SMT LAKSHMI @ LAKSHMIDEVI vs RAVI P
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54802
MFA No. 5976 of 2021
CNR: KAHC010343442021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 5976 OF 2021
(MV-D)
BETWEEN:
1. SMT. LAKSHMI @ LAKSHMIDEVI,
W/O LATE THIPPESWAMY,
AGED ABOUT 27 YEARS,
HOUSE WIFE,
R/O KOGGANURU VILLAGE,
DAVANAGERE TALUK AND
DISTRICT – 570 002.
2. AMRUTH,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
S/O LATE THIPPESWAMY,
AGED ABOUT 10 YEARS,
STUDENT.
SINCE MINOR
REPRESENTED BY THEIR
NATURAL GUARDIAN/MOTHER
APPELLANT NO.1
R/O KOGGANURU VILLAGE
DAVANAGERE TALUK AND
DISTRICT – 570 002.
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MFA No. 5976 of 2021
CNR: KAHC010343442021
3. PARASHURAM,
S/O THIPPESWAMY,
AGED ABOUT 8 YEARS,
SINCE MINOR
REPRESENTED BY THEIR
NATURAL GUARDIAN/MOTHER
APPELLANT NO.1
R/O KOGGANURU VILLAGE
DAVANAGERE TALUK AND
DISTRICT – 570 002.
4. VARSHINI,
D/O LATE THIPPESWAMY,
AGED ABOUT 5 YEARS,
SINCE MINOR
REPRESENTED BY THEIR
NATURAL GUARDIAN/MOTHER
APPELLANT NO.1
R/O KOGGANURU VILLAGE
DAVANAGERE TALUK AND
DISTRICT – 570 002.
5. NAGARAJAPPA A. K.,
S/O LATE HANUMANTHAPPA,
AGED ABOUT 65 YEARS,
R/O KOGGANURU VILLAGE,
DAVANAGERE TALUK AND
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MFA No. 5976 of 2021
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DISTRICT – 570 002.
6. YELLAMMA,
W/O NAGARAJAPPA A. K.,
AGED ABOUT 58 YEARS,
R/O KOGGANURU VILLAGE
DAVANAGERE TALUK AND
DISTRICT – 570 002.
…APPELLANTS
(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
1. RAVI P.,
S/O RAMASWAMY,
AGED ABOUT 49 YEARS,
R/AT DOOR NO.68, E.R.A.,
RAMALINGAM STREET,
RASHIPURAM NAMKKAL,
TAMILNADU – 637 408.
2. ASHOKKUMAR K.,
S/O KANJAMALI,
AGED MAJOR,
R/O PANAMARATHUPATTI
NAMAKKAL SELUM,
TAMILNADU - 636 202.
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HC-KAR
NC: 2026:KHC:54802
MFA No. 5976 of 2021
CNR: KAHC010343442021
3. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE
COMPANY LIMITED,
DIVISIONAL OFFICE,
34/3, M M K COMPLEX,
AKKAMAHADEVI ROAD,
P. J. EXTENSION,
DAVANAGERE – 570 002.
…RESPONDENTS
(BY SRI. P. B. RAJU., ADVOCATE FOR R3;
R1 AND R2 ARE D/W)
----
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.02.2021, PASSED IN
MVC.NO.357/2018, ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL AND M.A.C.T.-VI AT DAVANAGERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:54802
MFA No. 5976 of 2021
CNR: KAHC010343442021
ORAL JUDGMENT
1. This appeal has been filed by the appellant
Nos.1 to 6 seeking enhancement of compensation, being
aggrieved by the judgment and award dated 16.02.2021
passed in MVC No.357/2018 on the file of the II Addl.
Senior Civil & MACT-VI, Davanagere, (for short,
‘Tribunal’), wherein the Tribunal has awarded
compensation of Rs.18,35,400/- with interest at 9% p.a.,
from the date of petition till realization.
2. The rank of the parties will be considered
henceforth as per their rankings before the Trial Court.
Factual matrix of the case:
3. The facts of the case is that on 18.03.2018 at
about 5:00 p.m., the deceased-Thippeswamy was
returning from Davangere in a TATA Magic auto bearing
Reg.No.KA-17-C-8848. At that time, the respondent no.1
drove the Canter lorry bearing Registry is directed to n.
