SUNANDA W/O LATE SHARANAPPA vs MARIBASANAGOUDA S/O K SHANKRAPPA

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO. 102001 OF 2024 (MV-)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102002 OF 2024 (MV-I)

IN MFA No. 102001/2024
BETWEEN:

1. SMT. SUSHILAMMA W/O. LATE H. BASANNA
AGE: 72 YEARS, OCC: NIL,
R/O. ACHARANARASAPURA
TQ. GANGAVATHI,
DIST. KOPPAL.

2. KUMARI BHAGYA H D/O. UMAPATHI,
AGE: 21 YEARS,
OCC: STUDENT,
R/O ACHARNARSAPUR,
TQ: GANGAVATHI,
DIST: KOPPAL-583227.

3. PRAKASH H. S/O. LATE H. BASANNA,
AGE: 50 YEARS,
OCC: PRIVATE JOB,
R/O: ACHARANARASAPURA,
TQ: GANGAVATHI,
RD
NOW RESIDING AT 3 MAIN,
ST
1 CROSS, NEAR MAHESHWARAMMA TEMPLE,
KEMPE GOUDANAGAR, DASARAHALLI,
BANGALORE-562114.
…APPELLANTS
(BY SRI. SOUBHAGYA S. VAKKUND, ADVOCATE)

AND:

1. MARIBASANAGOUDA
S/O. K. SHANKARAPPA
AGE: 34 YEARS,
OCC: DRIVER OF INNOVA 3

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CAR BEARING ITS REG.
NO.KA-25/MB 2828,
R/O H.NO. 102 ALABNUR,
TQ: SINDHANUR,
DIST: RAICHUR-584101.

2. ANAND C. KALAL
S/O. CHANDRAKANTH KALAL
AGE: 51 YEARS,
OCC: OWNER OF INNOVA CAR BEARING ITS
REG. NO. KA-25/MB-2828,
R/O: GATAGI GALLI,
AT POST ANNIGERI,
TQ: NAVALAGUNDA,
DIST: DHARWAD-582201.

3. THE BRANCH MANAGER, UNITED INDIA
INSURANCE CO. LTD, BRANCH OFFICE,
SANMAN TOURIST COMPLEX,
NEAR CBS CIRCLE, ISLAMPUR,
GANGAVATHI,
DIST: KOPPAL-583227.
…RESPONDENTS
(NOTICE TO R1 AND R2 DISPENSED WITH;
BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R3)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 30.01.2024
PASSED BY ADDL. DISTRICT AND SESSIONS JUDGE, PRESIDING
OFFICER, MACT, KOPPAL (SITTING AT GANGAVATHI), MVC
NO.5/2020 BY ENHANCING THE COMPENSATION FROM
RS.6,40,000/- TO RS. 21,00,400/- TO THE APPELLANT AND PASS
SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS
FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND
EQUITY.

IN MFA NO. 102002/2024
BETWEEN:

SUNANDA W/O. LATE SHARANAPPA
AGE: 44 YEARS, OCC: TAILORING,
R/O: ACHARANA RASAPUR
TQ: GANGAVATHI,

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DIST: KOPPAL-583227.
...APPELLANT
(BY SMT. SOUBHAGYA S VAKKUND, ADVOCATE)

AND:

1. MARIBASANAGOUDA S/O. K. SHANKRAPPA
AGE: 34 YEARS,
OCC: DRIVER OF INNOVA 3
CAR BEARING ITS REG NO.KA-25/MB-2828,
R/O. H. NO.102, ALABNUR,
TQ: SINDHANUR,
DIST: RAICHUR-584101.

2. ANAND C. KALAL
S/O. CHANDRAKANTH KALAL,
AGE: 51 YEARS,
OCC: OWNER OF INNOVA CAR BEARING
ITS REG NO.KA-25/MB-2828,
R/O: GATAGI GALLI, AT POST ANNIGERI,
TQ: NAVALAGUNDA
DIST: DHARWAD-582 201.

