SMT PALLAVI V J vs SMT MALIYAMMA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 888 OF 2025 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL No. 5941 OF 2025
(MV-D)
IN MFA No. 888/2025
BETWEEN:
THE UNITED INDIA INSURANCE COMPANY LIMITED
MICRO OFFICE, BRM COMPLEX
OPPOSITE TO KSRTC BUS STAND
BIRUR TOWN.
REPRESENTED BY DIVISIONAL MANAGER
ST
P.B NUMBER 114, 1 FLOOR
CRESENT COURT, KM ROAD
CHIKKAMAGALUR- 577 101.
…APPELLANT
(BY SRI BENNI RAVISH CHANDRASHEKAR, ADVOCATE)
AND:
1. SMT. PALLAVI V J
W/O LATE SANTHOSH KUMAR N.S.
@ SANTHOSH, AGED ABOUT 25 YEARS
HOUSEWIFE.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
2. MASTER N.S. DHANUSH
S/O LATE SANTHOSH KUMAR N.S.
@ SANTHOSH
AGED ABOUT 06 YEARS
SINCE MINOR, REPRESENTED BY
ST
HIS GUARDIAN/MOTHER, 1 RESPONDENT
SMT. PALLAVI V.J.
3. SMT. DODDAMMA
W/O SHANKARAPPA
AGED ABOUT 60 YEARS
HOUSEWIFE
4. SRI SHANKARAPPA
S/O LATE KENCHAPPA
AGED ABOUT 70 YEARS
COOLIC WORK.
5. SRI MADHU N.S.
S/O SHANKARAPPA
AGED ABOUT 31 YEARS, STUDENT
ALL ARE RESIDENTS OF NAGAVANGALA VILLAGE,
AJJAMPURA HOBLI, AJJAMPURA TALUK,
CHIKKAMAGALURU DISTRICT-577 116.
6. SRI MALIYAMMA
W/O LATE ESHWARAPPA
AGED ABOUT 55 YEARS
HOUSEWIFE.
7. SRI UMESHA
S/O LATE ESHWARAPPA
AGED ABOUT 35 YEARS
AGRICULTURIST
BOTH ARE RESIDENTS OF
SEEGEHADLU VILLAGE HIRENALLUR HOBLI
KADUR TALUK-577 550.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
8. BHARATH HARSHA
S/O HARISH
AGED ABOUT 40 YEARS
AGRICULTURIST
R/O SEEGEHADLU VILLAGE
HIRENALLUR HOBLI
KADUR TALUK-577 550.
9. SRI ESHWAR N.Y,
S/O YALLAPPA
AGED ABOUT 38 YEARS
AGRICULTURIST
R/O NAGAVANGALA VILLAGE
KUDLUR POST, TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 116.
10. RAMAKRISHNA S
S/O SIDDAPPA
AGED ABOUT 54 YEARS
AGRICULTURIST
R/O CHOWDLAPURA VILLAGE, KADUR TALUK
CHIKKAMAGALURU DISTRICT-577 548.
11. CHOLAMANDALAM MS GENERAL INSURANCE
COMPANY LIMITED
BANGALORE BRANCH
UNIT No. 04, NINTH FLOOR
LEVEL 06, GOLDEN HEIGHTS COMPLEX
TH
59 C CROSS, BALAJI NAGARA
H.O, BANGALORE-560 010.
…RESPONDENTS
(BY SRI. PRAKASH K A ADVOCATE FOR R1-R5
NOTICES TO R6 TO R10 ARE SERVED AND UNREPRESENTED
SRI HS LINGARAJU, ADVOCATE FOR R11)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:04.12.2024
PASSED IN MVC No.242/2020 ON THE FILE OF THE COURT OF
SENIOR CIVIL JUDGE AND MACT, KADUR, AWARDING
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
COMPENSATION OF Rs.48,31,728/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL
REALIZATION.
IN MFA No. 5941/2025
BETWEEN:
1. SMT. PALLAVI V J
W/O. LATE SANTHOSH KUMAR. N.S.
@ SANTHOSH
AGED ABOUT 25 YEARS
2. MASTER N.S. DHANUSH
S/O. LATE SANTHOSH KUMAR. N.S.
@ SANTHOSH
AGED ABOUT 6 YEARS MINOR
REP. BY HIS MOTHER AND NATURAL
ST
GUARDIAN THE 1 PETITIONER
SMT. PALLAVI. V.J.
3. SMT. DODDAMMA
W/O. MR. SHANKARAPPA
AGED ABOUT 60 YEARS.
4. SRI SHANKARAPPA
S/O. LATE KENCHAPPA
AGED ABOUT 70 YEARS.
5. SRI MADHU. N.S.
S/O. SRI SHANKARAPPA
AGED ABOUT 31 YEARS.
ALL ARE R/AT NAGAVANGALA VILLAGE
AJJAMPURA HOBLI
AJJAMPURA TALUK
CHIKKAMAGALURU DISTRICT - 577 547.
