SRI SRINIVASA POOJARI vs THE MANAGING DIRECTOR V R L LOGISTICS LTD
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2565 OF 2022
(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1733 OF 2022
(MV-D)
IN MFA No. 2565/2022
BETWEEN:
1. SRI. SRINIVASA POOJARI,
AGED ABOUT 33 YEARS,
S/O SHIVA POOJARI,
R/AT NO.56, GAJANNA NAGARA,
HEGGANAHALLI CROSS,
ND
PEENYA 2 STAGE,
BENGALURU – 560 058.
PERMANENT ADDRESS:
NO.2/182, SHAMBU HOUSE,
NJJADI VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT - 560 058.
…APPELLANT
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
(BY SRI. NAGARAJA REDDY D., ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
- 2 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
VRL LOGISTICS LTD.,
AEGD AND ADM OFFICE,
NH-4, BENGALURU ROAD,
VARUR HOBLI,
ARALIKATTI - 581 207.
2. THE NEW INDIA ASSURANCE COMPANY LTD.,
NO.301, 2-B UNITY BUILDING ANNEX,
TH
11 A CROSS, P KALINGA RAO ROAD,
MISSION ROAD,
BENGALURU - 560 027.
REP. BY ITS MANAGER.
3. SMT. PRAMEELA,
AGED ABOUT 42 YEARS,
W/O NAGANNA,
R/AT KENCHANAHALLI VILLAGE,
SATHENAHALLI POST,
HASSAN TALUK AND DISTRICT – 573 111.
4. SRI. NAGANNA,
AGED ABOUT 45 YEARS,
S/O LATE CHANNEGOWDA,
R/AT KENCHANAHALLI VILLAGE,
SATHENAHALLI POST,
HASSAN TALUK AND DISTRICT – 573 111.
…RESPONDENTS
(BY SRI. RAVI S. SAMPRATHI., ADVOCATE FOR R2;
SRI. GIRISH B. BALADARE., ADVOCATE FOR R3 & R4;
NOTICE TO R1 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.12.2021, PASSED IN
- 3 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
MVC.NO.725/2018, ON THE FILE OF THE XXI ADDITIONAL
SMALL CAUSES JUDGE AND A.C.M.M., ADDITIONAL M.A.C.T.
AT BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN MFA NO. 1733/2022
BETWEEN:
1. PRAMEELA,
AGED ABOUT 40 YEARS,
W/O NAGANNA,
R/O AT KENCHANAHALLI VILLAGE,
SATHENAHALLI POST,
HASSAN TALUK AND DISTRICT – 573 201.
2. SRI. NAGANNA,
AGED ABOUT 45 YEARS,
S/O LATE CHANNEGOWDA,
R/O AT KENCHANAHALLI VILLAGE,
SATHENAHALLI POST,
HASSAN TALUK AND DISTRICT – 573 201.
...APPELLANTS
(BY SRI. GIRISH B. BALADARE., ADVOCATE)
AND:
1. SRI. SRINIVAS POOJARI,
S/O SHIVA POOJARI,
AGED ABOUT 29 YEARS,
R/O 56 GAJANANA NAGARA,,
HEGGANAHALLI CROSS,
- 4 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
ND
PEENYA 2 STAGE,
BANGALORE – 560 058.
PERMANENT ADDRESS:
NO.2/182 SHAMBU HOUSE,
NUJADI VILLAGE,
KUNDAPURA TALUK,
UDUPI DISTRICT – 576 233.
2. THE MANAGING DIRECTOR,
VRL LOGISTICS LTD.,
REGD. AND ADMN. OFFICE,
NH-4, BENGALURU ROAD,
VARURU HOBLI,
ARALIKATTI – 581 27.
3. THE NEW INDIA ASSURANCE CO. LTD.,
NO.301, 2-B UNITY BUILDING ANNEX,
TH
11 A CROSS, P KALINGA RAO ROAD,
MISSION ROAD,
BENGALURU – 560 027.
...RESPONDENTS
(BY SRI. D. NAGARAJA REDDY., ADVOCATE FOR R1;
SRI. RAVI S. SAMPRATHI., ADVOCATE FOR R3)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST
THEJUDGMENT AND AWARD DATED 13.12.2021, IN
MVC.NO.725/2018, ON THE FILE OF THE XXI ADDITIONAL
SMALL CAUSE JUDGE AND A.C.M.M., ADDITIONAL
M.A.C.T. AT BENGALURU, (SCCH-23), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR FURTHER HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 5 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL/CAV JUDGMENT
1. The appellants are before this Court being
aggrieved by the judgment and award dated 13.12.2021
passed in MVC.No.725/2018 pending on the file of the XXI
Addl. Small Causes and Addl. MACT, Bangalore, seeking
enhancement of compensation.
