- 1 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.105533 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.105535 OF 2023 IN MISCELLANEOUS FIRST APPEAL NO.105533 OF 2023 BETWEEN: 1. SMT SHIVAKKA W/O. MAHADEVAPPA LAMANI, AGE. 49 YEARS, OCC. HOUSEWORK, 2. MAHADEVAPPA S/O. SOMAPPA LAMANI, AGE. 54 YEARS, OCC. COOLIE, 3. SHARAT S/O. YALLAPPA LAMANI, AGE. 03 YEARS, OCC. NIL, APPELLANT NO.3 IS MINOR R/BY HIS GRANDMOTHER APPELLANT NO.1 4. SHANTAVVA W/O. KRISHNAPPA LAMANI, AGE. 47 YEARS, OCC. HOUSEWORK, 5. KRISHNAPPA S/O. HIRIYAPPA LAMANI, AGE. 52 YEARS, OCC. AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 ALL ARE R/O. GUNDENAHALLI TANDA (SHIVAPUR), NOW AT. CHIKKAMARAHALLI, TQ. SAVANUR, DIST. HAVERI-581106. …APPELLANTS (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: 1. INDIRA D/O. NEELAPPAGOUDA PATIL W/O. PARASURAM HUNAGUND, AGE. MAJOR, OCC. BUSINESS, R/O. REVENUE QUARTERS, VIDYANAGAR, EAST, NEAR KLE SCHOOL, HAVERI, DIST. HAVERI-581110. 2. THE AUTHORIZED SIGNATORY, NATIONAL INSURANCE CO. LTD., 1ST FLOOR, KRISHNA AGENCY BUILDING, OPP. PANDIT HOSPITAL, P.B. ROAD, HAVERI-581110. …RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 15.04.2023 PASSED IN MVC NO.1238/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT SHIGGAON, SITTING AT SAVANUR, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 IN MISCELLANEOUS FIRST APPEAL NO.105535 OF 2023 BETWEEN: 1. SHANTAVVA W/O. KRISHNAPPA LAMANI, AGE. 47 YEARS, OCC. HOUSEWORK, 2. KRISHNAPPA S/O. HIRIYAPPA LAMANI, AGE. 52 YEARS, OCC. AGRICULTURE, 3. SHARAT S/O. YALLAPPA LAMANI, AGE. 3 YEARS, OCC. NIL, APPELLANT NO.3 IS MINOR R/BY HIS GRANDMOTHER APPELLANT NO.1 4. SMT. SHIVAKKA W/O. MAHADEVAPPA LAMANI, AGE. 49 YEARS, OCC. HOUSEWORK, 5. MAHADEVAPPA S/O. SOMAPPA LAMANI, AGE. 54 YEARS, OCC. COOLIE, ALL ARE R/O. GUNDENAHALLI TANDA, (SHIVAPUR), NOW AT CHIKKAMARAHALLI, TALUKA. SAVANUR, DIST. HAVERI-581106. …APPELLANTS (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: 1. INDIRA D/O. NEELAPPAGOUDA PATIL, W/O. PARASURAM HUNAGUND, - 4 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 AGE. MAJOR, OCC. BUSINESS, R/O. REVENUE QUARTERS, VIDYANAGAR, EAST, NEAR KLE SCHOOL, HAVERI, DIST. HAVERI-581110. 2. THE AUTHORIZED SIGNATORY, NATIONAL INSURANCE CO. LTD., 1ST FLOOR, KRISHNA AGENCY BUILDING, OPP. PANDIT HOSPITAL, P.B. ROAD, HAVERI-581110. …RESPONDENTS (BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 15.04.2023 PASSED IN MVC NO.1239/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT SHIGGAON, SITTING AT SAVANUR, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1238/2021 and MVC.No.1239/2021 dated 15.04.2023 by the Senior Civil Judge & Member Additional MACT, Shiggaon Sitting at Savanur, the claimants have filed MFA.Nos.105533/2023 and 105535/2023 respectively seeking enhancement of the compensation. The Tribunal had disposed of the claim petitions by way of a common order. Hence, this Court is disposing of the appeals by way of a common order. MFA.No.105533/2023 arising out of M.V.C.No.1238/2021:- 2. The claim petition is filed seeking compensation of an amount of Rs.65,00,000/- for the death of the deceased in the road traffic accident. 3. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 27,13,200/- 2. Funeral Expenses : Rs. 16,500/- - 6 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 3. Loss of Estate : Rs. 16,500/- 4. Loss of Consortium : Rs. 1,20,000/- TOTAL : Rs. 28,66,200/- 4. Learned counsel appearing for the claimants submits that the Tribunal had failed to grant reasonable compensation under the head of loss of consortium. It is submitted that as per the judgment of the Hon'ble Apex Court in case of National Insurance Co. Ltd. Vs. Pranay Sethi and Others1, every 3 years there has to be 10% enhancement to the conventional heads which was not considered by the Tribunal. 5. Learned counsel appearing for the respondent No.2/ Insurance Company submits that enhancement has to be looked into from the date of accident, but not from the date of judgment in Pranay Sethi’s case referred supra. It is submitted that under all heads, the compensation that is awarded by the Tribunal is just and reasonable. 6. Having heard the learned counsels on either side, perused the material on record. First coming to the head of loss 1 (2017) 16 SCC 680 - 7 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 of dependency, the Tribunal had rightly granted an amount of Rs.27,13,200/-. Towards loss of consortium, this Court is granting an amount of Rs.1,44,000/- (Rs.48,000x3) and towards funeral expenses this Court is granting an amount of Rs.36,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 27,13,200/- 27,13,200/- 2. Funeral Expenses : Rs. 16,500/- 36,000/- 3. Loss of Estate : Rs. 16,500/- 00/- 4. Loss of Consortium : Rs. 1,20,000/- 1,44,000/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 28,66,200/- 29,03,200/- 2 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 9. Altogether, the claimants in MVC.No.1238/2021 are entitled for compensation of an amount of Rs.29,03,200/-. MFA.No.105535/2023 arising out of M.V.C.No.1239/2021: 10. The claim petition is filed seeking compensation of an amount of Rs.60,00,000/- for the death of the deceased in the road traffic accident. 11. