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High Court of Karnataka · body

2026 DAILYLAW 7855 (KAR)

SRI NINGAPPA v. BABU GURUPAD BIRADAR

MFA/6339/2025 · 2026-03-16

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15421 MFA No. 6339 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6339 OF 2025 (MV-D) BETWEEN: 1. SRI NINGAPPA S/O THIMMAPPA, AGED ABOUT 56 YEARS, 2. SMT. DRAKSHAYANAMMA S/O THIMMAPPA, AGED ABOUT 53 YEARS, BOTH ARE R/O KUNAGALI VILLAGE, KASABA HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRIC T577 526 …APPELLANTS (BY SRI. SHIVAKUMARAPPA T C., ADV.) AND: 1. BABU GURUPAD BIRADAR S/O GURUPAD BIRADAR, MAJOR, R/O NEAR BDE LADIES HOSTEL, KALIKA NAGAR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15421 MFA No. 6339 of 2025 VIJAYAPURA (BIJAPURA ) DISTRICT 586 103 OWNER OF THE CAR BEARING REG NO.KA-28/Z-7519 2. THE MANAGER CHOLAMANDALAM M.S GENERAL INSURANCE COMPANY LTD., NO.9/1, ULSOOR ROAD, BANGALORE 560042 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADV. FOR SRI. B.PRADEEP, ADV. FOR R2, V/O DTD. 18.12.2025 NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 21.02.2025 PASSED IN MVC NO. 1156/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION, AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:15421 MFA No. 6339 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the sides. 2. This appeal is filed against the judgment and award passed in M.V.C.No.1156/2022 dated 21.02.2025 by the Court of Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Holalkere. 3. K.M.Manjunath S/o Ningappa met with an accident on 29.05.2022 and died subsequently. His parents filed a claim petition claiming compensation of 55,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.24,76,700/- along with interest at the rate of 6% p.a., from the date of the petition till realization. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that K.M.Manjunath was - 4 - HC-KAR NC: 2026:KHC:15421 MFA No. 6339 of 2025 doing agricultural work and earning Rs.40,000/- per month. But the Tribunal granted meagre amount on the other heads. Therefore, he requested for enhancement of the compensation. 5. It is stated that K.M.Manjunath was earning Rs.40,000/- per month. As there is no income proof, his notional income was rightly considered by the Tribunal as Rs.15,500/-. As he was aged 20 years, the multiplier is to be taken as ‘18’. He is entitled for the future prospects at 40%, as he was a bachelor, 50% is to be deducted towards his personal expenses, then towards ‘loss of dependency’ it would come to an amount of Rs.23,43,600/- (15,500 + 40% X 12 X 18-50%). 6. Parents are entitled for ‘consortium’ of Rs.48,000/- by each of them i.e., Rs.96,000/- (Rs.48,000/- X 2) and Rs.36,000/- under ‘the conventional heads’. - 5 - HC-KAR NC: 2026:KHC:15421 MFA No. 6339 of 2025 7. Thus, in all, compensation awarded by this Court is as below: 8. The Tribunal considered all the aspects and rightly granted just and reasonable compensation. There is no reason to interfere with the said appeal. Respondent No.2 has already deposited the award amount with interest at the rate of 6% per annum. 9. In the result, the following order is passed: ORDER i. This appeal is dismissed. Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,43,600/- 2 Towards loss of consortium 96,000/- 3 Towards conventional heads 36,000/- Total 24,75,600/- - 6 - HC-KAR NC: 2026:KHC:15421 MFA No. 6339 of 2025 ii. The judgment and award passed in M.V.C.No.1156/2022 dated 21.02.2025 by the Court of Senior Civil Judge and Additional Motor Accidents Claims Tribunal, Holalkere, is confirmed. Sd/- (P SREE SUDHA) JUDGE SSB