H HULUGAPPA S/O LATE HARIJANA SANNA HANUMATHAPPA vs H MARUTHI S/O H DURUGAPPA

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MFA No. 103003 of 2024


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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 13 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS JUSTICE K.G.SHANTHI

MISCELLANEOUS FIRST APPEAL NO. 103003 OF 2024 (MV-D)

BETWEEN:

1. H. HULUGAPPA
S/O. LATE HARIJANA SANNA HANUMATHAPPA,
AGED ABOUT 44 YEARS,
OCC: COOLIE,
R/O: W.NO.03, BALAPURA VILLAGE,
KAMPLI TALUK,
BALLARI DISTRICT-583101.

2. SMT. H. RUKMINI W/O. H. HULUGAPPA,
AGED ABOUT 37 YEARS,
OCC: HOUSEWIFE,
R/O: W.NO.03, BALAPURA VILLAGE,
KAMPLI TALUK,
BALLARI DISTRICT-583101.

3. MINOR LAKSHMI D/O. H HULUGAPPA,
AGED ABOUT 14 YEARS,
OCC: STUDENT,
R/O: W.NO.03, BALAPURA VILLAGE,
KAMPLI TALUK,
BALLARI DISTRICT-583101.

4. RAJAMMA W/O. HULUGAPPA
AGED ABOUT 34 YERS,
OCC: HOUSEWIFE,
R/O. W.NO. 03,
BALAPURA VILLAGE
KAMPLI TALUK,
BALLARI DISTRICT-583101.

5. SMT. DURUGAMMA D/O. HULUGAPPA
AGED ABOUT 16 YEARS, HOUSEWIFE,
R/O W.NO. 03, BALAPURA VILLAGE
KAMPLI TALUK,
BALLARI DISTRICT 583101

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APPELLANT 3 AND 5 ARE MINOR REPRESENTED BY
HIS FATHER H. HULUGAPPA.
…APPELLANT
(BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)

AND:

1. H. MARUTHI S/O. H DURUGAPPA
AGED ABOUT 34 YEARS,
DRIVER OF THE TRACTOR AND TRAILER
BEARING REG. NO.KA-35/TA-8830
AND KA-35/TA-8831
R/O. HARIJANAKERI ONI,
DEVALAPURA POST,
HOSAPETE TALUK,
VIJAYANAGAR DISTRICT 583129.

2. K. MAHADEVA GOWDA S/O. K BASAPPA
AGED ABOUT 47 YEARS,
OWNER OF THE TRACTOR AND TRAILER
BEARING REG. NO. KA-35/TA-8830
AND KA-35/TA-8831
RD
R/O. 462, 3 WARD,
HOSANAGAR, DEVALAPURA VILLAGE
HOSAPETE TALUK,
VIJAYANAGARA DISTRICT-583129.

3. THE MANAGER
IFFCO TOKIO GENERAL INSURANCE
COMPANY LIMITED,
K.C. ROAD, KALYANI COMPLEX,
BALLARI-583101
BEARING POLICY NO. 1-25 W2036E
VALID FROM 04-01-2022 TO 03-01-2023
…RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE;
NOTICE TO R3 IS SERVED)

THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 16.03.2024 PASSED BY MOTOR ACCIDENT CLAIM
TRIBUNAL NO.V AND I ADDL. SENIOR CIVIL JUDGE, BALLARI IN MVC
NO.748/2022 BY ENHANCING THE COMPENSATION RS.14,99,000/-
TO THE APPELLANT.

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MFA No. 103003 of 2024


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THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
30.09.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS
DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE K.G.SHANTHI

CAV JUDGMENT

Aggrieved by the judgment and award dated 16.03.2024
in MVC No.748/2022 passed by the Accident Claim Tribunal
1
No.V and I Additional Senior Civil Judge, Ballari , the petitioners
before the Tribunal filed this appeal seeking enhancement of
compensation.

2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.

3. Brief facts of the case are that on 12.06.2022 at
about 9.40 a.m., the minor deceased was proceeding in the
2
motorcycle bearing registration No.KA-16/W-0112 from
Balapura village towards his land at Gutiganur village side, with
slowly, cautiously and on proper side of the road. When the
deceased reached near pond Ballapura-Guthiganuru road, at
that time, the respondent No.1 being the driver of the tractor

1
For short, ‘the Tribunal’
2
For short, ‘the motorcycle’
Digitally Signed by KADAMBADI
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and trailer bearing registration No.KA-35/TA-8830 and KA-
3
35/TA-8831 came from opposite direction by droving the
vehicle with great speed, in a rash and negligent manner and
dashed to the motorcycle. Due to the said impact, the deceased
fell down and the offending vehicle ran over the legs of the
deceased. As a result, the deceased sustained grievous injuries.
Immediately after the accident, the deceased was shifted to
VIMS hospital, Ballari, but during the course of treatment he
died.

