SMT. SUMITHRA vs SRI. ANOOP R
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 1539 OF 2025
(MV-D)
BETWEEN:
1. SMT. SUMITHRA
W/O. GURUKUMARA B.K.
D/O. LATE CHIKKASHETTY
AGED ABOUT 58 YEARS
R/AT No. 101, AJAD NAGAR
NAVAGRAHA TEMPLE STREET
KNS CIRELE, KANAKAPURA TALUK
RAMANAGARA DISTRICT.
2. SMT. PREMA
W/O. LATE SIDDALINGAIAH
D/O. LATE CHIKKASHETTY
AGED ABOUT 53 YEARS
3. SRI. MADESHA C
S/O. LATE CHIKKASHETTY
AGED ABOUT 51 YEARS.
4. SRI NAGARAJU C
S/O. LATE CHIKKASHETTY
AGED ABOUT 48 YEARS.
APPELLANTS 2 TO 4 ARE
R/AT: KOODLURU ROAD
CHIKKAMALURU VILLAGE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
CHANNAPATNA TALUK
RAMANAGARA DISTRICT.
…APPELLANTS
(BY SRI B CHANDRASHEKHARAIAH, ADVOCATE FOR
SRI RAJU S, ADVOCATE)
AND:
1. SRI. ANOOP R
S/O. RAVINDRA KUMAR
R/AT: FLAT No.305
ARUSH ARYA APARTMENTS
CHENNASANDRA, R.R. NAGARA
BENGALURU-560 098.
2. UNITED INDIA INSURANCE CO., LTD.
ST
1 FLOOR, OPP: RVR COMPLEX
BEHIND LIC OFFICE
KSRTC BUS STAND IJOOR
RAMANAGARA-562 159.
…RESPONDENTS
(BY SRI H C BETSUR, ADVOCATE FOR R2
V/O DTD. 05.10.2026. NOTICE TO R1 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:02.08.2024
PASSED IN MVC No.22/2021 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA,
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
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
ORAL JUDGMENT
1. This appeal is filed by the claimants seeking
enhancement of compensation awarded in the judgment
and award dated 02.08.2024 passed in MVC No. 22/2021
by the Senior Civil Judge and Additional MACT,
Channapatna.
2. Heard learned counsel for appellants –
claimants and learned counsel for respondent No. 2 –
Insurer.
3. Appellants – claimants made a claim petition
praying to award compensation for the death of their
father – Sri. Chikkashetty in a road traffic accident that
occurred on 26.05.2020 due to the rash and negligent
driving by the driver of car bearing registration No. KA-05-
MK-4227. The Tribunal after recording evidence,
appreciating the evidence on record, assessed the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
compensation and awarded compensation under different
heads as under:
SL.No. Compensation under the Amount in Rs.
Heads
1 Loss of Dependency 9,13,500-00
2 Loss of Estate 15,000-00
3 Loss of Consortium 40,000-00
4 Funeral Expenses 15,000-00
Total Rs.9,83,500-00
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed respondent No. 2 – Insurer to
deposit the said award amount with interest. Claimants
seeking enhancement of the compensation awarded, have
filed the present appeal.
5. The accident occurred on 26.05.2020.
Appellants have not sought for enhancement under the
head `loss of dependency’ awarded by the Tribunal in a
sum of Rs.9,13,500/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
6. Claimants are two daughters and two sons of
the deceased. The Tribunal has awarded consortium in a
sum of Rs.40,000/-. All the claimants are entitled to
consortium in a sum of Rs.40,000/- each with escalation at
10% since the accident has occurred after 3 years from
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. Therefore,
claimants are entitled to consortium in a sum of
Rs.1,76,000/- (Rs.44,000 X 4).
7. Even though the Tribunal has awarded
compensation towards loss of estate in a sum of
Rs.15,000/- and funeral expenses in a sum of Rs.15,000/-
has not added 10% escalation. Therefore, claimants are
entitled to loss of estate in a sum of Rs.16,500/- and
funeral expenses in a sum of Rs.16,500/-.
8. In view of the above, claimants are entitled to
total compensation under various heads as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
1 Loss of dependency Rs.9,13,500/-
2 Loss of estate Rs.16,500/-
3 Funeral expenses Rs.16,500/-
4 Consortium Rs.1,76,000/-
Total Rs.11,22,500/-
9. Considering the above aspects claimants are
entitled to total compensation of Rs.11,22,500/- as
against Rs.9,83,500/- awarded by the Tribunal with
interest Consequently, claimants are entitled to enhanced
compensation of Rs.1,39,000/- with interest at 6% p.a.
from the date of petition till the date of realization.
Respondent No. 2 – Insurer is liable to pay the said
enhanced compensation with interest.
10. In view of the above, the following;
O R D E R
a. Appeal is allowed in part.
b. Claimants are entitled to enhanced compensation
of Rs.1,39,000/- with interest at the rate of 6%
p.a. from the date of petition till the date of
realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:62118
MFA No. 1539 of 2025
CNR: KAHC010138642025
c. Respondent No. 2 – Insurer shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.
d. Appellants – claimants are entitled to release of
entire enhanced compensation in the ratio of 25
: 25 : 25 : 25.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 19
Ct.sm