The Oriental Insurance Company Ltd vs SMT SHASHIKALA H D

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HC-KAR
NC: 2026:KHC:53699
MFA No. 478 of 2020


CNR: KAHC010536992019




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 28 DAY OF SEPTEMBER, 2026

BEFORE


THE HON'BLE MR. JUSTICE S RACHAIAH


MISCELLANEOUS FIRST APPEAL NO. 478 OF 2020 (MV-D)



BETWEEN:




1. THE ORIENTAL INSURANCE

COMPANY LTD.,

NO.1, TEJAS COMPLEX,

C S T SAYYAJI RAO ROAD

MYSORE – 570 001.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka

REPRESENTED BY

AUTHORISED SIGNATORY
AT REGIONAL OFFICE, NO.44/45,
LEO SHOPPING COMPLEX
RESIDENCY ROAD CROSS,
BANGLAORE - 560 025.

…APPELLANT
(BY SRI. SRISHAILA S., ADVOCATE)

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AND:

1. SMT. SHASHIKALA H D.,
W/O LATE NAGARAJU,
AGED ABOUT 39 YEARS,
R/O DODDAHANAKODU VILLAGE,
SOMWARPETE TALUK,
KODAGU.

2. KUM. MOHINI H. D.,
D/O NAGARAJU,
AGED ABOUT 22 YEARS,
R/O DODDAHANAKODU VILLAGE,
SOMWARPETE TALUK,
KODAGU.

3. ADARSHA,
S/O NAGARAJU,
AGED ABOUT 20 YEARS,
R/O DODDAHANAKODU VILLAGE,
SOMWARPETE TALUK,
KODAGU.

4. KUM. ASHWINI H. D.,
D/O NAGARAJU,

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AGED ABOUT 11 YEARS,
SINCE MINOR REP. BY
NATURAL GUARDIAN R1,
R/O DODDAHANAKODU VILLAGE,
SOMWARPETE TALUK,
KODAGU.

5. SMT. SEETHAMMA,
W/O SUBBIAH,
AGED ABOUT 56 YEARS,
R/O DODDAHANAKODU VILLAGE,
SOMWARPETE TALUK,
KODAGU.

6. SRI SUBBIAH,
S/O LATE ERAIAH,
AGED ABOUT 61 YEARS,
R/O DODDAHANAKODU VILLAGE,
SOMWARPETE TALUK,
KODAGU.

7. S. S. KIRAN,
S/O SL SEETARAMA,
AGED ABOUT 35 YEARS,

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MFA No. 478 of 2020


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R/O HANAGAL ESTATE,
HANAGAL VILLAGE AND POST,
SOMWARPETE TALUK,
KODAGU DISTRICT.

…RESPONDENTS
(R1, R2, R3, R5, R6, R7 ARE SERVED AND UNREPRESENTED;
BY SRI. M. B. MALLAIAH., AMICUS CURIAE FOR R1 TO R7
V/O DATED 11.09.2026)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.09.2019, PASSED IN
MVC.NO.80/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE
AT SOMAWARPETE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR
NC: 2026:KHC:53699
MFA No. 478 of 2020


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ORAL JUDGMENT


1. This appeal has been filed by the Insurance Company
seeking to set aside the judgment and award dated 13.09.2019
passed in MVC No.80/2018 on the file of learned Senior Civil
Judge, Somawarpet (for short, ‘Tribunal’), wherein the Tribunal
awarded compensation of Rs.10,30,000/- .

2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.

3. The facts of the case are that on 20.11.2013 at about
1.00 pm, the deceased Nagaraju was returning from his work
in a Tractor/Trailer bearing Reg. No. KA-12-T-5391/5392. The
said tractor was being driven by the driver in a rash and
negligent manner, in a manner so as to endanger human life,
the deceased who was sitting besides of the Tractor driver and
accidentally, fell down and the wheel of the trailer ran over the
deceased, as a result, he sustained severe injuries and died on
the spot. Therefore, a claim petition was filed by the legal
representatives of the deceased before the Tribunal. After
appreciating the oral and documentary evidences on record,

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the Tribunal awarded compensation of Rs.10,30,000/- to the
claimants. Being aggrieved by the same, the Insurance
Company filed this appeal.

