KARIYANNA vs CHAKKALA MUDLAPPA GARI KRISHTAPPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.8547 OF 2023(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO.8548 OF 2023(MV-D)
IN MFA No. 8547/2023
BETWEEN:
1. KARIYANNA,
S/O. ERAKARIYANNA,
AGED ABOUT 48 YEARS,
2. SHIVAMMA,
W/O. KARIYANNA,
AGED ABOUT 41 YEARS,
3. SRIDHARA. D. K.,
S/O. KARIYANNA,
AGED ABOUT 19 YEARS,
ALL ARE RESIDING AT:
DINNEGOLLARAHATTI VILLAGE,
I.D. HALLI HOBLI,
MADHUGIRI TALUK,
TUMAKURU DISTRICT.
…APPELLANTS
(BY SRI SATHISHA T., ADVOCATE)
Digitally Signed By:
K B GEETHA
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NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
AND:
1. CHAKKALA MUDLAPPA
GARI KRISHTAPPA,
S/O. MUDLAPPA,
AGED ABOUT 38 YEARS,
RESIDING AT C/O. RADHAMMA,
W/O. T. VENKATESH,
PATAHAGANAHALLI,
KOLALA HOBLI, KORATAGERE TALUK,
TUMAKURU DISTRICT - 572 101.
2. THE MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
BALAJI TOWERS, 1ST FLOOR,
ASHOKA NAGAR, B.H. ROAD,
TUMAKURU DISTRICT,
NOW REPRESENTED BY
THE MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
REGIONAL OFFICE NO.28,
5TH FLOOR, EAST WING,
CENTENARY BUILDING, M.G. ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI B. PRADEEP, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
31.01.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.05.2023 PASSED IN MVC
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
NO.1160/2020 ON THE FILE OF THE IV ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT
MADHUGIRI AND MACT, MADHUGIRI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 8548/2023
BETWEEN:
1. NIRMALA,
W/O. LATE SUNILKUMAR,
AGED ABOUT 29 YEARS,
2. HEMANTH YADAV,
S/O. LATE SUNILKUMAR,
AGED ABOUT 12 YEARS,
APPELLANT NO.2 IS MINOR,
REPRESENTED BY
NATURAL GUARDIAN MOTHER,
NIRMALA,
W/O. LATE SUNIL KUMAR,
3. THIMMAKKA,
S/O. JAYANNA,
AGED ABOUT 48 YEARS,
4. JAYANNA,
S/O. LATE CHITHAIAH,
AGED ABOUT 50 YEARS,
ALL ARE RESIDING AT
DINNEGOLLARAHATTI VILLAGE,
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
I.D. HALLI HOBLI,
MADHUGIRI TALUK,
TUMKURU DISTRICT.
...APPELLANTS
(BY SRI SATHISHA T., ADVOCATE)
AND:
1. CHAKKALA MUDLAPPA
GARI KRISHTAPPA,
S/O. MUDLAPPA,
AGED ABOUT 38 YEARS,
RESIDING AT C/O. RADHAMMA,
W/O. T. VENKATESH, PATAHAGANAHALLI,
KOLALA HOBLI, KORATAGERE TALUK,
TUMAKURU DISTRICT - 572 101.
2.
THE MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
BALAJI TOWERS, 1ST FLOOR,
ASHOKA NAGAR, B.H. ROAD,
TUMAKURU DISTRICT,
NOW REPRESENTED BY
THE MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
REGIONAL OFFICE NO.28,
5TH FLOOR, EAST WING,
CENTENARY BUILDING, M.G. ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI B. PRADEEP, ADVOCATE FOR R2;
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED
30.01.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.05.2023 PASSED IN MVC
NO.1161/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI,
MACT, MADHUGIRI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
ORAL JUDGMENT
These are the appeals filed under Section 173(1) of
Motor Vehicles Act, 1988 (in short, 'MV Act') by the
respective claimants/appellants not satisfied with the
compensation awarded in the judgment and award dated
20.05.2023 in MVC Nos.1160/2020 and No.1161/2020
respectively on the file of IV Additional District and
Sessions Judge, Tumakuru sitting at Madhugiri and MACT
Madhugiri (in short 'the Tribunal').
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
2. The parties would be referred with their ranks,
as they were before the Tribunal for the sake of
convenience and clarity.
3. The case of the claimants before the Tribunal in
nutshell is that on 09.10.2020 the deceased Harisha and
Sunilkumar were returning to their village after completing
their work in Madhugiri on the Motorcycle Splendor Plus
bearing registration No. KA-64/S-7095. Sunilkumar was
riding the Motorcycle and Harisha was its pillion rider.
When they were proceeding near Mahalingappa's petty
shop at Giriammanapalya Village, Madhugiri road within
Medigeshi Hobli, Madhugiri Taluk at 08.45 p.m., on the left
side of the road a TATA ACE bearing registration No. KA-
64-0619 (in short 'offending vehicle') driven by its driver
with high speed, rash and negligent manner coming from
Madhugiri side and dashed against the Splendor Plus
Motorcycle on backside. Due to the said accident, Harisha
and Sunilkumar fell down and sustained grievous injuries
and succumbed to those injuries on the spot. Hence, the
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
claimants in MVC No.1160/2020 being the father, mother
and younger brother of the deceased-Harisha and
claimants in MVC No.1161/2020 being the wife, minor son
and parents of the deceased-Sunilkumar claimed
compensation under different heads.
