SMT PUSHPALATHA B R vs SRI DHANANJAYA K S
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 5959 OF 2026
(MV-D)
BETWEEN:
1. SMT. PUSHPALATHA B R
W/O LATE S DEVARAJU
AGED ABOUT 46 YEARS.
2. KUM.KEERTHANA. D
D/O LATE S DEVARAJU
AGED ABOUT 20 YEARS
RESIDING AT ADGUR VILLAGE
AT POST, GUBBI TALUK
TUMAKURU DISTRICT.
NOW RESIDING AT:
C/O B SHABHU
KUVEMPUNAGARA
TUMKURU TOWN.
…APPELLANTS
(BY SRI GURUDEVA PRASAD K T, ADVOCATE)
AND:
1. SRI DHANANJAYA K S
S/O SWAMINATHA K.S
AGED ABOUT 37 YEARS
R/O: BOMMARASANAHALLI VILLAGE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
KOTTA POST, SIRA TALUK
TUMKURU DISTRICT.
2. THE MANAGER,
M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
ST
No.105/A, 1 FLOOR, CEARS PLAZA
136, RESIDENCY ROAD
BENGALURU-560 025.
…RESPONDENTS
(BY SRI P S JAGADISH, ADVOCATE FOR R2
V/O DTD. 28.08.2026 NOTICE TO R1 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:11-01-2022
PASSED IN MVC No.212/2018 ON THE FILE OF THE III ADDL.
DISTRICT JUDGE AND MACT, 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
ORAL JUDGMENT
1. This appeal is filed by the claimants seeking
enhancement of compensation awarded in the judgment
and award dated 11.01.2022 passed in MVC No. 212/2018
by the III Additional District Judge and MACT, Tumakuru.
2. Appellants – claimants made a claim petition
praying to award compensation for the death of S.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
Devaraju (husband of claimant No. 1 and father of
claimant No. 2) in a road traffic accident that occurred on
18.11.2017 due to the rash and negligent driving by the
driver of lorry bearing registration No. KA-44-1717. The
Tribunal after recording evidence, appreciating the
evidence on record, assessed the compensation and
awarded compensation under different heads as under:
1. Loss of dependency Rs.25,24,392/-
2. Loss of consortium Rs.40,000/-
3. Towards funeral expenses Rs.15,000/-
4. Loss of estate Rs.15,000/-
Total Rs.25,94,392/-
3. 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.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
4. Heard learned counsel for appellants –
claimants and learned counsel for respondent No. 2 –
Insurer.
5. The accident occurred on 18.11.2017. The
Tribunal has taken the age of the deceased as 46 years
based on the date of birth mentioned in Ex.P.9 – Aadhar
Card.
6. Learned counsel for appellant submits that in
Ex.P.4 – Inquest Mahazar and Ex.P.5 – Postmortem report
age of the deceased is mentioned as 44 years and the
same is to be taken.
7. Learned counsel for respondent No.2 – Insurer
would contend that age will be mentioned in the Aadhar
card based on documents and therefore considering the
same the Tribunal has rightly taken the age of the
deceased as per his Aadhar card.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
8. Age of the deceased will be mentioned in the
Postmortem report and Inquest Mahazar based on the
Police documents without any proof of date of birth. In the
Aadhar card age will be mentioned based on the
documents. Therefore, the Tribunal has rightly taken the
age of the deceased, based on Ex.P.9 – Aadhar card, as 46
years.
9. Learned counsel for appellant would contend
that the deceased had agricultural lands as per Ex.P.12 –
RTCs and therefore, his agricultural income is to be added
to his salary income.
10. Said agricultural lands, even after the death of
the deceased, will remain with the claimants who are the
wife and daughter and they will get agricultural income.
Since the deceased was working as a full time employee
with Kirloskar Company he cannot contribute his service in
getting agricultural income. Therefore, agricultural income
cannot be added to the salary income of the deceased.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
11. Claimants are the wife and minor daughter of
the deceased. The Tribunal has awarded consortium in a
sum of Rs.40,000/-. Both the claimants are entitled to
consortium in a sum of Rs.40,000/- each. Therefore,
claimants are entitled to consortium in a sum of
Rs.80,000/- (Rs.40,000 X 2) as against Rs.40,000/-
awarded by the Tribunal.
12. The Tribunal has rightly awarded funeral
expenses in a sum of Rs.15,000/- and loss of estate in a
sum of Rs.15,000/-.
13. Considering the above aspects claimants are
entitled to enhanced compensation of Rs.40,000/- with
interest at the rate of 6% p.a. from the date of petition till
the date of realization. Claimants are not entitled to
interest for the delay period of 1531 days in filing the
appeal as per the order dated 11.11.2026 passed on I.A.
No. 1/2026. 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
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HC-KAR
NC: 2026:KHC:62120
MFA No. 5959 of 2026
CNR: KAHC010552032026
14. 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.40,000/- 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 not entitled to interest for the
delay period of 1531 days in filing the appeal.
e. Appellants – claimants are entitled to release of
enhanced compensation in the ratio of 50 : 50.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 28
Ct.sm