PASSED IN MVC NO.2572/2014 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, SITTING AT CHIKKODI, BY ALLOWING THIS APPEAL BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION AND BY FIXING THE ENTIRE LIABILITY ON THE RESPONDENT NO.2 HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award dated 01.07.2023 passed in MVC No.2572/2014 by the VII Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal, Belagavi, sitting at Chikodi (for short ‘the Tribunal’), the claimants are before this Court seeking enhancement of the compensation and also questioning the liability fixed on the owner of the vehicle. The claim petition was filed seeking compensation of an amount of Rs.25,00,000/- for the death of the deceased in the road accident. 2. According to the claimants, the deceased was aged 30 years and was earning Rs.1,00,000/- per annum from agriculture and more than Rs.10,000/- per month by running flourmill business. The Tribunal has taken the income of the deceased at Rs.6,000/- per month and granted the compensation as per the table given below: - 4 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 Sl. No. Heads Compensation Awarded 1. Towards loss of dependency : Rs. 9,18,000/- 2. Towards loss of consortium : Rs. 40,000/- 3. Towards transportation of dead body and funeral expenses : Rs. 15,000/- 4. Towards loss of love and affection : Rs. 25,000/- 5. Towards loss of estate : Rs. 15,000/- TOTAL : Rs. 10,13,000/ - 3. When it comes to the liability, as the owner of the offending vehicle was driving the vehicle without driving licence and as he failed to enter into the witness box, the liability is fixed on the owner alone. 4. Learned counsel appearing for the claimants submits that this accident had taken place in the year 2014. The Tribunal, as per the table fixed by the Karnataka State Legal Services Authority, ought to have taken Rs.7,500/- per month as income of the deceased, but has taken it as Rs.6,000/- per month. It is submitted that the deceased is a third party and in the light of - 5 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 the settled law, the Tribunal ought to have applied the principle of pay and recover. 5. The learned counsel appearing for the insurance company and the learned counsel appearing for the owner of the vehicle submit that the Tribunal has considered all the aspects and has rightly passed the award granting compensation and there are no grounds to interfere with the same. Learned counsel appearing for the insurance company does not dispute the fact that in the light of the settled law, the principle of pay and recover will apply. 6. Having heard the counsels on either side, perused the material on record. 7. First coming to the aspect of liability, the owner of the offending vehicle, who was riding the vehicle, was not having a valid driving licence. However, in the light of the laid down by the principal in National Insurance Company Limited Vs. Swaran Singh and Others1, the principle of pay and recover applies. As such, the insurance company shall pay and recover the same from the owner of the vehicle. 1 (2004) 3 SCC 297 - 6 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 8. Coming to the compensation, this accident had taken place in the year 2014. Though there is no evidence on record, this Court, based on the income chart prepared by the Karnataka State Legal Services Authority, is taking the notional income of the deceased as Rs.7,500/- per month. The age of the deceased at the time of accident was 30 years. The 40% future prospects comes to Rs.3,000/-. Then it is Rs.10,500/- [Rs.7,500 + Rs.3,000] per month. There are five dependants and hence, 1/4th i.e., Rs.2,625/- needs to be deducted towards personal expenses of the deceased. After deducting the same, his contribution to the family would be Rs.7,875/- [Rs.10,500 – Rs.2,625]. Hence, under the head of loss of dependency, the claimants are entitled for an amount of Rs.16,06,500/- [Rs.7,875 x 12 (months) x 17 (multiplier)]. 9. Under the head of consortium, the claimants are entitled for Rs.44,000 x 5 = Rs.2,20,000/-. This Court is granting an amount of Rs.36,000/- towards funeral expenses. 10. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 7 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 11. In view of the above, the claimants are entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Towards loss of dependency : Rs. 9,18,000/- 16,06,500/- 2. Towards loss of consortium : Rs. 40,000/- 2,20,000/- 3. Towards transportation of dead body and funeral expenses : Rs. 15,000/- 36,000/- 4. Towards loss of love and affection : Rs. 25,000/- 00/- 5. Towards loss of estate : Rs. 15,000/- 00/- 6. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 10,13,000/- 18,72,500/- 12. Altogether, the claimants is entitled for compensation of an amount of Rs.18,72,500/-. 13. Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.10,13,000/- to Rs.18,72,500/-. 2 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2026:KHC-D:300 MFA No. 104548 of 2023 i. The enhanced 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 respondent No.2 – Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment and recover the same from the owner of the offending vehicle in the same proceedings. iv. On such deposit, the claimant is entitled to withdraw the amount as per the award. 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. vii. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 66