4. After service of notice, the respondents
appeared and filed separate objections. The respondent
No.1 admitted that he is the RC owner of TATA ACE
vehicle and contended that it is validly insured with the
respondent No.2 and the driver was having valid driving
license, fitness Certificate as on the date of accident. The
respondent No.2 denied its liability and contended that the
said offending vehicle was falsely implicated in the
accident and that the accident occurred solely due to rash
and negligent riding of the rider of the motorcycle and at
the time, he was not holding driving license.
5. After framing issues, recording evidence, and
hearing arguments of both sides, the Tribunal concluded
that the accident happened due to rash and negligent
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
driving of the offending vehicle and the driver of the
offending vehicle was holding valid driving license as on
the date of accident; thus, fastened on the Insurance
Company to pay the compensation and awarded the
compensation to the claimants under the following heads:
In MFA No.8547/2023 (MVC No.1160/2020)
1 Loss of dependency ` 15,66,000/-
Loss of estate and love and
`50,000/-
2
affection
3 Funeral expenses `25,000 /-
Loss of filial and parental
Nil
4
consortium
Total ` 16,41,000 /-
In MFA No.8548/2023 (MVC No.1161/2020)
1 Loss of dependency ` 19,72,000/-
Loss of estate and love and
`80,000/-
2
affection and consortium
3 Funeral expenses `25,000 /-
Loss of filial and parental
Nil
4
consortium
Total
` 20,77,000/-
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
6. Not satisfied with the said compensation
amount awarded by the Tribunal, the claimants in both
cases are before this Court in these appeals.
7. Heard arguments of both sides.
8. The learned counsel for the appellant -
Sri Satisha. T would submit that the claimants in MFA
8547/2023 are the parents and younger brother of the
deceased - Harisha; the deceased was aged about 19
years at the time of the accident; he was working in the
Provision store at Madhugiri and also doing agriculture
`
work; he was getting income of 25,000/- p.m., the
appellants were fully dependent on the earnings of the
deceased. The income assessed by the Tribunal is on lower
side and the compensation awarded by the Tribunal on
other conventional heads is on lower side. The Tribunal
has not added future prospects to the income of the
deceased and has not awarded compensation towards loss
of parental consortium. Hence, prayed for enhancement of
compensation.
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
9. The learned counsel for the appellant would
further submit that the claimants in MFA 8548/2023 are
the wife, minor son and parents of the deceased
Sunilkumar. The deceased was aged about 28 years at the
time of the accident; he was working in a hotel situated
opposite to KSRTC Bus Stand, Madhugiri and was also
doing agriculture work and was getting salary of ` 30,000/-
per month. The appellants were fully dependent on the
earnings of the deceased. The income assessed by the
Tribunal is on lower side and the compensation awarded
by the Tribunal on other conventional heads is on lower
side. The Tribunal has not added future prospects to the
income of the deceased and has not awarded towards loss
of parental and spousal consortium. Hence, prayed for
enhancement of the compensation.
10. The learned counsel for the respondent No.2 -
Sri B. Pradeep would submit that the compensation
awarded by the tribunal on all heads in both cases is just
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
and reasonable and it requires no interference and hence
prayed for dismissal of both the cases.
11. Having heard the arguments of both sides and
verifying the appeal papers, the point that would arise for
consideration is:
“Whether the claimants/appellants in both
cases are entitled for enhancement of
compensation?”
12. The finding of this Court on above point is in
Affirmative for the following:
REASONS
13. The facts which are established before the
Tribunal are that on 09.10.2020 at 08.45 p.m., the
deceased persons-Harisha and Sunilkumar have sustained
fatal injuries in the road traffic accident that has taken
place near Mahalingappa's petty shop at Giriammanapalya
village Madhugiri road involving the Motorcycle Splendor
Plus and the offending vehicle.
Digitally Signed By:
K B GEETHA
- 12 -
HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
14. In MVC No.1160/2020 (MFA No.8547/2023),
the claimants are the parents and younger brother of the
deceased. The age of the deceased was 19 years as per
the findings of the Tribunal. Considering it, the Tribunal
has taken the notional income, multiplier and deductions
in an appropriate manner. However, the Tribunal has not
added 40% of future prospects to the income as per the
guidelines of National Insurance Co. Ltd Vs Pranay
Sethi reported in 2017 (16) SCC 680 . Hence, the
claimants are entitled for ` 14,500/- + 40% x 12 x 18 x
` `
50%= 21,92,400/- instead of 15,66,000/- awarded by
the Tribunal towards 'loss of dependency'.
15. The Tribunal has not at all awarded the
compensation towards 'parental consortium'. However,
granted compensation only under the head 'loss of love
and affection'. Hence, by placing reliance on the judgment
of Hon'ble Apex Court in Pranay Sethi's case cited Supra
and Magma General Insurance Company Ltd. vs.
