SMT. V JANSI W/O LATE V KOTESHWARA RAO vs SRI. LAL PATEL INGANKAL S/O SAHIB PATEL
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17475
MFA No. 100163 of 2023
CNR: KAHC020172542021
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 100163 OF 2023 (MV-D)
BETWEEN:
SMT. V. JANSI
W/O. LATE V. KOTESHWARA RAO,
AGED ABOUT 75 YEARS,
SENECURE, R/O. M. B. COLONY,
HAGARIBOMMANAHALLI,
TQ: HAGARIBOMMANAHALLI,
DIST: BALLARI 583201.
…APPELLANT
(BY SRI. B. SHARANABASAWA, ADVOCATE)
AND:
1. SRI. LAL PATEL INGANKAL
S/O. SAHIB PATEL,
AGED ABOUT: 33 YEARS,
OCC: DRIVER OF KSRTC BUS
NO.KA40, F-1082,
SHIVAMOGGA DEPOT,
R/O. YELGOD VILLAGE,
TQ: SINDAGI,
DIST: VIJAYPUR-592831.
2. THE DIVISIONAL CONTROLLER,
KSRTC, DIVISIONAL OFFICE,
SHIVAMOGGA-562012.
…RESPONDENTS
(BY SRI.T. HANUMAREDDY, ADVOCATE FOR R1;
SRI. S.C. BHUTI, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED
19.03.2020 PASSED BY THE SENIOR CIVIL JUDGE AND MACT-XII, AT
HAGARIBOMMANAHALLI, IN M.V.C.NO.171/2019, BY ENHANCING
THE COMPENSATION AS CLAIMED IN CLAIM PETITION, IN THE
INTEREST OF JUSTICE AND EQUITY.
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HC-KAR
NC: 2026:KHC-D:17475
MFA No. 100163 of 2023
CNR: KAHC020172542021
THIS APPEAL, 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 judgment and award dated
19.03.2020 passed in MVC No.171/2019 by the Senior
Civil Judge and M.A.C.T.-XIII at Hagaribommanahalli, (for
short, ‘the Tribunal’) the Petitioner being Appellant
preferred this appeal and prayed for enhancement of the
compensation.
2. Parties are hereinafter referred to as per their
ranking before the Tribunal for the sake of convenience.
3. Brief facts of the case are that on 10.02.2018,
about 10.00 p.m., the deceased Koteshwara Rao was
proceeding on a motorcycle bearing Reg. No.KA-35/Y-
6075 with Ram Babu from old H.B. Halli to their house at
M.B Colony and they reached near APMC Check Post, at
that time a KSRTC bus bearing No.KA-40-F-1082, driven
in a rash and negligent manner, and dashed to the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
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HC-KAR
NC: 2026:KHC-D:17475
MFA No. 100163 of 2023
CNR: KAHC020172542021
motorcycle, causing the death of Koteshwara Rao on the
spot. The deceased was aged about 75 years and he was
doing agriculture work and earning Rs.50,000/- per
month, and the sole breadwinner of the family.
Accordingly, Petitioner filed petition for claiming
compensation.
4. Upon notice, Respondent No.1 and 2 appeared
through their counsels and Respondent No.2 filed its
objections denying the averments of the petition regarding
the deceased’s age, income, occupation and manner of
accident and contended that the accident occurred due to
the negligence of the deceased and the motorcycle rider,
and that the KSRTC bus driver was not negligent. It is
further contended that the petitioner was liable to be
dismissed for non-joinder of necessary parties, the
compensation claimed was excessive and an interim
compensation of ₹15,000/- had been paid to the
deceased’s wife, which should be deducted from the
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MFA No. 100163 of 2023
CNR: KAHC020172542021
award, if any sought for dismissal of the petition with
costs.
5. On the basis of said contentions of the parties,
the Tribunal has framed the following issues:
“ISSUES
1 . Whether the petitioner proves that the accident in
question occurred on 10.02.2018 at about 10.00
p.m. near APMC Check Post, Old H.B.Halli is an
account of rash and negligent driving of the
driver of KSRTC bus bearing No.KA-40-F-1082
and caused death of V Koteshwara Rao S/o
Raghavayya?
2. Whether petitioner is entitled for compensation? If
so how much and from whom?
3. What order or award?”
6. Before the Tribunal, the Petitioner herself
examined as PW1 and got marked 6 documents as Exs.P.1
to P.6. On the other hand, the Respondent No.1 has been
examined as R.W.1 and a document has been marked as
Ex.R.1.
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NC: 2026:KHC-D:17475
MFA No. 100163 of 2023
CNR: KAHC020172542021
7. On hearing the argument, the Tribunal allowed
the petition in part by fastening liability on the Respondent
No.2 and awarded the compensation under the following
heads:
Sl. Amount in
Heads
No. Rs.
