Appeal filed to enhance motor accident compensation from Rs.6.36 lacs to Rs.14.62 lacs, applying Supreme Court precedents for loss of dependency and consortium with minor deduction for heirs.
Total compensation enhanced to Rs.14,62,600/- with interest at 6% p.a. from petition filing date till realization; appeal allowed in part.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:12406 MFA No. 100794 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100794/2016(MV)
BETWEEN:
Digitally signed by BHARATHI H M
SMT. CHANNAWWA W/O. SIDDHARODH MUNENNI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: HANNIKERI, NOW AT PATTIHAL K.B. TAL: BAILHONGAL, DIST: BELAGAVI.
…APPELLANTS
(BY SRI HANAMANT R. LATUR, ADVOCATE)
NC: 2023:KHC-D:12406 MFA No. 100794 of 2016
AND:
…RESPONDENTS
(BY SRI RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND ADDL. M.A.C.T, BAILHONGAL, IN MVC NO.1270/2011 DATED 15.12.2012, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC-D:12406 MFA No. 100794 of 2016
JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 15.12.2002, passed by the tribunal in MVC No.1270/2011, seeking enhancement of compensation.
compensation under various heads as follows:
| Sl.No. | Heads. | Amount in (Rs.) |
|---|---|---|
| 1. | Loss of dependency | 5,76,000-00 |
| 2. | Loss of estate | 15,000-00 |
| 3. | Loss of love and affection | 15,000-00 |
| 4. | Loss of consortium | 15,000-00 |
| 5. | Funeral and obsequies | 15,000-00 |
| Total: | 6,36,000-00 |
NC: 2023:KHC-D:12406 MFA No. 100794 of 2016
contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be modified.
re-assessed and quantified at Rs.6,000/-+2400(40% of
6,000/-)x3/4X16X12 =12,09,600/-.
NC: 2023:KHC-D:12406 MFA No. 100794 of 2016
Sl. Heads. Amount in (Rs.)
No.
1. Towards loss of dependency 12,09,600-00
2. Towards loss of consortium 2,20,000-00
3. Towards loss of estate and 33,000-00
transportation of dead body
& funeral expenses.
Total: 14,62,600-00
ORDER
NC: 2023:KHC-D:12406 MFA No. 100794 of 2016
ii) The judgment and award dated 15.12.2012 passed by the Senior Civil Judge and Addl. MACT, Bailhongal, in MVC No.1270/2011 stands modified.
iii) The claimants are entitled for total compensation of Rs.14,62,600-00 along with interest at the rate of 6% p.a. from the date of petition till its realization.
iv) The claimants are not entitled for interest for the delayed period of 1095 days in filing the appeal.
v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.
vi) Send back the trial Court records along with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
HMB List No.: 2 Sl No.: 1 CT-ASC
SD/JUDGE
3 issues framed by the court
Whether the compensation awarded by the tribunal is to be enhanced in view of Supreme Court principles regarding loss of dependency and consortium?
Whether the claimants are entitled to additional compensation under loss of consortium including loss of love and affection?
Whether interest at 6% p.a. should be granted for the delayed period of filing the appeal?
Colour shows how this judgement treated each authority
National Insurance Company Limited vs. Pranay Sethi and othersExplained¶38
National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, 40
Magma General Insurance Co. Limited v. Nanu Ram & OthersExplained¶39
Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782
3 provisions across 2 enactments
Smt. Channawwa (eoi Siddharodh Munenni)
Kumar Deepa (d/o Siddharodh Munenni)
Kumari Roopa (d/o Siddharodh Munenni)
Kumar Ravi (s/o Siddharodh Munenni)
Shri Siddayya (s/o Shivalingayya Hiremath)
The Divisional Manager, National Insurance Co. Ltd.
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Hanchate Sanjeevkumar
Parties & counsel
