Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 8906 (KAR)

GURULINGAPPA v. MAHADEVASWAMY

MFA/8432/2025 · 2026-02-13

P Sree Sudha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8950 MFA No. 8432 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8432 OF 2025 (D) BETWEEN: 1. GURULINGAPPA S/O LATE MADAPPA AGED ABOUT 71 YEARS 2. GURULINGAMMA S/O GURULINGAPPA AGED ABOUT 66 YEARS BOTH ARE RESIDING AT KUMACHAHALLI VILLAGE CHAMARAJANAGARA TQ & DISTRICT-571 441. 3. SAVITHA W/O SHIVALINGAPPA M. D/O GURULINGAPPA AGED ABOUT 44 YEARS R/AT LINGAYATHARA BEEDI KOTHALAVADI VILLAGE CHAMARAJANAGAR TQ & DISTRICT-571 440. …APPELLANTS (BY SRI. SREENIVASAN M.Y., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8950 MFA No. 8432 of 2025 AND: 1. MAHADEVASWAMY S/O GURULINGAPPA AGED ABOUT 39 YEARS R/AT KUMACHAHALLI VILLAGE CHAMARAJANAGARA DIST-571 441. 2. THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. 1ST MAIN ROAD, 5TH CROSS SARASWATHIPURAM MYSORE-570 009. …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 05.02.2026 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.09.2024 PASSED IN MVC NO.95/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8950 MFA No. 8432 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. G.Girisha, S/o Gurulingappa met with an accident on 22.08.2022 and died subsequently. His parents and sister filed the claim petition claiming compensation of Rs.40,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.23,08,608/- with interest at the rate of 6% per annum from the date of petition till realisation. Aggrieved by the said judgment and award, they preferred the present appeal and mainly contended that the deceased met with an accident on 22.08.2022 and was in hospital for four days and died on 25.08.2022 and they incurred Rs.70,408/- towards medical expenses and the Tribunal ought to have granted amounts under the head of food, diet and other expenses. Personal expenses deducted by the Tribunal is incorrect and thus, requested for modification of the award. - 4 - HC-KAR NC: 2026:KHC:8950 MFA No. 8432 of 2025 3. Learned counsel for respondent no.2 submits that though it is stated that the deceased-Girisha, aged 35 years was doing agricultural work and also doing milk vending business and earning Rs.20,000/- per month, the appellants have not filed any income proof. As the deceased met with an accident in the year 2022, the Tribunal has rightly considered Rs.15,500/- per month as notional income as per the chart prepared by Karnataka State Legal Services Authority and it needs no interference. 4. Age of the deceased was taken as 35 years at the time of accident as per Ex.P8-copy of PM report and it is confirmed and the multiplier is 16. As the deceased was unmarried, 50% is to be deducted towards personal expenses. Therefore, loss of dependency granted by the Tribunal Rs.20,83,000/- (Rs.15,500/- + 40% x 12 x 16 - 50%) is confirmed. The Tribunal has granted Rs.80,000/- (Rs.40,000/- x 2) to appellant nos.1 and 2 towards loss of parental consortium, Rs.35,000/- towards other conventional heads and also Rs.40,000/- towards loss of love and affection to appellant no.3. The Tribunal has granted Rs.70,408/- towards medical - 5 - HC-KAR NC: 2026:KHC:8950 MFA No. 8432 of 2025 bills and the said amount is confirmed. The amounts granted by the Tribunal under the other heads are reasonable and they are confirmed. Therefore, this Court finds it reasonable to confirm the award of the Tribunal and accordingly, the appeal is dismissed. SD/- (P SREE SUDHA) JUDGE PGG List No.: 1 Sl No.: 52