1 Loss of Dependency. Rs.2,40,000/-
2 Towards Funeral expenses. Rs.15,000/-
3 Loss of Estates. Rs.15,000/-
4 Loss of Consortium. Rs.40,000/-
Total Rs.3,10,000/-
8. Aggrieved by the same, the Petitioner filed this
appeal.
9. Learned counsel for the Appellant argued that
the income assessed by the Tribunal is on the lower side,
the Tribunal deducted 50% of the income of the deceased
towards his personal living expenses. On the other hand,
rd
the Tribunal ought to have deducted 1/3 of his income
towards the personal living expenses. Further argued that
the Tribunal ought to have awarded 10% escalation under
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MFA No. 100163 of 2023
CNR: KAHC020172542021
the head of loss of consortium, funeral expenses and loss
of estate.
10. Learned counsel Sri.S.C.Bhuti argued that the
Tribunal deducted 50% of the income of the deceased
towards his personal living expenses as he died leaving
behind the Petitioner alone as his dependant. Further
argued that the Tribunal awarded 8% interest on
compensation amount which is an excessive.
11. Heard the arguments and perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
i) Whether the Petitioner is entitled for
enhancement of compensation?
ii) What order?
12. Points framed by this Court for consideration
are answered as follows:
Point No.(i) : In the affirmative.
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MFA No. 100163 of 2023
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Point No.(ii) : As per the final order, for the
following:
REASONS
13. Regarding point No.(i): It is undisputed fact
that the deceased died in the accident living behind the
Petitioner. According to the Petitioner, the deceased was
an agriculturist and he was earning Rs.50,000/- per
month, but no document has been produced before the
Tribunal to assess the income of the deceased. This
accident occurred in the year 2018. So as per the
guidelines issued by the Karnataka Legal Service
Authority, the notional income of the deceased at ₹11,750
per month to be taken into consideration to assess the
loss of dependency. As per the postmortem report, the
deceased died at the age of 75 years. So adding the future
prospectus does not arise. In view of the decision in case
of Sarla Verma and others V. Delhi Transport
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MFA No. 100163 of 2023
CNR: KAHC020172542021
1
Corporation and another , the applicable multiplier
would be ‘5’. In this case, the deceased died leaving
behind his wife and has no other dependents. So the
Tribunal rightly deducted 50% of the income of the
deceased towards his personal living expenses. So
₹3,52,500/- is awarded under the head of loss of
dependency.
14. In view of the decision of the Hon’ble Supreme
Court in the case of Magma General Insurance Co.
2
Limited v. Nanu Ram & Others , and in the case of
National Insurance Company Limited v. Pranay
3
Sethi , the Petitioner entitled for ₹40,000/- under the
head ‘loss of consortium’, along with 10% escalation.
Accordingly, ₹44,000/- is awarded under the head ‘loss
of consortium’ .
15. Further, a compensation of ₹15,000/- is
awarded under the head ‘loss of estate’ along with 10%
1
2009 ACJ 1298
2
2018 ACJ 2782
3
(2017) 16 SCC 680
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MFA No. 100163 of 2023
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escalation and a compensation of ₹15,000/- is awarded
under the head ‘funeral expenses’ along with 10%
escalation charges. Therefore, under this head ₹16,500/-
is awarded for each respectively.
16. Accordingly, the Petitioner would be entitled for
compensation under various heads as under:
Sl.
No.
Heads. Amount in
(₹)
1. Towards loss of dependency. ₹3,52,500/-
2. Towards loss of consortium. ₹44,000/-
3. Towards loss of estate. ₹16,500/-
4. Towards funeral expenses. ₹16,500/-
Total: ₹4,29,500/-
17. Thus, the Petitioner is entitled for total
compensation of ₹4,29,500/- , as against ₹ 3,10,000/-
awarded by the Tribunal. Accordingly, point No.(i) is
answered in the affirmative .
18. Regarding point No.(ii) : In view of the
finding point No.(i), this Court proceeds to pass the
following:
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HC-KAR
NC: 2026:KHC-D:17475
MFA No. 100163 of 2023
CNR: KAHC020172542021
ORDER
i) The appeal filed by the Petitioner is partly
allowed .
ii) The impugned judgment and award passed
by the Tribunal is modified holding that the
Petitioner is entitled for enhanced
compensation of ₹4,29,500/- as against
₹3,10,000/- awarded by the Tribunal with
interest at 6% per annum from the date of
petition till realization.
iii) Respondent No.2 shall deposit the
compensation amount with accrued interest
before the Tribunal within a period of 8
weeks from the date of receipt of certified
copy of this judgment.
iv) Draw modified decree accordingly.
v) No order as to costs.
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MFA No. 100163 of 2023
CNR: KAHC020172542021
vi) In view of disposal of the appeal, the
pending interlocutory applications, if any,
stand disposed of.
vii) Registry to transmit the TCR to the Tribunal
forthwith.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 06-11-2026
(K.G.SHANTHI)
JUDGE
SSP
List No.: 1 Sl No.: 41