- 1 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.104947 OF 2024 (MV-D) BETWEEN: 1. SMT. AMBAVVA W/O. LALAPPA LAMANI, AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. TADASA, TQ. SHIGGAON, DT. HAVERI, NOW AT KABBURA TANDA, TQ. AND DT. HAVERI-581110. 2. SHRI. CHANNAPPA S/O. LALAPPA LAMANI, AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. TADASA, TQ. SHIGGAON, DT. HAVERI, NOW AT KABBURA TANDA, TQ. AND DT. HAVERI-581110. 3. SHRI. UMASHRI S/O. LALAPPA LAMANI, AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. TADASA, TQ. SHIGGAON, DT. HAVERI, NOW AT KABBURA TANDA, TQ. AND DT. HAVERI-581110. &APPELLANTS (BY SRI. B.M. PATIL, ADVOCATE) AND: 1. SHRI. MAHAMMADSAB S/O. LALSAB PASHUPATIHALA, AGE. 31 YEARS, OCC. OWNER KA-41/C-4736, R/O. TIMMAPURA, TQ. SHIGGAON, DT. HAVERI-582115. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 2. THE MANAGER TATA AIG GENERAL INSURANCE COMPANY LTD., DESHPANDE NAGAR, HUBBALLI, DT. DHARWAD-580029 (INSURANCE POLICY NO.01601954210100 HAVING VALIDITY FROM 28-08-2020 TO 27-08-2021) &RESPONDENTS (BY MISS. ANUSHA FOR SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2 (APPEARED THROUGH VC; NOTICE TO R2 IS SERVE AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 24.06.2024 PASSED IN M.V.C. NO.275/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI AND ALSO FIX THE LIABILITY TO PAY COMPENSATION ON THE INSURANCE COMPANY I.E. RESPONDENT NO.2 IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC No.275/2022 dated 24.06.2024 by the learned Addl. Senior Civil Judge, JMFC and Addl. MACT, Haveri, the claimants are before this Court seeking enhancement of the compensation and also questioning the liability fixed on the owner of the vehicle. 2. The claim petition is filed seeking compensation for the death of the deceased in the motor vehicle accident that took place on 13.08.2021. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 13,86,264/- 2. Loss of estate : Rs. 15,000/- 3. Funeral expenses : Rs. 15,000/- 4. Loss of consortium : Rs. 40,000/- TOTAL : Rs. 14,56,264/- 3. Learned counsel appearing for the claimants submits that as far as the loss of dependency is concerned, the Tribunal has rightly granted the compensation. However, when it comes to the loss of consortium and funeral expenses, the - 4 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 compensation that is awarded by the Tribunal is not just and reasonable. It is submitted that the liability is fixed on the owner of the vehicle on the ground that there is no driving licence. It is submitted that in the light of the law laid down by the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Swaran Singh and Others1, though there is no valid and effective driving licence to the driver of the vehicle, still the principle of 8pay and recover9 will apply and the insurance company is liable to pay the compensation and recover the same from the owner of the vehicle. 4. Per contra, learned counsel appearing for the respondent-Insurance Company submits that the Tribunal has rightly granted the compensation and also held that the owner alone is liable to pay the compensation and there are no grounds to interfere with the award passed by the Tribunal. 5. Though notice is served on the owner of the vehicle, no representation nor vakalath is filed on his behalf. 1 (2004) 3 SCC 297 - 5 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 6. Having heard the learned counsels on either side, perused the material on record. Firstly, coming to the aspect of liability, considering the judgment of the Hon'ble Apex Court in the case of Swaran Singh referred supra and by applying the principle of 8pay and recover9, this Court holds that the insurance company is liable to pay the compensation to the claimants and recover the same from the owner of the vehicle. 7. Coming to the quantum of compensation, there is no dispute with regard to the loss of dependency. Then coming to the loss of consortium, there are three dependants viz., wife and two sons. Hence, under the head of loss of consortium, the claimants are entitled to an amount of Rs.1,32,000/- (Rs.44,000 x 3). This Court is granting an amount of Rs.36,000/- towards funeral expenses. 8. In the light of the law laid down by the Hon'ble Apex Court in the case of V.Mekala Vs. M. Malathi And Another2, the claimants would be entitled for an amount of Rs.10,000/- towards Legal Expenses. 2 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 9. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 13,86,264/- 13,86,264/- 2. Funeral expenses and loss of estate : Rs. 30,000/- (15,000+15,000) 36,000/- 3. Loss of consortium : Rs. 40,000/- ] 1,32,000/- 4. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 14,56,264/- 15,64,264/- 10. Altogether, the claimants are entitled for an amount of Rs.15,64,264/-. 11. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.14,56,264/- to Rs.15,64,264/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii.The respondent-Insurance Company shall pay the compensation to the claimants and recover the same from the owner of the vehicle. - 7 - HC-KAR NC: 2026:KHC-D:341 MFA No. 104947 of 2024 iii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. iv. The apportionment of the amount shall be as per the order passed by the Tribunal. 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 JTR CT: UMD List No.: 1 Sl No.: 20