3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
BRANCH OFFICE,
SANMAN TOURIST COMPLEX,
NEAR CBS CIRCLE, ISLAMPUR,
GANGAVATHI,
DIST: KOPPAL-583227.
...RESPONDENTS
(NOTICE TO R1 AND R2 DISPENSED WITH;
BY SRI. N.R. KUPPELLUR, ADVOCATE FOR R3)

THIS MFA IS FILED U/S.173(1)OF MOTOR VEHICLES ACT,
PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT
AND AWARD DATED 30.01.2024 PASSED BY ADDL. DISTRICT
AND SESSIONS JUDGE, PRESIDING OFFICER, M.A.C.T. KOPPAL
(SITTING AT GANGAVATHI), IN MVC NO.2/2020 BY ENHANCING
THE COMPENSATION OF RS. 14,99,000/- EXCLUDING THE
AMOUNT ALREADY AWARDED BY THE TRIBUNAL TO THE
APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS
THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN
THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI

ORAL JUDGMENT

Aggrieved by the common judgment and award dated
30.01.2024 in MVC Nos.5/2020 and 2/2020 passed by the
Additional District and Sessions Judge, Koppal (sitting at
1
Gangavathi) , the petitioners/legal representatives of the
deceased in MVC No.5/2020 before the Tribunal filed an appeal
in MFA No.102001/2024 and the petitioner/injured in MVC
No.2/2020 before the Tribunal filed an appeal in MFA
No.102002/2024 seeking enhancement of compensation.

2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.

3. Brief facts of the case are that on 25.08.2019 at
about 6.40 p.m., the deceased H.Basanna, his daughter
Smt.Sunanda (petitioner in MVC No.2/2020) and his grand
daughter were traveling from Koppal to Kushtagi in a Innova
2
Car bearing registration No.KA-25/MB-2828 driven by

1
For short, ‘the Tribunal’
2
For short, ‘the car’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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respondent No.1. When the said car reached near
Talakanakapur Cross, the driver of the car drove the same in a
rash and negligent manner, endangering human life and lost
his control over the car and dashed to the electric pole and a
tree and all the inmates of the car were fell down on the road.
Due to the said impact, H.Basanna sustained head injuries and
succumbed to the injuries. Smt. Sunanda and grand daughter
have sustained grievous injuries. Immediately, the dead body
of the deceased H.Basanna was shifted to the hospital and the
injured have also been shifted to the hospital for treatment.

4. The Legal representatives of the deceased in MVC
No.5/2020 contended that prior to the accident, the deceased
H.Basanna was hale and healthy and was earning Rs.25,000/-
by doing agricultural work, and was contributing to his family.
Due to the death of the deceased, the petitioners lost the only
earning member of their family and suffered mental agony and
facing economical problems. The petitioners further contended
that they have spent huge amount towards miscellaneous
expenses.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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5. The petitioner in MVC No.2/2020 contended that
prior to the accident, she was hale and healthy and earning
Rs.15,000/- per month by doing Tailoring Work and
contributing the same to her family. But, due to the injuries
sustained in the accident, she is not able to do her work as she
was doing prior to the accident and suffering lot of pain, agony
and facing economical problems. The petitioner further
contended that she has spent huge amount towards medical
expenses. Accordingly, the petitioners filed a claim petition
claiming compensation before the Tribunal.

6. On filing of the petitions, notices have been issued
to the respondents. Respondents appeared through their
counsel. Respondent No.2 filed the objections, which was
adopted by respondent No.1. Respondent No.3 also filed
separate objection.

7. Respondent No.2 has taken common contentions in
both the petitions contending that the claim petitions are not
maintainable; the petitioners shall be put to strict proof of the
allegations that they are entitled to file the claim petitions;
further denied the medical expenses and the injuries sustained
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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by the petitioner and the cause of death of the deceased;
denied the age, income & occupation of the deceased and the
petitioner. The respondent No.1 is the experienced driver and
never driven his vehicle in a high speed and he was driving the
vehicle slowly. At the time of accident, the DL, RC, FC and
Insurance Policy were valid and in force and the respondent
No.3 is bound to pay the compensation to the petitioners, and
the respondent Nos.1 & 2 are not liable to pay the
compensation to the Petitioners. Hence, prayed to dismiss the
petitions.

8. The respondent No.3 in both the petitions has
denied the averments of the petition, and contended that the
petitions are false, frivolous and vexatious and not tenable in
the eye of law; denied the age, income, occupation of the
petitioner & the deceased. It is stated that there is no nexus
between the injury and the cause of death and the Policy issued
to the car is to be proved by respondent No.2, which is
considered subject to confirmation of 64Vb and terms &
conditions of the Policy. The driver of the car was not at all
possessing valid DL to drive the same as on the date of the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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accident. The respondent No.2/R.C Holder of car has not
intimated the accident to respondent No.3, as it is mandatory
u/s.134(c) of M.V Act. The police have filed the false charge
sheet against respondent No.1 and not submitted criminal case
papers to respondent No.3 till date as per Sec.158(6) of M.V
Act. Therefore, prayed to dismiss both the petitions.