...APPELLANTS
(BY SRI. PRAKASH K A, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
AND:
1. SMT. MALIYAMMA
W/O. LATE ESHWARAPPA
AGED ABOUT 55 YEARS.
2. SRI UMESHA
S/O. LATE ESHWARAPPA
AGED ABOUT 35 YEARS.
BOTH ARE R/AT
SEEGEHADLU VILLAGE
HIRENALLUR HOBLI
KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577 548.
3. SRI BHARATH HARSHA
S/O. SRI HARISH
AGED ABOUT 40 YEARS
SEEGEHADLU VILLAGE
HIRENALLUR HOBLI
KADUR TALUK
CHIKKAMAGALURU DISTRICT-577 548.
(RC OWNER OF THE HERO HONDA
SPLENDOR PLUS MOTORCYCLE
BEARING REG. No.KA-18/X-6678)
4. THE UNITED INDIA INSURANCE
COMPANY LIMITED
MICRO OFFICE
B.R.M. COMPLEX
OPP. TO KSRTC BUS STAND
BIRUR TOWN
CHIKKAMAGALURU DISTRICT-577 116.
(POLICY No.2414813119P104540529
VALID FROM 09.07.2019 TO 08.07.2020)
5. SRI ESHWAR. N.Y.
S/O. SRI YALLAPPA
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
AGED ABOUT 38 YEARS
R/AT NAGAVANGALA VILLAGE
KUDLUR POST
TARIKERE TALUK
CHIKKAMAGALURU DISTRICT - 577 116.
(RIDER OF THE VEHICLE BEARING
REG.No. KA-66/E-6976)
(D.L No. KA-66 20190002357
VALID FROM 16.08.2019 TO 09.12.2038)
6. SRI RAMAKRISHNA. S.
S/O. SRI SIDDAPPA
AGED ABOUT 54 YEARS
R/AT CHOWDLAPURA VILLAGE
KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577 548.
(RC OWNER OF THE VEHICLE BEARING
REG.No.KA-66/E-6976)
7. CHOLAMANDALAM MS GENERAL
INSURANCE COMPANY LIMITED
BANGALORE BRANCH
UNIT No. 04, 9TH FLOOR, LEVEL 06,
TH
”GOLDEN HEIGHTS” COMPLEX 59 C CROSS
BALAJI NAGAR BENGALURU – 560 029.
(INSURER OF THE MOTORCYCLE BEARING
REG. NO. KA-66/E-6976)
(POLICY No.3361/01431612/000/00
VALIDITY 06.10.2019 TO 05.10.2020)
...RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R4
NOTICES TO R1 TO R3 ARE SERVED AND UNREPRESENTED)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DT.04.12.2024 PASSED
IN MVC No. 242/2020 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MACT, KADUR, CHIKKAMAGALURU DISTRICT,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
MFA No.888/2025 is filed by the insurer challenging
the quantum and negligence and MFA No.5941/2025 is
filed by claimants seeking enhancement of the
compensation awarded in the Judgment and Award dated
04.12.2024 passed in MVC No.242/2020 by Senior Civil
Judge and MACT, Kadur.
2. Claimants made a claim petition praying to
award compensation for the death of Santhosh Kumar N.S
in a road traffic accident occurred on 28.10.2019 due to
the rash and negligent driving of rider of the motorcycle
bearing registration No.KA-18/X-6678. The Tribunal after
recording evidence, appreciating evidence on record has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
assessed the compensation and awarded total
compensation under various heads as under:
1 Loss of dependency Rs.46,03,744/-
2 Loss of Estate Rs.16,500/-
3 Loss of Consortium Rs.1,76,000/-
4 Towards funeral and transport Rs.16,500/-
expenses
5 Towards Medical bills Rs.18,984/-
Total Rs.48,31,728/-
3. The Tribunal has also awarded interest at the
rate of 6% per annum from the date of petition till
realization. The Tribunal held that the entire negligence is
on the part of the rider of offending motorcycle and the
insurer of the said motorcycle is liable to pay the
compensation awarded with interest. The insurer of the
said motorcycle has filed MFA No.888/2025 challenging
the quantum and negligence and claimants have filed MFA
No.5941/2025 seeking enhancement of the compensation.
4. Heard learned counsel for insurer and learned
counsel for claimants.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
5. Learned counsel for insurer would contend that
mahazar and sketch –Ex.P4 l clearly indicate that the
accident occurred on the middle of the road and therefore,
there is contributory negligence on the part of the rider of
the motorcycle on which the deceased was a pillion rider
bearing registration No.KA-66/E-6976. Considering the
said aspect, the Tribunal ought to have consider that the
deceased has also contributed to the accident and Tribunal
has failed to assess contributory negligence. He further
submit that the salary certificate –Ex.P35 was issued by
Shridevi Enterprises and Ex.P16 -service letter of the
deceased, but the author of those documents has not been
examined to prove the income of the deceased. Therefore,
notional income for the year 2019 is to be taken. With
this, he prayed to allow the appeal filed by the insurer.