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 18,31,410/- 2. Funeral Expenses : Rs. 16,500/- 3. Loss of Estate : Rs. 3,33,450/- 4. Loss of Consortium : Rs. 1,20,000/- TOTAL : Rs. 23,01,360/- 12. In this case, there are five dependents i.e., the mother, father, mother-in-law, father-in-law and son of the deceased who is aged about 11 months. It is the contention of the learned counsel appearing for the claimants that all of them - 9 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 have to be considered as dependents and considering the same, the compensation ought to have been awarded. 13. Learned counsel appearing for respondent No.2/ Insurance Company submits that the mother-in-law and father- in-law cannot be considered as the dependants of the deceased and in fact they are considered as dependants of their deceased son in MVC.No.1238/2021 and as the deceased is a married daughter, question of the parents becoming the dependants also does not arise. It is submitted that only the son has to be taken as a dependent. 14. Learned counsel appearing for the claimants submits that even if the son is considered as dependant, 1/3rd has to be deducted as it is the case of married woman. He had relied on the order passed by the Hon'ble Apex Court in Babita Singh @ Singha Vs. New India Assurance Co. Ltd. and Others arising out of Civil Appeal (SLP) No.7774/2022 dated 09.10.2023 wherein the Hon’ble Apex Court had observed that the High Court deducted 50% towards loss of dependency on the pretext that it was only the wife who was the dependent. The - 10 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 Hon’ble Apex Court had set aside the order passed by the High Court and had restored the award passed by the Tribunal. 15. Learned counsel appearing for respondent No.2/ Insurance Company relying on the judgment of the Division Bench of this Court submits that if there is only one dependent, 50% has to be deducted. He has relied on the order passed by this Court in MFA.No.8223/2017 and submits that this Court considering the judgment of the Division Bench had deducted 50%. This Court has perused the judgment and though this Court has deducted 50% basing on the judgment of the Division Bench, now considering the judgment of Hon’ble Apex Court in Babita Singh’s case referred supra, deduction has to be 1/3rd. Neither the in-laws nor the parents are dependents of the deceased and this Court is considering the son as dependent. Considering the income of the deceased at Rs.14,250/- per month, 40% future prospects would come to Rs.5,700/-. Then the income would come to an amount of Rs.19,950/-. As the son is the only dependent, 1/3rd would come to an amount of Rs.6,650/-. Then the contribution to the family would be an amount of Rs.13,300/- (Rs.19,950-Rs.6,650). Hence, towards - 11 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 loss of dependency, this Court is granting an amount of Rs.28,72,800/- (Rs.13,300x12x18). Towards loss of consortium, this Court is granting an amount of Rs.48,000/- and towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 16. The son is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 18,31,410/- 28,72,800/- 2. Funeral Expenses : Rs. 16,500/- 36,000/- 3. Loss of Estate : Rs. 3,33,450/- 00/- 4. Loss of Consortium : Rs. 1,20,000/- 48,000/- TOTAL : Rs. 23,01,360/- 29,56,800/- 17. Altogether, the son is entitled for compensation of an amount of Rs.29,56,800/-. 18. It is submitted by the learned counsel appearing for the claimants that as per the interim order, the amount was deposited. Considering the fact that already 15% amount is deposited, the son is entitled for the remaining 85% of the - 12 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 amount and the amount shall be kept in fixed deposit till he attains majority and periodically whenever the amounts are required for the purpose of education, an application can be filed. An amount of Rs.2,00,000/- can be released for the purpose of immediate necessities of the child. 19. Accordingly, MFA.No.105535/2023 is partly allowed by enhancing the compensation from an amount of Rs.23,01,360/- to Rs.29,56,800/-. 20. MFA.No.105533/2023 is partly allowed by enhancing the compensation from an amount of Rs.28,66,200/- to Rs.29,03,200/-. 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. On such - 13 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 deposit, the appellants in MFA.No.105533/2023 are entitled to withdraw the amount as per the award. iv. In MFA.No.105535/2023, considering the fact that already 15% amount is deposited, appellant No.3/ son is entitled for the remaining 85% of the amount and the amount shall be kept in fixed deposit till he attains majority and periodically whenever the amounts are required for the purpose of education, an application can be filed. An amount of Rs.2,00,000/- can be released for the purpose of immediate necessities of the child. 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. On 12.06.2024, the delay of 98 days in filing MFA.No.105535/2023 is condoned on the condition that the claimants will not be entitled for the interest, in case of enhancement. Hence, Insurance Company is not - 14 - HC-KAR NC: 2026:KHC-D:1177 MFA No. 105533 of 2023 C/W MFA No. 105535 of 2023 liable to pay the interest for the delayed period in MFA.No.105535/2023. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 2 Sl No.: 34