9. Before the Tribunal, the petitioners themselves
examined as PW1 to PW3 and examined the doctor as PW4 and
got marked the documents as Exs.P.1 to P.25. On behalf of
respondents, two witnesses have been examined as RW1 and
RW2 and got marked Exs.R1 to R3.

10. On hearing the arguments, the Tribunal allowed the
claim petitions in part and awarded compensation under the
following heads:
IN MVC No.5/2020
Sl.
Heads Amount in Rs.
No.
1 Loss of dependency 5,30,000/-
2 Loss of spousal consortium,
parental consortium and filial
consortium
80,000/-
3 Loss of estate 15,000/-
4 Funeral expenses 15,000/-
TOTAL 6,40,000/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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IN MVC No.2/2020
Sl.
Heads Amount in Rs.
No.
1 Pain and suffering 20,000/-
2 Medical expenses incurred 66,600/-
3 Loss of future income 1,39,125/-
4 Loss of amenities, attendance 10,000/-
charges, nutrition and diet
5 Transportation and conveyance 10,000/-
TOTAL 5,33,721/-

The Tribunal further held that, the respondent No.3 is
liable to pay compensation and directed to deposit the same
with interest at the rate of 6% per annum from the date of
petition till realization within three months from the date of the
order.

11. Dissatisfied with the quantum of compensation, the
petitioners preferred these appeals.

12. Learned counsel appearing f or the petitioners in
MVC No.5/2020 argued that the Tribunal has awarded
compensation under the head of loss of consortium only to the
extent of Rs.80,000/- and ought to have awarded
Rs.1,20,000/- under the said head and the Tribunal has not
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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awarded compensation with escalation under the head of
funeral expenses and loss of estate.

13. Further argued that the compensation awarded by
the Tribunal to the petitioner in MVC No.2/2020 is on the lower
side; PW2 the doctor assessed the disability to the extent of
45% to 50%, but, the Tribunal assessed the disability to the
extent of 5% which is on the lower side. Accordingly, pray for
enhancement of the compensation in both the appeals.

14. Learned counsel for the Insurance Company argued
that the compensation awarded by the Tribunal under the head
of loss of consortium and under the conventional heads is
adequate and does not call for any interference.

15. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:

(i) Whether the petitioners in both the appeals
prove that the compensation awarded by the
Tribunal is inadequate and it deserves to be
modified?
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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(ii) What order?

16. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Point No.(ii) : As per the final order, for the
following:

17. Regarding point No.(i): The one H.Basanna died
in the accident and his legal representatives filed claim petition
claiming compensation for the death of H.Basanna. Petitioner
No.1 is the wife and petitioners No.2 to 6 are the grandchildren
of the petitioner No.1 and late H. Basanna. The Tribunal has
awarded compensation of Rs.80,000/- under the head of loss of
consortium.

18. The Hon'ble Apex Court, in a landmark judgments
3
in National Insurance Company Limited v. Pranay Sethi
and in Magma General Insurance Company Limited v.
4
Nanu Ram @ Chuhru Ram , restricts the legal definition of
consortium strictly to three distinct categories i.e., i)spousal

3
(2017) 16 SCC 680
4
(2018) 18 SCC 130
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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consortium to be awarded to a surviving husband or wife,
ii)parental consortium to be awarded to a surviving children
who lost parents and iii)filial consortium to be awarded to
surviving parents who lost their child.

19. So, petitioners No.2 to 6 being the grandchildren of
the deceased not entitled for compensation under the head loss
of consortium. The Tribunal has rightly awarded compensation
of Rs.80,000/- under the head of loss of consortium. However,
this Court is of the opinion that, 10% escalation should be
added as per law laid down in Pranay Sethi ’s case. Thus, the
petitioners are entitled for compensation of Rs.88,000/- under
the head of “loss of consortium”.

20. The Tribunal has awarded Rs.15,000/- each under
the head of “loss of estate” and “funeral expenses”, it should be
added with 10% escalation. Thus, the petitioners are entitled
for compensation of Rs.16,500/- each under the said heads.