4. Petitioners contended that, prior to the accident,
the deceased was quite hale and healthy, was aged about 15
th
years, and was studying in 9 standard. They further
contended that the deceased was brilliant in studies and
actively participating in sports. Due to sudden death of the
deceased, the petitioners have suffered with great mental
shock and lost love and affection of the deceased. The
petitioners further contended that they have spent huge
amount towards medical expenses. Accordingly, they filed
petition claiming compensation before the Tribunal.

3
For short, ‘offending vehicle’
Digitally Signed by KADAMBADI
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5. On filing of the petition, notices have been issued to
the respondents. They appeared through their counsel and
respondents No.2 and 3 filed their written statements
separately. The respondent No.1 adopts the written statement
of respondent No.2.

6. Respondent No.2 in his written statement
contended that the petition is bad in law and false on facts. It is
further contended that the respondent No.3 never driven the
vehicle with great speed, in a rash and negligent manner, and
he was driving the vehicle slowly and cautiously. It is further
contended that the accident occurred only due to rash and
negligent act of the driver of the offending vehicle and prays to
dismiss the petition against respondent No.2.

7. Respondent No.3 has filed objection denying all the
allegations made in the claim petition. It is further denied the
age, income, avocation and mode of accident and contended
that the accident was occurred on account of rash and
negligent riding of the motorcycle by the deceased himself who
was a minor, not wearing helmet and was riding the motorcycle
without driving license. It is further contended that the above
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said motor cycle does not have any insurance. The deceased
mala fide
fell on his own and sustained fatal injuries and with a
intention to claim compensation, a false complaint has been
registered against the respondent No.1.

8. It is further contended that, the offending vehicle
was insured with the company valid from 04.01.2022 to
03.01.2023 and the said policy issued to the respondent No.2,
is subject to terms and conditions and also inconformity with
provisions of Motor Vehicles Act. It is further contended that
the driver of the offending vehicle was not holding a valid and
effective driving license to drive the vehicle and knowing fully
well that the respondent No.1 was not holding any valid and
effective driving license has authorized him to drive the above
said vehicle and thereby willfully violated the terms and
conditions of the policy and more particularly at Driver’s clause.
It is further contended that offending vehicle is a agricultural
vehicle and at the relevant time of alleged accident, the vehicle
has been used for other than agricultural purpose and hence,
the respondent No.2 has violated the mandatory provisions.
Further, the claim is bad for non-compliance of Section 158(6)
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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and Section 134(c) of the Motor Vehicles Act. Hence, prays to
dismiss the petition with exemplary cost.

9. Before the Tribunal, the petitioner No.2 herself
examined as PW1 and got marked the documents as Exs.P.1 to
P.19. On the other hand, the respondents neither adduced any
oral evidence nor produced any documentary evidence.

10. On hearing the arguments, the Tribunal allowed the
claim petition in part and awarded compensation to the
petitioners under the following heads:
Sl.
Heads Amount in Rs.
No.
1 Loss of love and affection, 50,000/-
funeral expenses and last rites
2 Loss of dependency 4,30,000/-
Total 5,30,000/-

11. The Tribunal further held that the respondents are
jointly and severally liable to pay entire compensation amount
to the petitioners and directed the respondent No.3/Insurance
Company of the offending vehicle to deposit the compensation
amount within 90 days from the date of the order with interest
at the rate of 6% per annum from the date of petition till the
date of realization.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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12. Dissatisfied with the quantum of compensation, the
petitioner preferred this appeal.

13. Learned counsel for the petitioners argued that the
Tribunal has awarded meager compensation to a sum of
Rs.5,30,000/- in case of death of 16 year old minor. It is
further argued that, the compensation of Rs.50,000/- awarded
by the Tribunal towards loss of love and affection, funeral
expenses and last rites etc, is on the lower side and not
awarded compensation towards future prospects. It is further
argued that the Tribunal has taken the income of the deceased
at Rs.30,000/- per year which is not proper and correct. It is
further argued that the Tribunal awarded interest at the rate of
6% per annum on the compensation amount which deserve to
be modified. Accordingly, prays for enhancement of the
compensation.

14. Learned counsel appearing for the Insurance
Company argued that the compensation awarded by the
Tribunal is adequate and does not call for any interference in
the hands of this Court. Accordingly, prays for dismissal of the
appeal.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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15. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:

(i) Whether the petitioners prove that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?

(ii) What order?

16. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Point No.(ii) : As per the final order, for the
following:
T
17. Regarding Point No.(i): he accident occurred
on 12.06.2022. The petitioners have produced the documents
which reflects that the police have investigated the matter and
filed the charge sheet against the driver of the offending
vehicle who caused the accident and due to the accident, the
deceased sustained grievous injuries and succumbed to the
injuries. The owner of the offending vehicle taken up a
contention that the driver of the offending vehicle driving the
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vehicle slowly and cautiously. The Tribunal awarded
compensation of Rs.5,30,000/-.

18. According to the petitioners, the compensation
awarded by the Tribunal is on the lower side. The Tribunal has
taken the income of the deceased at Rs.30,000/- per annum
and awarded compensation by applying the multiplier of 16 and
awarded compensation of Rs.4,80,000/- under the head of loss
of dependency. The petitioners have produced the document
marked as Ex.P10 to show that the deceased was born on
01.01.2008 and he was a student. The accident occurred on
12.06.2022.

19. In the present case, the child was aged about 16
years. The Ministry of Labour and Employment has issued
Notification dated 03.01.2020, thereby the Central Government
fixed monthly wages of Rs.15,000/- with effect from
03.01.2020. The accident occurred in the year 2022. Keeping
in view the said notification, this Court is of the opinion that it
is reasonable to take the income of the deceased at
Rs.15,000/- per month with applied multiplier of “15” .
Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026

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20. Further, in view of the decision of the Hon’ble Apex
Court in National Insurance Company Limited v. Pranay
4
Sethi , towards future prospects, 40% of the income of the
deceased is to be added, and 50% of the income is to be
deducted towards personal living expenses of the deceased.
Thus, the petitioners are entitled for compensation under the
head of “loss of dependency” as under:
Rs.15,000/- + 40% = Rs.21,000/-
Rs.21,000/- - 50% = Rs.10,500/-
Rs.10,500/- X 12 X 15 = Rs.18,90,000/-

21. The Tribunal has awarded compensation of
Rs.50,000/- under the head of “love and affection, funeral
expenses, last rights and etc”.

22. In Pranay Sethi ’s case, the Hon’ble Apex Court
quantified the compensation under the heads of “loss of estate”
and “funeral expenses” at Rs.15,000/- each with 10%
escalation. Therefore, it is just and reasonable to award
compensation of Rs.16,500/- each under the said heads.

4
(2017) 16 SCC 680
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23. The Hon'ble Apex Court, in a landmark judgments
in Pranay Sethi’s case and Magma General Insurance
5
Company Limited v. Nanu Ram @ Chuhru Ram , restricts
the legal definition of consortium strictly to three distinct
categories i.e., i)spousal consortium to be awarded to a
surviving husband or wife, ii)parental consortium to be awarded
to a surviving children who lost parents and iii)filial consortium
to be awarded to surviving parents who lost their child. The
grandparents and brother of the deceased do not fall into any
of these three categories.

24. Hence, this Court is of the opinion that, they are
excluded from claiming consortium. The petitioners No.1 and 2
being the parents of the deceased are entitled for
compensation of Rs.40,000/- each with 10% escalation i.e, to
Rs.88,000/- under the head of “loss of filial consortium”.

25. In exercise of the power conferred under Order XLI
Rule 33 of the Code of Civil Procedure, 1908, it is just and
appropriate to enhance the compensation payable to the
parents of the deceased, who have lost their only son.

5
(2018) 18 SCC 130
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Accordingly, the compensation awarded by the Tribunal is
modified as under:
Sl. Amount in
Heads
No. Rs.
1 Loss of dependency 18,90,000/-
2 Loss of estate 16,500/-
3 Funeral expenses 16,500/-
4 Filial consortium 88,000/-
Total 20,11,000/-

26. The petitioner is entitled to receive compensation of
Rs.20,11,000/- as against Rs.5,30,000/- as awarded by the
Tribunal.

27. Regarding point No.(ii) : In view of the findings
on point No.(i), this Court proceeds to pass the following:
ORDER

(i) The appeal is allowed in part.

(ii) The impugned judgment and award passed
by the Tribunal is modified. The petitioner
entitled to receive compensation of
as against Rs.5,30,000/-
Rs.20,11,000/-
awarded by the Tribunal.

(iii) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
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from the date of petition till the date of
payment.

(iv) Respondents are jointly and severally held
liable to pay compensation to the
petitioners.

(v) Respondent No.3/Insurance Company shall
deposit the enhanced compensation with
accrued interest before the Tribunal within a
period of six weeks from the date of receipt
of certified copy of this judgment.

(vi) Draw modified award accordingly.

(vii) Registry to transmit the Trial Court Records
forthwith.

(viii) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are accordingly
disposed of.



(K.G.SHANTHI)
JUDGE

SMM
List No.: 1 Sl No.: 61

Digitally Signed by KADAMBADI
GANESH SHANTHI on 14-10-2026