SMT SUNANDA @ SUNANDAMMA vs SMT NANJAMMA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 4213 OF 2022
(MV-D)
BETWEEN:
1. SMT. SUNANDA @ SUNANDAMMA,
W/O LATE SHIVALINGAIAH,
AGED ABOUT 45 YEARS,
R/AT NEAR WATER TANK,
SONNAREDODDI VILLAGE,
GOTTIGEHALLI POST,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT.
2. POORNIMA,
S/O LATE SHIVALINGAIAH,
AGED ABOUT 26 YEARS,
R/AT NEAR WATER TANK,
SONNAREDODDI VILLAGE,
GOTTIGEHALLI POST,
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT.
3. PUNITHA S. @ PUNITH S.,
S/O LATE SHIVALINGAIAH,
AGED ABOUT 24 YEARS,
R/AT NEAR WATER TANK,
SONNAREDODDI VILLAGE,
GOTTIGEHALLI POST,
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT.
…APPELLANTS
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
AND:
1. SMT. NANJAMMA,
W/O LATE SHIVANNA,
AGED ABOUT 89 YEARS,
R/AT SONNAREDDY VILLAGE,
GOTTIGEHALLI POST,
HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT – 562 422.
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
2. MADAIAH,
S/O LATE SHIVANNA,
AGED ABOUT 67 YEARS,
R/AT SONNAREDDY VILLAGE,
GOTTIGEHALLI POST,
HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT – 562 422.
3. SHIVANANJAPPA,
S/O LATE SHIVANNA,
AGED ABOUT 63 YEARS,
R/AT SONNAREDDY VILLAGE,
GOTTIGEHALLI POST,
HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT – 562 422.
4. DEVARAJU,
S/O LATE SHIVANNA,
AGED ABOUT 55 YEARS,
R/AT SONNAREDDY VILLAGE,
GOTTIGEHALLI POST,
HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT – 562 422.
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
5. UNITED INDIA INSURANCE
COMPANY LTD.,
NO.109, SSI AREA,
th
5 BLOCK, RAJKUMAR ROAD,
RAJAJINAGAR,
BENGALURU – 560 010.
REP. BY ITS MANAGER
…RESPONDENTS
(BY SRI. MOHAN KUMAR T., ADVOCATE FOR R5;
V/O DATED 12.10.2023, NOTICE TO R1-R4 IS D/W;
SRI. K. N. SRINIVASA., ADVOCATE FOR R5)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.09.2018, PASSED IN
MVC.NO.7665/2016, ON THE FILE OF THE XXI A.C.M.M. AND
XXIII A.S.C.J. AT BENGALURU (SCCH-25), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
28.09.2026, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
CAV JUDGMENT
1. This appeal has been filed by the claimants/appellants
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 11.09.2018 in MVC No.7665/2016
passed by the Motor Accident Claims Tribunal Court of Small
Causes, at Bengaluru (for short, ‘Tribunal’), wherein the
Tribunal awarded compensation of Rs.11,10,100/- with interest
at 8% p.a. from the date of petition till the deposit of the
amount in the Tribunal.
Brief facts of the case:
2. The case of the appellant is that, on 23.01.2016, at about
8.15 p.m., the deceased Shivalingaiah was traveling in a trailer
bearing registration No.KA.42.T.2261 which was attached to
the tractor engine bearing registration No.KA.42.T.2260 on
Gurukula - Girigowdanadoddi Road, Bengaluru. At that time,
near land of one Gundappa, the driver of the said tractor,
driven the same with high speed in a rash and negligent
manner and suddenly turned towards left side of the road, lost
control over the vehicle, hence, it has turned turtle and fell into
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
the ditch on the left side of the road, as a result of which,
Shivalingaiah who was traveling in the trailer not only had
suffered grievous injuries, but he succumbed to the injuries on
the spot. A claim petition was filed before the Tribunal. The
Tribunal awarded compensation of Rs.11,10,100/- along with
the interest at the rate of 8% per annum. Being aggrieved by
the said award, the claimants / appellants are before this
Court.