21. The compensation awarded by Tribunal of
Rs.5,30,000/- under the head of “loss of dependency” is kept
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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intact. In all, the compensation is awarded under the following
heads:

Sl. Amount in
Heads
No. Rs.
1 Loss of dependency 5,30,000/-
2 Loss of consortium 88,000/-
3 Loss of estate 16,500/-
4 Funeral expenses 16,500/-
TOTAL 6,51,000/-


22. Accordingly, the petitioners are entitled to receive
compensation of Rs.6,51,000/- as against Rs.6,40,000/- as
awarded by the Tribunal.

23. The petitioner in MVC No.2/2020 was traveling in a
car as an inmate met with an accident and sustained injuries
i.e., tenderness, soft tissue injury in left hip, abrasion over left
elbow, left anterior column fracture + posterior wall of left
acetablulum fracture. The doctor assessed the disability to the
extent of 40% to 45% to the particular limb. The petitioner was
treated as an inpatient for nine days. She was admitted to the
hospital on 26.08.2019 and discharged on 03.09.2019.

24. By looking into the injuries sustained by the
petitioner, this Court is of the opinion that it is just reasonable
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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to assess the functional disability to the extent of 10% to the
whole body.

25. The petitioner claimed that she was doing tailoring
work, but she has not produced any documents to prove her
income. So, the Tribunal has rightly taken the monthly income
of the petitioner at Rs.13,250/- .

26. The petitioner was aged 45 years at the time of
accident. So, in view of the law laid down by the Hon’ble Apex
Court in Sarla Verma and others V. Delhi Transport
Corporation and another reported in 2009 ACJ 1298 , the
applicable multiplier would be “14” . Thus, the petitioner is
entitled for compensation under the head of “loss of future
income” as under:
Rs.13,250/- X 12 X 14 X 10% = Rs.2,22,600/-

27. By looking into the injuries sustained by the
petitioner, awarded compensation at Rs.30,000/- under the
head of “pain and suffering”.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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28. The Tribunal has awarded compensation of
Rs.66,600/- under the head of “medical expenses” based on
the records, which does not call for interference.

29. The Tribunal has rightly awarded compensation of
Rs.10,000/- under the head of “transportation and
conveyance” charges, which does not call for interference.

30. The Tribunal has awarded compensation of
Rs.10,000/- under the head of “loss of amenities, attendance
charges, nutrition and diet”. By looking into the fracture and
injuries sustained by the petitioner, this Court is of opinion that
it is just and reasonable to award the compensation
Rs.20,000/- under the said head.

31. The Tribunal has not awarded any compensation
under the head of loss of income during laid down period. By
looking into the fracture sustained by the petitioner, at least
three months’ time is required for her to recover. During that
period, she was not in a position to work. Hence, it is
reasonable to award compensation of Rs.30,000/- under the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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head of “loss of income during laid up period”. In all, the
compensation is awarded under the following heads:

Sl. Amount in
Heads
No. Rs.
1 Loss of future income 2,22,600/-
2 Pain and suffering 30,000/-
3 Medical expenses 66,600/-
4 Transportation and conveyance 10,000/-
charges
5 Loss of amenities, attendance 20,000/-
charges, nutrition and diet
6 Loss of income during laid up 30,000/-
period
TOTAL 3,79,200/-

32. Thus, the petitioner is entitled to receive
compensation of Rs.3,79,200/- as against Rs.2,45,725/- as
awarded by the Tribunal.

33. Accordingly, point No.(i) is answered partly in the
affirmative.

34. Regarding point No.(ii) : In view of the findings
on point No.(i), this Court proceeds to pass the following:
ORDER

(i) The appeal filed by the petitioners in MFA
No.102001/2024 (MVC No.5/2020) and the
appeal filed by the petitioner in MFA
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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No.102002/2024 (MVC No.2/2020) are
allowed in part.

(ii) The impugned judgment and award passed
by the Tribunal is modified.

(iii) The petitioners in MVC No.5/2020 are
entitled to receive compensation of
Rs.6,51,000/- as against Rs.6,40,000/-
awarded by the Tribunal.

(iv) The petitioner in MVC No.2/2020 is entitled
to receive compensation of Rs.3,79,200/-
as against Rs.2,45,725/- awarded by the
Tribunal.

(v) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.

(vi) Respondent No.3/Insurance Company shall
deposit the enhanced compensation with
accrued interest before the Tribunal within a
period of six weeks from the date of receipt
of certified copy of this judgment.

(vii) Draw modified award accordingly.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026

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(viii) Registry to transmit the Trial Court Records
forthwith.


(ix) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are accordingly
disposed of.

Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026


(K.G.SHANTHI)
JUDGE

SMM
List No.: 1 Sl No.: 34