- 1 - HC-KAR NC: 2026:KHC-D:2117 MFA No. 100154 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100154 OF 2021 (MV-D) BETWEEN: 1. SMT. HULIGEMMA W/O. C.K. RAMU, AGE. 56 YEARS, OCC. HOUSEHOLD WORK, R/O. AMBEDKAR NAGAR, KOPPAL, PIN-582114. 2. SMT. SHRIDEVI D/O. C.K. RAMU, AGE. 28 YEARS, OCC. HOUSEHOLD WORK, R/O. AMBEDKAR NAGAR, KOPPAL, PIN-582114. …APPELLANTS (BY SRI. D.V. PATTAR, ADVOCATE) AND: 1. HANUMANTH S/O. GOVINDAPPA NAYAK, AGE. 48 YEARS, OCC. DRIVER OF TIPPER LORRY, BEARING NO.KA-35/A-4713, R/O. KARIGANOOR, TQ. HOSPET, DIST. BELLARY, PIN-583101. 2. MALLIKARJUNA S/O. SATYAPPA, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.19 12:32:52 +0000 - 2 - HC-KAR NC: 2026:KHC-D:2117 MFA No. 100154 of 2021 AGE. 56 YEARS, OCC. OWNER OF TIPPER LORRY, BEARING NO.KA-35/A-4713, KARIGANOOR, TQ. HOSPET, R/O. H.NO.11/32, WARD NO.2, STATION ROAD, PAPINAYAKANAHALLI, TQ. HOSPET, DIST. BELLARY. 3. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, 10003-E-8, RIICO INDUSTRIAL AREA, SITAPURA-JAIPUR, RAJASTHAN, PIN-302022. …RESPONDENTS (BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.08.2015 PASSED IN MVC NO.617/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL AND ALLOW THE APPEAL, AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE. 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:2117 MFA No. 100154 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC No.617/2012 dated 05.08.2015 by the Senior Civil Judge and Additional MACT, Koppal (for short ‘the Tribunal’) the claimant is before this Court seeking enhancement of compensation awarded by the Tribunal and questioning the liability fastened on the owner of the offending vehicle. The Tribunal has awarded the compensation as per the table given below: Sl. No. Head Amount 1. Funeral Expenses : Rs. 10,000/- 2 Loss of dependency : Rs. 6,18,840/- 3 Loss of love and affection (Rs.5000 x 2) : Rs. 10,000/- Total : Rs. 6,38,840/- 2. The learned counsel appearing for the appellant/ claimant submits that the Tribunal has fastened the liability on the owner of the vehicle to pay the compensation only on the ground that there was no driving licence and directed the Insurance Company to pay the compensation and recover the - 4 - HC-KAR NC: 2026:KHC-D:2117 MFA No. 100154 of 2021 same from the owner of the vehicle. It is submitted that the Tribunal has not granted compensation under the head of future prospects of 40%. 3. Learned counsel appearing for the respondent/ Insurance Company submits that the Tribunal has granted the reasonable compensation and has rightly fastened the liability on the owner of the offending vehicle since the driver of the vehicle did not possess the licence and therefore, there is no ground to interfere with the award passed by the Tribunal. 4. Having heard the learned counsels on either side, perused the material on record. 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 Hon’ble Apex Court in the case of 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 - 5 - HC-KAR NC: 2026:KHC-D:2117 MFA No. 100154 of 2021 5. Coming to the compensation, this accident had occurred in the year 2011. 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.6,000/- per month. The age of the deceased at the time of accident was 23 years. The 40% future prospects comes to Rs.2,400/-. Then it is Rs.8,400/- [Rs.6,000 + Rs.2,400] per month. 50% of the said amount needs to be deducted towards personal expenses of the deceased. After deducting 50%, his contribution to the family would be Rs.4,200/-. Hence, under the head of loss of dependency, the claimants are entitled for an amount of Rs.9,07,200/- [Rs.4,200 x 12 (months) x 18 (multiplier)]. 6. Under the loss of consortium, the claimants are entitled for Rs.44,000 x 2 = Rs.88,000/-. This Court is granting an amount of Rs.36,000/- towards conventional heads. 7. In view of the above, the claimants are entitled for compensation under the following heads: - 6 - HC-KAR NC: 2026:KHC-D:2117 MFA No. 100154 of 2021 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Funeral Expenses/ Conventional Heads : Rs. 10,000/- 36,000/- 2. Loss of dependency : Rs. 6,18,840/- 9,07,200/- 3. Loss of love and affection (5000 x2) : Rs. 10,000/- 00/- 4. Loss of consortium : Rs. 00/- 88,000/- TOTAL : Rs. 6,38,840/- 10,31,200/- 8. Altogether, the claimants is entitled for compensation of an amount of Rs.10,31,200/-. 9. Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.6,38,840/- to Rs.10,31,200/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.3/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. - 7 - HC-KAR NC: 2026:KHC-D:2117 MFA No. 100154 of 2021 iii. On such deposit, the claimant is entitled to withdraw the amount as per the conditions laid down in the award. iv. 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. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 2 Sl No.: 2