3. Heard Sri Gopal Krishna N., learned counsel for appellant
and Sri Mohan Kumar T., learned counsel for respondent No.5.
4. The submission of the learned counsel for the appellants
is that the assessment of the income of the deceased at
Rs.8,000/- per month is too low considering the fact the
deceased was doing milk vending and also physical labour and
he was earning a substantial income. Moreover, the accident
was of the year 2016. Hence, the Tribunal ought to have
awarded compensation on higher side. In addition to the same,
compensation should have been awarded even under the
conventional heads. Having said thus, learned counsel for the
appellants prays to allow the appeal.
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
5. Per contra , learned counsel representing the respondent
No.5 – Insurance Company vehemently submitted that the
Tribunal has rightly considered the income and also passed the
award properly. In fact, the deceased was not permitted to sit
on the trailer of the tractor and insurance was not covered to
the said trailer. Therefore, the liability on the Insurance
Company ought not to have been fastened by the Tribunal.
Fastening the liability on the Insurance Company is to be
modified and the liability to be fixed on the owner of the
tractor. Having said thus, learned counsel for the respondent
No.5 prays to dismiss the appeal.
6. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, t he Tribunal
has rightly held that, as the deceased was travelling in a trailer
that was not insured, respondent No. 5 – Insurance Company is
not liable to indemnify the owner. However, the Insurance
Company shall pay the compensation awarded to the claimants
and recover the same from the owners of the offending vehicle
by initiating appropriate recovery proceedings.
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HC-KAR
NC: 2026:KHC:58721
MFA No. 4213 of 2022
CNR: KAHC010251422022
7. The age of the deceased was 46 years and he was doing
agriculture and also milk-vending business. However, it is
appropriate to take notional income as he did not produce any
document to show that he was earning a definite income.
Hence, notional income of Rs.9,500/- per month, by adding
25% future income, and deducting the personal expenses as
rd
1/3 under the head of loss of dependency. Therefore, the
calculation will be as follows:
rd
9500 + 25% = 11,875 per month – 1/3 = 7917 x 12 x 13 =
Rs.12,35,000/-
8. Consequently, the award of the Tribunal is modified and
the claimant / appellant would be entitled to the compensation
as under:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of dependency 10,40,052 12,35,000
40,000 1,32,000
02 Loss of consortium
44,000 x 3
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MFA No. 4213 of 2022
CNR: KAHC010251422022
03 Transportation 15,000 30,000
04 Loss of estate 15,000 15,000
TOTAL 11,10,052
14,12,000
Rounded off to
11,10,100
9. In the light of the observations made above, I proceed to
pass the following:-
ORDER
i) Miscellaneous First Appeal filed by the claimants /
appellants is allowed in part.
ii) The judgment and award dated 11.09.2018
in MVC No.7665/2016 passed by the Motor Accident
Claims Tribunal Court of Small Causes, at Bengaluru, is
modified, granting compensation of Rs.14,12,000/-
(Rupees Fourteen Lakhs Twelve Thousand only) as
against Rs.11,10,100/- awarded by the Tribunal.
iii) The claimants are entitled to entire
compensation of Rs.14,12,000/- with interest at the rate
of 6% per annum from the date of the petition till
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MFA No. 4213 of 2022
CNR: KAHC010251422022
realization. However, the delay in filing the appeal i.e.,
543 days will not carry any interest.
iv) The entire compensation amount shall be
deposited by the respondent No.5 within a period of six
weeks from the date of receipt of the certified copy of
this judgment and recover the same from respondent
Nos.1 to 4.
v) The Tribunal is directed to release the entire
amount in favour of the claimants.
vi) The Registry is directed to communicate the
order to the Tribunal and send the records to the Trial
Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
Bss
List No.: 1 Sl No.: 38