SHAHEENA BANU vs KUNTADEVI
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6181 OF 2026
(MV-D)
BETWEEN:
1. SHAHEENA BANU
W/O LATE MOHAMMAD DADAPEER
AGED ABOUT 36 YEARS.
2. MOHAMMED AWEAZ RAZA
S/O LATE MOHAMMAD DADAPEER
AGED ABOUT 14 YEARS.
3. NOORAKSA
D/O LATE MOHAMMAD DADAPEER
AGED ABOUT 11 YEARS.
APPELLANT Nos.2 AND 3 ARE
MINORS REPRESENTED BY THEIR
ST
NATURAL GUARDIAN MOTHER 1 APPELLANT
4. FAREEDS BI
W/O LATE MOHAMAD ALIM
AGED ABOUT 60 YEARS
APPELLANT Nos.1 TO 4 ARE
RESIDING AT NEAR URDU SCHOOL ROAD
HULIYAR TOWN, C.N.HALLI TALUK
NOW RESIDING AT
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
ND
ANTHARASANAHALLI, 2 CROSS
TUMAKURU CITY-572 106.
…APPELLANTS
(BY SRI. K. SHANTHA RAJ, ADVOCATE)
AND:
1. KUNTADEVI
S/O BABU LAL SHRMA
AGED MAJOR
R/AT GRAM, NANGLA
KESHRIYA POST
DORODA THE KATHUMAR
RAJASTHAN – 321 606.
2. THE MANAGER
NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE
KASTURI MANSION
M.G.ROAD, BEHIND KRISHNA TALKIES
TUMAKURU PIN CODE – 572 101.
…RESPONDENTS
(BY SRI C SHANKAR REDDY, ADVOCATE FOR R2
V/O DTD. 29.08.2026, NOTICE TO R1 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:28-11-2025
PASSED IN MVC No.1366/2023 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE, TUMAKURU PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
ORAL JUDGMENT
1. This appeal is filed by the claimants seeking
enhancement of compensation awarded in the judgment
and award dated 28.11.2025 passed in MVC No.
1366/2023 by the II Additional Senior Civil Judge and
MACT, Tumakuru.
2. Heard learned counsel for appellants –
claimants and learned counsel for respondent No. 2 –
Insurer.
3. Appellants – claimants made a claim petition
praying to award compensation for the death of
Mohammed Dadapeer (husband of claimant No. 1, father
of claimant Nos. 2 and 3 and son of claimant No. 4) in a
road traffic accident that occurred on 08.05.2023 due to
the rash and negligent driving by the driver of Tipper lorry
bearing registration No. RJ-05-GB-5082. The Tribunal after
recording evidence, appreciating the evidence on record,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
assessed the compensation and awarded compensation
under different heads as under:
1. Towards Loss of dependency Rs.23,62,500.00
2. Funeral expenses Rs.16,500.00
3. Loss of Estate Rs.16,500.00
4. Loss of spousal consortium Rs.44,000.00
5. Loss of parental consortium Rs.44,000.00
Total Rs.24,83,500.00
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed respondent No. 2 – Insurer to
deposit the said award amount with interest. Claimants
seeking enhancement of the compensation awarded, have
filed the present appeal.
5. Heard the learned counsel for appellant and
learned counsel for respondent No. 2 - Insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
6. The accident occurred on 08.05.2023. Ex.P.1 is
the Aadhar Card of the deceased and date of birth of the
deceased mentioned in it is 01.01.1985. The accident
occurred on 08.05.2023 and as on the date of accident his
age will be 38 years 4 months. Considering the same the
age of the deceased is to be taken as 38 years as against
40 years taken by the Tribunal. The multiplier applicable to
the said age is 15. The accident occurred in the year 2023
and notional income fixed for the said year is Rs.16,250/-
per month and the said income is to be taken as against
Rs.15,000/- taken by the Tribunal. Considering the age of
the deceased, future prospects are to be added at 40%.
rd
The Tribunal has rightly deducted 1/3 towards the
personal expenses of the deceased.
7. In view of the above loss of dependency is
calculated as under:
16,250 + (40%) = Rs.22,750/-
22,750 X 12 = Rs.2,73,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
Rs.2,73,000 – 1/3 = Rs.2,04,750/-
2,04,750 X 15 = Rs.30,71,250.
8. The Tribunal has awarded consortium only to 2
claimants adding 10% escalation. The claimants are wife,
two children and mother of the deceased and each of them
are entitled to consortium in a sum of Rs.40,000/- with
20% escalation since the accident has taken place after 6
National Insurance
years of the decision in the case of
Company Vs Pranay Sethi and Others reported in AIR
2017 SC 5157. Therefore claimants are entitled to
consortium in a sum of Rs.1,92,000/- (Rs.48,000 X 4).
9. The Tribunal has awarded loss of estate and
funeral expenses taking 10% escalation. Since the
accident occurred after 6 years in the case of Pranay
Sethi (supra) escalation is to be taken at 20%. Therefore
claimants are entitled to funeral expenses of Rs.18,000/-
and loss of estate of Rs.18,000/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
10. In view of the above, claimants are entitled to
total compensation under various heads as under:
1. Towards Loss of dependency Rs.30,71,250.00
2. Funeral expenses Rs.18,000.00
3. Loss of Estate Rs.18,000.00
4. Loss of consortium Rs.1,92,000.00
Total Rs.32,99,250.00
11. Claimants are entitled to total compensation of
Rs.32,99,250/- as against Rs.24,83,500/- awarded by the
Tribunal with interest at the rate of 6% per annum from
the date of petition till the date of realization.
Consequently claimants are entitled to enhanced
Rs.8
compensation of ,15,750/- with interest at the rate of
6% per annum of the date of petition till the date of
realization. Respondent No. 2 - Insurer is liable to pay the
said enhanced compensation with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57486
MFA No. 6181 of 2026
CNR: KAHC010579492026
12. In view of the above, the following;
O R D E R
a. Appeal is allowed in part.
b. Claimants are entitled to enhanced compensation
of Rs.8,15,750/- with interest at the rate of 6%
p.a. from the date of petition till the date of
realization.
c. Respondent No. 2 – Insurer shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.
d. Claimants are entitled to equal share in the
enhanced compensation.
e. T he share of appellant Nos. 2 and 3 - claimant
Nos. 2 and 3 - minors shall be kept in Fixed
Deposit in their names till they attain majority.
f. Appellant Nos. 1 and 4 – claimant Nos. 1 and 4
are entitled to release of their share in the
enhanced compensation amount.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 22
Ct.sm