TN-30-AM-5584 in a rash and negligent manner and
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MFA No. 5976 of 2021
CNR: KAHC010343442021
dashed against the said auto. Due to the accident, the
deceased sustained grievous injuries and was immediately
shifted to the hospital. However, on 30-03-2018 at about
2:00 a.m., he succumbed to the injuries. Therefore, a
claim petition was filed by the legal representatives of the
deceased before the Tribunal.
4. Heard Sri. Gopalakrishnamurthy C., learned
counsel for appellants and Sri. P.B. Raju, learned counsel
for respondents.
5. Learned counsel for the appellants submits that
the compensation awarded by the Tribunal is on the lower
side. In fact, the deceased left behind his aged parents,
his wife, and three minor children, among whom petitioner
No.3 is permanently blind. He further stated that the
deceased was the sole earning member of his family.
However, the Tribunal failed to award suitable
compensation without properly considering the family
conditions and avocation of the deceased. Therefore, this
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MFA No. 5976 of 2021
CNR: KAHC010343442021
failure resulted in passing the impugned judgment and
award that warrants modification.
Per Contra
6. , learned counsel representing the
respondents vehemently justified the judgment and award
passed by the Tribunal and stated that the award passed
by the Tribunal is proper and appropriate and there are no
grounds to interfere with the said findings. The calculation
has been done in accordance with law and the
compensation has been awarded on each conventional
heads properly. Therefore, it is not appropriate to grant
any relief as prayed for. Making such submissions, learned
counsel for respondent No.3 – Insurance Company prays
to dismiss the appeal.
7. Having heard learned counsel for the respective
parties and on perusal of the findings of the Tribunal, it
appears that the deceased is aged about 30 years as on
the date of incident. As per the judgment of the Hon’ble
Supreme Court 40% of future prospectus has to be added
towards the income which is not considered by the Trial
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MFA No. 5976 of 2021
CNR: KAHC010343442021
Court. Loss of consortium towards dependency has to be
considered for Rs.44,000/- each and Rs.10,000/- has to be
added towards loss of love and affection.
8. Consequently, the award of the Tribunal is
modified and the claimants are entitled to compensation
under various heads as follows:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Towards loss of
dependency
(12,500 + 40% x ¾ x
12 x 17)
13,77,000 26,77,500
02 Towards loss of estate 15,000 15,000
03 Towards funeral
expenses
15,000 15,000
04 Towards loss of spousal
consortium
40,000 44,000
05. Towards loss of
parental consortium
towards children
1,20,000 1,32,000
06 Towards loss of filial
consortium to each of
the parents
80,000 88,000
07. Towards loss of love
and affection
10,000 20,000
08. Medical and Travelling
expenses
1,78,359 1,78,359
TOTAL 18,35,359 31,69,859
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HC-KAR
NC: 2026:KHC:54802
MFA No. 5976 of 2021
CNR: KAHC010343442021
9. In the light of the observations made above, I
proceed to pass the following:
ORDER
i) This Miscellaneous First Appeal is
allowed in part.
ii) The judgment and award dated
16.02.2021 passed in MVC No.357/2018
on the file of learned II Addl. Senior Civil
Judge and MACT-VI, Davanagere, is
modified, granting compensation of
Rs.31,69,859/- (Rupees Thirty One Lakhs
Sixty Nine Thousand Eight hundred Fifty
Nine only) as against Rs.18,35,359/-
awarded by the Tribunal.
iii) The claimants are entitled for enhanced
compensation of Rs.13,34,500/-
(Thirteen Lakhs Thirty Four Thousand
Five Hundred Only) with interest at the
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MFA No. 5976 of 2021
CNR: KAHC010343442021
rate of 6% per annum from the date of
this appeal till realisation.
iv) The enhanced compensation amount shall
be deposited by the Insurance Company
within a period of six weeks from date of
receipt of the certified copy of this
judgment.
v) The Registry is directed to communicate
the order to the Tribunal and send the
records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NM/-
List No.: 1 Sl No.: 41