Factual matrix of the case:
2. On 21.12.2017 at about 04:05 p.m., Smt.
Sushmitha K.N., was proceeding as a rider on TVS Jupiter
Scooter from Jai Munirao Circle towards KSB junction.
When she reached in front of Raheja apartments, Magadi
Road, a lorry bearing registration No.KA-25-A-3209 came
in a rash and negligent manner dashed her scooter to its
rear side. As a result, she was thrown out from her vehicle
and the left side rear wheel of the lorry ran over her right
shoulder. Consequently, she died on the spot. Post
mortem was conducted at Victoria Hospital, Bangalore.
- 6 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
Thereafter, the legal representatives are approached the
Tribunal by filing the claim petition. The claim petition was
allowed and compensation of Rs.13,70,000/- along with
interest at the rate of 6% per annum was awarded. The
apportionment was made by the Tribunal to distribute the
compensation among the legal representatives.
3. Heard learned counsel for the respective
parties.
4. Learned counsel for the appellant in
MFA.NO.2565/2022 submits that while calculating the
compensation under the head of loss of dependency the
tribunal has taken the income of the deceased as
Rs.8,000/- per month, which is on lower side and other
conventional heads are required to be enhanced in terms
of the settled principle of law. Hence, the compensation is
required to be modified accordingly. Making such
submissions learned counsel for the appellant in
MFA.NO.2565/2022 prays to allow the appeal.
- 7 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
5. Learned counsel for the appellants in
MFA.NO.1733/2022 submits that, in addition to seeking
enhancement of compensation the relationship of the
appellant in MFA.NO.2565/2022 also disputed. The learned
counsel for the appellant disputed the jural relationship of
Srinivasa Poojary and the deceased as husband and wife
and he prays to dismiss the appeal filed by the said
Srinivasa Poojary for enhancement and prays to allow his
appeal.
Per Contra
6. , the learned counsel representing
the respondent Insurance Company vehemently justified
the award passed by the Tribunal and prays to dismiss
these appeals.
7. Having heard learned counsel for the respective
parties and also on perusal of the findings of the Tribunal
in awarding the compensation the parents of the deceased
had raised objection after being impleaded that Srinivasa
Poojary was not the husband of the deceased. The
- 8 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
Tribunal has framed the issue No.2 and discussed that the
said Srinivasa Poojary has produced wedding card,
marriage certificate and marriage photos and also C.D.,
which are exhibited as Ex-P13 to P.16. Even though, he
has been cross-examined extensively, nothing has been
elicited to discard his evidence. Therefore, his evidence
was accepted and apportionment was made. Hence, the
contention of the learned counsel in MFA.NO.1733/2022
has been rejected.
8. As regards the quantum of the compensation is
concerned, the accident occurred in the year 2017. The
Tribunal while calculating the loss of dependency
considered the income of the deceased as Rs.8,000/-
which is contrary to the settled position of law. It should
have been Rs.11,000/- per month as per the guidelines.
Therefore, the compensation is required to be re-
determined under the changed circumstances which reads
as under:
- 9 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
Sl.
This
Heads Tribunal
No.
Court
Loss of
12,10,000 22,17,600
dependency
01.
(11,000 + 40%
- 1/3rd x 12 x
18)
Loss of
1,20,000 1,20,000
02.
consortium
03. Loss of estate 20,000 20,000
Funeral
20,000 20,000
04.
expenses
Total 13,70,000 23,77,600
9. The enhanced amount carries 6% interest from
the date of petition till its realisation.
10. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i. The appeals are allowed in part .
- 10 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
ii. The judgment and award dated 13.12.2021
passed in MVC.No.725/2018 pending on the
file of the XXI Addl. Small Causes and Addl.
MACT, Bangalore , is modified, granting
compensation of Rs.23,77,600/ - as against
Rs.13,70,000/- awarded by the Tribunal is
modified.
iii. The appellants in MFA.No.1733/2022 are
entitled to have 30% of enhanced
compensation.
iv. The appellant in MFA.NO.2565/2022 is
entitled to have 70% of enhanced amount.
v. The Insurance Company is directed to
deposit the entire amount within a period of
eight (08) weeks from the date of receipt of
this order along with interest at the rate of
6% per annum failing which the enhanced
- 11 -
HC-KAR
NC: 2026:KHC:60115
MFA No. 2565 of 2022
C/W MFA No. 1733 of 2022
CNR: KAHC010128532022
compensation will carry interest at the rate
of 9%.
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
NM/-
List No.: 1 Sl No.: 31