SMT PUSHPALATHA vs B S CHANDREGOWDA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2803 OF 2021
(MV-D)
BETWEEN:
1. SMT. PUSHPALATHA,
W/O LATE SATISH,
AGED ABOUT 40 YEARS,
R/AT C/O SIDDARAMEGOWDA
PEEHALLI VILLAGE,
ARAKERE HOBLI
SRIRANGAPATNA TALUK,
MANDYA DISTRICT – 571 401.
2. KUM. PRIYA S.,
D/O LATE SATISH,
AGED ABOUT 15 YEARS,
R/AT C/O SIDDARAMEGOWDA
PEEHALLI VILLAGE,
ARAKERE HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT – 571 401.
MINOR REPRESENTED BY
NATURAL GUARDIAN/THEIR MOTHER
ST
SMT PUSHPALATHA, 1 APPELLANT.
3. DILEEP S.,
S/O LATE SATISH,
AGED ABOUT 13 YEARS,
R/AT C/O SIDDARAMEGOWDA,
PEEHALLI VILLAGE,
ARAKERE HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT – 571 401.
MINOR REPRESENTED BY
NATURAL GUARDIAN/THEIR MOTHER
ST
SMT PUSHPALATHA, 1 APPELLANT.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
4. SMT. JAYAMMA,
W/O LATE KRISHNEGOWDA,
AGED ABOUT 74 YEARS,
R/AT C/O SIDDARAMEGOWDA,
PEEHALLI VILLAGE,
ARAKERE HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT – 571 401.
…APPELLANTS
(BY SRI. MANJUNATH N. D., ADVOCATE)
AND:
1. B. S. CHANDREGOWDA,
S/O SWAMIGOWDA,
AGED MAJOR,
R/AT BASAVAVANAHALLI VILLAGE
AND POST, ARAKALAGUDU TALUK
HASSAN DISTRICT – 573 201.
2. THE MANAGER,
SRI RAM GENERAL
INSURANCE COMPANY LTD.,
NO.48, S AND S CORNER,
OPPOSITE TO BORING HOSPITAL,
SHIVAJINAGARA,
BANGALORE – 560 001.
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2;
NOTICE TO R1 IS D/W)
----
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.03.2020, PASSED IN
MVC.NO.1567/2017, ON THE FILE OF THE ADDL. SENIOR CIVIL
JUDGE, M.A.C.T. AT SRIRANGAPATNA, 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:
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. This appeal has been filed by the appellants No.1 to 4
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 18.03.2020 passed in MVC
No.1567/2017 on the file of learned Addl. Senior Civil Judge
and MACT, Srirangapatna (for short, ‘Tribunal’), wherein the
Tribunal awarded compensation of Rs.42,15,360/- with interest
at 9% p.a., from the date of petition till realization.
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 19.06.2017 at about
4:25 p.m., when Sathish, the husband of petitioner No. 1, was
riding a motorbike bearing registration number KA-13-EA-6092
near Devarahalli village, the driver of a Tata 709 vehicle
bearing registration number KA-12-5629 drove it in a rash and
negligent manner and dashed against the motorbike. As a
result, the rider of the motorbike fell down and sustained
injuries all over his body. He was immediately shifted to the
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
Government Hospital, Arakalagudu, and later transferred to
SSM Hospital, Hassan, for better treatment. However, he
succumbed to his injuries on 07.09.2017. Therefore, a claim
petition was filed by the legal representatives of the deceased
before the Tribunal.
4. Heard Sri. Manjunath N.D., learned counsel for appellants
and Sri. B.Pradeep learned counsel for respondent No.2-
Insurance Company.
5. Learned counsel for the appellants submits that the
compensation awarded by the Tribunal is on the lower side. In
fact, the deceased left behind his mother aged about 74 years,
his wife, and two minor children aged about 15 years and 13
years, respectively. The Tribunal failed to award suitable
compensation after properly considering the age and avocation
of the deceased, resulted in passing the impugned judgment
and award which requires to be set aside.
6. Per contra, learned counsel representing the respondent
No.2 – Insurance Company justified the award passed by the
Tribunal and stated that the award passed by the Tribunal is
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
proper and appropriate and no grounds are made out to
interfere with the said findings. The calculation has been done
in accordance with law and the compensation has been
awarded on each conventional heads properly. 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 the Tribunal has deducted 50% of the income towards
agricultural expenses, which is arbitrary as there is no
supporting evidence to substantiate the same. Furthermore,
considering the nature of the agricultural work, the growing of
tobacco costs would be less, when compared to other crops.
Therefore, a deduction of 25% towards agricultural expenses
appears to be proper and appropriate. Hence, the
compensation under the head of loss of dependency is
recalculated as under:
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
Rs.24,034 - 25% = 18,025.5 + 40% (7210.2) future
prospects=25,235.7/-
25,235.7x12x15=45,42,426-¼(11,35,606) =34,06,820/-
8. Consequently, the award of the Tribunal is modified and
the claimants would be entitled to compensation under varioius
heads as under:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of dependency 22,68,000/- 34,06,820/-
02 Loss of estate 15,000/- 15,000/-
03 Towards funeral expenses 15,000/- 15,000/-
04 Loss of consortium 1,60,000/- 1,93,600/-
(48400x4)
05 Medical expenses 17,57,360 17,57,360/-
TOTAL
42,15,360/-
53,87,780/-
-42,15,360
=11,72,420/-
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
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 18.03.2020 passed in
MVC No.1567/2017 on the file of learned Addl. Senior
Civil Judge and MACT, Srirangapatna, is modified,
granting compensation of Rs.53,87,780/- (Rupees
Fifty-three Lakhs Eighty Seven Thousand Seven
Hundred and Eighty only) as against Rs.42,15,360/-
awarded by the Tribunal.
iii) The claimant is entitled to enhanced compensation of
Rs.11,72,420/- (Rupees Eleven Lakhs Seventy-two
Thousand Four Hundred and Twenty 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
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HC-KAR
NC: 2026:KHC:54404
MFA No. 2803 of 2021
CNR: KAHC010232592021
from date of receipt of the certified copy of this
judgment.
v) The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
JS/-
List No.: 1 Sl No.: 35