4. Heard Sri. Srishaila S., learned counsel for appellants and
Sri. M.R. Mallaiah, learned Amicus Curiae for respondents No.1
to 7.

5. Learned counsel for the appellants submits that the
award passed by the Tribunal is unjust and arbitrary besides
being perverse. The deceased Nagaraju and another were
sitting next to besides the driver of the Tractor. There are no
provision for any person to sit besides the the driver in a
tractor. The deceased-Nagaraju was traveling as an
unauthorized passenger. Therefore, the liability cannot be
fastened on the Insurance Company. Making such submissions,
learned counsel for the appellants pray to allow the appeal.

6. Per contra, learned Amicus Curiae for respondent’s No. 1
to 3 and 5 to 7 justified the award passed by the Tribunal and
stated that the award passed by the Tribunal is proper and
appropriate and no grounds have been made out to interfere

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with the said findings. The calculation has been done in
accordance with law and the compensation awarded on each
conventional heads is appropriate. Therefore, it is not
appropriate to grant any relief as prayed for. Making such
submissions, learned counsel for respondent No.2 – Insurance
Company prays to dismiss the appeal.

7. Having heard the learned counsel for the respective
parties and on perusal of the findings of the Tribunal, it appears
that it is an admitted fact that the driver of the tractor had a
valid driving license at the time of the accident and the said
valid driving license was insured with respondent No.1. The
accident occurred on 20.11.2013 at about 1.00 p.m. The
tractor has got a seating capacity of one plus one. Naturally,
there is a coverage to one person seated along with the driver
in the rear seat. Thus, the contentions of the learned counsel
for the appellant appears to be unsustainable. However, the
Tribunal has committed error in considering the notional
income of the deceased for the year 2013. Hence, the
calculation in respect of loss of dependency and other

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conventional heads are required to be modified even in the
absence of separate appeal for enhancement of compensation.

8. Consequently, the award of the Tribunal is modified and
the claimants would be entitled to compensation under various
heads as under:-


Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of dependency
9,45,000/- 13,50,000/-
(8000+25%x15x12x3/4)
02 funeral and Transportation 25,000/- 25,000/-
03 Consortium
30,000/- 2,64,000/-
(44,000x6)
04 Love and affection 30,000/- 30,000/-
TOTAL 10,30,000/- 16,69,000/-
-10,30,000/-
=6,39,000/-

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MFA No. 478 of 2020


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9. In the light of the observations made above, I proceed to
pass the following:
ORDER

i) Miscellaneous First Appeal is allowed in part.

ii) The judgment and award dated 13.09.2019 passed in
MVC No.80/2018 on the file of learned Senior Civil Judge,
Somawarpet (for short, ‘Tribunal’), is modified, granting
compensation of Rs. 16,69,000/- (Rupees Sixteen
Lakhs Sixty Nine Thousand only) as against
Rs. 10,30,000 awarded by the Tribunal.

iii) The claimant is entitled to enhanced compensation of
Rs.6,39,000/- (Rupees Six Lakhs Thirty Nine
Thousand only) with interest at the rate of 6% per
annum from the date of this appeal till realisation.

iv) The enhanced compensation amount shall be deposited
by the Insurance Company within a period of six weeks
from date of receipt of the certified copy of this
judgment.

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v) The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.

vi) The service rendered by the learned Amicus-Curiae is
appreciated. Therefore, the remuneration of Rs.5,000/-
shall be paid to him by the Karnataka State Legal
Services Authority on the production of this order.



Sd/-
(S RACHAIAH)
JUDGE

JS
List No.: 1 Sl No.: 29