Nanu Ram @ Chuhru Ram and ors. reported in 2009
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
(6) SCC 121 this Court holds that the claimant Nos.1 and
2 being the parents of deceased are entitled for 'parental
consortium' of ` 40,000/- each + 10% + 10% escalation
charges instead of compensation only under the head 'loss
of love and affection'. The Tribunal has not awarded the
compensation in accordance with Pranay Sethi's case
cited Supra under other conventional heads i.e., 'loss of
estate', 'transportation of dead body and funeral
expenses'.
16. By placing reliance on Pranay Sethi's case,
`
claimants are entitled for 15,000/- + 10% + 10%
escalation charges each under these two heads. Thus the
claimants in MVC No.1160/2020 (MFA No.8547/2023) are
entitled for total amount of ` 23,25,500/- instead of
` 16,41,000/- awarded by the Tribunal under following
heads:
1 Loss of dependency
` 21,92,400/-
`96,800/-
2 Parental consortium
`18,150
3 Loss of estate /-
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
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CNR: KAHC010677872023
Transportation of dead
4 body and funeral
expenses
`18,150/-
Total ` 23,25,500/-
17. In MVC No.1161/2020 (MFA No.8548/2023),
the claimants are the wife, minor child and parents of the
deceased, his age was 28 years as on the date of accident.
Considering it, the Tribunal has taken the notional income,
multiplier and deductions in an appropriate manner; but
the Tribunal has not added 40% future prospects as per
the judgment of Pranay Sethi's case cited supra.
18. Hence, the claimants are entitled for ` 14,500/-
+ 40% x 12 x 17 x 2/3rd = ` 27,60,800/- towards 'loss of
dependency' instead of ` 19,72,000/- awarded by the
Tribunal. The Tribunal has not properly assessed the
compensation under the head 'loss of consortium' but it
has awarded some compensation under the head loss of
'love and affection' and 'loss of consortium' which is not in
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
accordance with the judgment of Hon'ble Apex Court in
Pranay Sethi's case cited Supra.
19. Hence, by placing reliance on the judgment of
Hon'ble Apex Court in Pranay Sethi's case cited Supra
and Magma General Insurance Company Ltd.'s case
cited supra, this Court holds that the claimant Nos.1 to 4
being wife, minor child and the parents of deceased are
entitled for 'spousal, filial and parental consortium' of
` 40,000/- each + 10% + 10% escalation charges
( ` 48,400/- × 4 = ` 1,93,600/-) instead of compensation
only under the head 'loss of love and affection'. The
Tribunal has not awarded the compensation in accordance
with Pranay Sethi's case cited Supra under other
conventional heads i.e., 'loss of estate', 'transportation of
dead body and funeral expenses'.
20. By placing reliance on Pranay Sethi's case,
claimants are entitled for ` 15,000/- + 10% + 10%
escalation charges each under these two heads.
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:56780
MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
1 Loss of dependency ` 27,60,800/-
`1,93,600/-
2 Loss of consortium
3 Loss of estate `18,150 /-
Transportation of dead
4 `18,150/-
body and funeral expenses
Total ` 29,90,700/-
21. Thus claimants in MVC No.1160/2020 (MFA
No.8547/2023) are entitled for total amount of
` 23,25,500 /- instead of ` 16,41,000/- awarded by the
Tribunal and in MVC No.1161/2020 (MFA No.8548/2023)
`
are entitled for total amount of 29,90,700 /- instead of
`
20,77,000/- awarded by the Tribunal.
22. Thus, the claimants are entitled for enhanced
compensation of ` 23,25,500/- in MVC No.1160/2020 and
` 29,90,700/- in MVC No.1661/2020 with interest at
6% p.a.
23. Hence, this Court passes the following:
ORDER
a. The appeal filed under Section 173(1) of the
Motor Vehicles Act, 1988 is allowed in part .
Digitally Signed By:
K B GEETHA
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HC-KAR
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MFA No. 8547 of 2023
C/W MFA No. 8548 of 2023
CNR: KAHC010677872023
b. The Judgments and awards dated
20.05.2023 passed in MVC No.1160/2020
and No.1161/2020 on the file of IV Additional
District and Sessions Judge, Tumakuru
sitting at Madhugiri and MACT Madhugiri are
modified holding that the claimants are
entitled for total compensation of
` `
23,25,500/- as against 16,41,000/-
awarded in MVC No.1160/2020 (MFA
No.8547/2023) and ` 29,90,700 /- instead of
` 20,77,000/- awarded in MVC No.1161/2020
(MFA No.8548/2023) by the Tribunal.
c. The enhanced compensation shall carry
interest at 6% per annum from the date of
petition till realization.
d. The Insurance Company shall deposit the
compensation amount with accrued interest
before the Tribunal within a period of six
weeks from the date of receipt of certified
copy of this judgment.
Digitally Signed By:
K B GEETHA
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HC-KAR
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e. The Apportionment, disbursement and
deposit shall be as per the order of the
Tribunal.
f. No order as to costs.
g. Draw modified award accordingly.
Digitally Signed By:
K B GEETHA
(GEETHA K.B.)
JUDGE
LL
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