VADDE LAKSHMANNA vs M/S. LIBERTY GENERAL INSURANCE CO. LTD,
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 9559 OF 2025
(MV-D)
BETWEEN:
1. VADDE LAKSHMANNA
S/O. SIDDAPPA
AGED ABOUT 63 YEARS
2. NAGAMMA
W/O. VADDE LAKSHMANNA
AGED ABOUT 52 YEARS.
3. EERESH
S/O. VADDE LAKSHMANNA
AGED ABOUT 23 YEARS.
4. LAKSHMI
D/O. VADDE LAKSHMANNA
AGED ABOUT 29 YEARS.
ALL ARE R/AT No.1-17
V. LAKSHMANNA, KAYAVARAM
KAMAVARAM, KARNOOL DISTRICT
ANDHRA PRADESH STATE-518 302.
…APPELLANTS
(BY SRI VIJAY KUMAR T, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
AND:
1. M/s. LIBERTY GENERAL INSURANCE CO. LTD,
BY ITS MANAGER
ST
OFFICE No.1, ALYSSA, 1 FLOOR
REAR PORTION, OLD No.28
NEW No.23, RICHMOND ROAD
SHANTHALA NAGAR, ASHOK NAGAR
BENGALURU-560 025.
2. THE HEAD MASTER
M/S. ENDEAVOUR ACADEMY
No.41, BUKKASAGARA VILLAGE
BANNERGHATTA MAIN ROAD
KALLUVALU POST, BENGALURU-560 105.
…RESPONDENTS
(BY SRI MALLIKRJUNA REDDY N A, ADVOCATE FOR
SRI B. PRADEEP, ADVOCATE FOR R1
R2-THE HEAD MASTER, M/S ENDEAVOUR ACADEMY,
BENGALURU-SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:30.01.2024
PASSED IN MVC No.7812/2018 ON THE FILE OF THE X
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER,
MACT, BENGALURU, SCCH-16, 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
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
ORAL JUDGMENT
This appeal is filed by appellants -claimants seeking
enhancement of compensation awarded in judgment and
award dated 30.01.2024 passed in MVC No.7812/2018 by
the X Additional Judge, Court of Small Causes and MACT,
Bengaluru (SCCH-16).
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
learned counsel for appellants and learned counsel for
respondent No.1 –insurer.
3. The appellants made a claim petition praying to
award compensation for the death of Vadde Nagesh @
Johnny in a road traffic accident occurred on 03.04.2018
contending that the accident occurred due to rash and
negligent driving of the driver of School bus bearing
registration No. KA-51-AB-3294. The Tribunal after
recording the evidence of the parties, appreciating the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
evidence assessed the compensation and awarded
compensation under various heads as under:
Sl.No. Head of Compensation Amount/Rs.
1. Loss of dependency Rs.18,90,000-00
2. Loss of filial consortium Rs.96,000-00
3. Loss of estate Rs.18,000-00
4. Funeral expenses Rs.18,000-00
Total Rs.20,22,000-00
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
and directed respondent No.1 -insurer to deposit the
award amount with interest and recover the same from
respondent No.2 –owner of insurer vehicle. Claimants
seeking enhancement of compensation have filed the
present appeal.
5. Learned counsel for appellants submits that
claimants are parents, brother and sister of the deceased
and consortium awarded is only to two claimants. Learned
counsel for respondent No.1 -insurer submits that the
Tribunal has passed pay and recovery order and same is
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
to be maintained and there should be direction to the
Tribunal to issue notice to the owner prior to release of the
amount deposited by the insurer.
6. Having heard learned counsels, the Court has
perused the judgment and award.
7. Claimant Nos.1 and 2/appellant Nos. 1 and 2
are parents, claimant No.3/appellant No. 3 is brother and
claimant No.4/appellant No.4 is sister of the deceased. All
the claimants are entitled to loss of consortium in a sum of
Rs.40,000/- each. Therefore, claimants are entitled to
Rs.
consortium of 1,60,000/- as against Rs.96,000/- as
awarded by the Tribunal. Claimants are not seeking any
enhancement under other heads.
8. In view of the above, claimants are entitled to
enhanced compensation under the head of loss of
Rs.
consortium in a sum of 64,000/- (Rs.1,60,000/- less
Rs.96,000/-) with interest at the rate of 6% per annum
from the date of petition till realization. Respondent No.1 -
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
insurer shall deposit the said enhanced compensation with
interest and recover the same from the respondent No.2 -
owner of the vehicle.
9. In view of above, the following
ORDER
i) The appeal is allowed in part.
ii) Appellants -claimants are entitled to enhanced
compensation of Rs.64,000/- with interest at the
rate of 6% per annum from the date of petition till
realization.
iii) Claimants are not entitled to interest for the delay
period of 562 days filing the appeal as per order
dated 04.11.2026.
iv) Appellants -claimants are entitled to release of
entire enhanced compensation in the ratio of
40:40:10:10.
v) The Tribunal shall secure respondent No.2 -owner
of the vehicle prior to release of the enhanced
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61136
MFA No. 9559 of 2025
CNR: KAHC010826452025
compensation amount and get an undertaking to
pay the said amount to the insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 22
Ct.sm