6. Learned counsel for claimants would contend
that the charge sheet has been filed against the rider of
the motorcycle bearing registration No.KA-18/X-6678 for
rash and negligent driving and considering the same, the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
Tribunal has rightly fastened the liability on the owner and
insurer of the said motor cycle. He further submits that
gross income shown in Ex.P35 - salary slip i.e. Rs.25,157/-
is to be taken as income of the deceased and not the net
salary as taken by the Tribunal. With this he prayed to
allow the appeal filed by the claimants.
7. Learned counsel for respondent No.11/insurer of
the motor cycle bearing Regn.No.KA-66/E-6976 would
contend that the appellant who was the insurer of the
offending motor cycle has not examined any of the
witnesses to prove the contributory negligence on the part
of the rider of motor cycle bearing Regn.No.KA-66/E-6976
and the Tribunal considering the charge sheet filed against
the rider of the offending motor cycle has rightly held that
the owner and insurer of the offending motor cycle are
liable to pay the compensation awarded.
8. Having heard the learned counsels, this Court has
perused judgment, award and trial Court records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
9. The accident occurred on 28.10.2019 at about 10
p.m. The deceased was a pillion rider on motor cycle
bearing Regn.No.KA-66/E-6976 and it was ridden by
respondent No.5 / Eshwar.N.Y.(before the Tribunal) and
respondent No.9 in this appeal. The third respondent
before the Tribunal was riding motor cycle bearing
Regn.No.KA-18/X-6678 and it dashed against the motor
cycle on which the deceased was the pillion rider. Ex.P5 is
the charge sheet and it is filed against the rider of the
motor cycle bearing Regn.No.KA-18/X-6678. The charge
sheet has not been filed against the rider of the motor
cycle bearing Regn.No.KA-66/E-6976 for rash and
negligent driving. Ex.P4 is the spot mahazar containing
spot sketch. The road on which the accident took place is
having width of 16 feet. The accident occurred at the
distance of 6 feet from the left side, on which the
deceased was a pillion rider in the motor cycle. The
offending motor cycle came and took turn and dashed to
the motor cycle on which the deceased was moving.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
Considering the said aspect and that the charge sheet has
been filed against the rider of the motor cycle bearing
Regn.No.KA-18/X-6678, no contributory negligence be
attributed to the rider of the motor cycle on which the
deceased was a pillion rider. Considering the said aspect,
the Tribunal has rightly held that the entire negligent
driving is on the part of the rider of the motor cycle
bearing Regn.No.KA-18/X-6678 insured with the appellant.
10. The deceased was employed with Shridevi
Enterprises and working in Finance Department and
Ex.P16 is his service letter and Ex.P35 is his salary
certificate. The authors of Ex.P16 and P35 are not
examined. Ex.P17 is the bank pass book and entries in
them clearly indicate that salary has been credited every
month to his bank account. Considering the said aspect,
the deceased was an employee in Shridevi Enterprises is
established.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 13 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
11. As per Ex.P5, pay slip for September, 2019,
gross salary of deceased is Rs.25,157/- and net salary is
Rs.22,836/-. The Tribunal has taken the net salary. The
net salary has been arrived after deducting ESI, PF,
professional tax etc. For arriving at net salary for the
purpose of establishing income, only the professional tax
is to be deducted. Therefore, the net pay of the deceased
is Rs.24,957/- (Rs.25,157 – Rs.200/-). The said net pay
has to be taken for calculating loss of dependency. The
Tribunal has rightly added 40% towards future prospects,
th
deducted 1/4 towards personal expenses of deceased
and applied multiplier ‘16’. In view of the above, loss of
dependency is calculated as under:
Rs.24,957 x 12 = Rs.2,99,484 – ¼ = Rs.2,24,613/-
Rs.2,24,613 x 16 + 40% = Rs.50,31,331/-
12. Therefore, the claimants are entitled to loss of
dependency in a sum of Rs.50,31,331/- as against
Rs.46,03,744/- as awarded by the Tribunal. Consequently,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 14 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
the claimant is entitled to enhanced compensation of
Rs.4,27,587/- with interest @ 6% p.a. from the date of
petition till realization. Appellant/insurer (respondent No.4
before the Tribunal) is liable to pay the said enhanced
compensation with interest.
In view of the above, the following:
ORDER
i) The appeal filed by the insurer in MFA
No.888/2025 is dismissed.
ii) The appeal filed by the claimants in MFA
No.5941/2025 is allowed in part.
iii) The claimants are entitled to enhanced
compensation of Rs.4,27,587/- with interest
@ 6% p.a. from the date of petition till
realization.
iv) Respondent No.4/insurer (before the
Tribunal) and appellant in MFA No.888/2025
shall deposit the enhanced compensation with
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 15 -
HC-KAR
NC: 2026:KHC:57614
MFA No. 888 of 2025
C/W MFA No. 5941 of 2025
CNR: KAHC010076562025
interest before the Tribunal within a period of
six weeks from this day.
v) The share of the claimants in the enhanced
compensation, order of deposit by the
Tribunal, remains unaltered.
vi) The amount in deposit is ordered to be
transmitted to the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP,DKB
List No.: 1 Sl No.: 59
Ct.sm