SMT. FARZANA vs SRI AMAR C B
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 3775 OF 2026 (MV-D)
BETWEEN:
1. SMT. FARZANA,
W/O. LATE ABDUL HAMEED
AGED ABOUT 49 YEARS,
2.
MOHAMMED ZAINUDDIN ZIDAN
S/O. LATE ABDUL HAMEED
AGED ABOUT 19 YEARS
3. MOHAMMED ZIYAN
S/O. LATE ABDUL HAMEED
AGED ABOUT 17 YEARS
APPELLANT NO.3 IS MINOR
SINCE REP. BY HIS NATURAL GUARDIAN-
MOTHER APPELLANT NO.1
ALL ARE R/AT: PUMP HOUSE ROAD,
NEAR K.E.B, 3RD CROSS ROAD,
BELUR PATNA,
HASSAN DISTRICT - 573 201.
…APPELLANTS
(BY SRI. B. PRADEEP KUMAR, ADVOCATE FOR
SRI. RAJU S., ADVOCATE)
AND:
1. SRI. AMAR C.B.,
S/O. BOREGOWDA, MAJOR,
R/AT NO.532;2, GANDHINAGAR,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
8TH CROSS ROAD, MANDYA CITY,
MANDYA - 571 401.
2.
HDFC ERGO GENERAL
INSURANCE CO. LTD.,
NO.25/1,2ND FLOOR,
SHANKAR NARAYANA BUILDING,
M.G. ROAD, BENGALURU - 560 001
REP. BY ITS BRANCH MANAGER.
…RESPONDENTS
(BY SRI. D. VIJAY KUMAR, ADVOCATE FOR R2;
V/O. DTD. 10.06.2026, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03.01.2026 PASSED IN MVC
NO. 363/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC AND ADDITIONAL MACT, CHANNAPATNA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the claimants seeking
enhancement of compensation awarded in the Judgment
and Award dated 03.01.2026 passed in MVC No.363/2021
by the Principal Senior Civil Judge and JMFC and Additional
MACT, Channapatna.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellants and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
3. The appellants/claimants made a claim petition
seeking for award of compensation for the death of Abdul
Hameed in a road traffic accident occurred on 17.08.2021
contending that the accident occurred due to rash and
negligent driving by the driver of TATA Canter bearing
registration No.KA-11-B-7245.
4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:
Sl. No. Particulars Amount
1. Loss of dependency Rs. 19,50,000/-
2. Loss of estate Rs. 15,000/-
3. Loss of consortium Rs. 40,000/-
4. Funeral expenses Rs. 15,000/-
Total Rs. 20,20,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
realisation and directed respondent No.2/insurer to pay
the compensation awarded with interest. The claimants
have filed the present appeal seeking enhancement of
compensation.
6. Heard the learned counsel for appellants and
learned counsel for respondent No.2/insurer.
7. Learned counsel for appellant submits that the
claimants are wife and two minor children of the deceased
and the Tribunal has awarding loss of consortium only to
one claimant and the Tribunal has not added escalation at
10% on conventional heads. With these, he prayed to
allow the appeal.
8. Learned counsel for respondent No.2/insurer
submits that the compensation awarded on all heads is
just and proper and there are no grounds for
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
enhancement. With these, he prayed for dismissal of the
appeal.
9. Having heard the learned counsel for the
appellants and learned counsel for respondent
No.2/insurer, the Court has perused the impugned
Judgment and Award.
10. The accident occurred on 17.08.2021. Since the
accident occurred after three (03) years of the decision of
the Hon'ble Apex Court in the case of NATIONAL
INSURANCE COMPANY vs. PRANAY SETHI AND
OTHERS reported in AIR 2017 SC 5157 , 10% escalation
is to be added on compensation awarded under
conventional heads.
11. The claimants are wife and two minor children
of the deceased. Each of the claimants are entitled to
consortium in a sum of Rs.40,000/- with 10% escalation
i.e., Rs.44,000/-. Therefore the claimants are entitled to
consortium in a sum of Rs.1,32,000/- (Rs.44,000/- X 03).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
The Tribunal even though awarded loss of estate in a sum
of Rs.15,000/- and funeral expenses in a sum of
Rs.15,000/-, but has not added 10% escalation. Therefore
the claimants are entitled to loss of estate in a sum
of Rs.16,500/- and funeral expenses in a sum of
Rs.16,500/-.
12. Considering all the above aspects, the claimants
are entitled to enhanced compensation under the following
conventional heads:
Sl.
No.
Particulars Amount
1. Loss of consortium
(Rs.1,32,000/- - Rs.40,000/-)
Rs. 92,000/-
2. Loss of estate
(Rs.16,500/- - Rs.15,000/-)
Rs. 1,500/-
3. Funeral expenses
(Rs.16,500/- - Rs.15,000/-)
Rs. 1,500/-
Total Rs. 95,000/-
13. The claimants are entitled to enhanced
compensation of Rs.95,000/- with interest at the rate of
6% per annum from the date of petition till realisation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60500
MFA No. 3775 of 2026
CNR: KAHC010357822026
14. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.
15. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.95,000/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation amount with
interest before the Tribunal within a period
of six weeks from this day.
iv) The entire enhanced compensation shall be
released in favour of appellant/claimant
Digitally Signed By:
SHIVASHANKAR BASAPPA
No.1.
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV List No.: 1 Sl No.: 49