Mallikarjun S/O Basappa Chachadi Vs the Managing… — Motor Accident Claims | Karnataka HC (2025)

Mallikarjun S/O Basappa Chachadi Vs the Managing… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed in part: compensation enhanced from Rs.1,80,000/- to Rs.4,10,000/- (the amount claimed), with interest at 6% per annum from the date of the claim petition till realization; apportionment and disbursement of the enhanced amount in the same proportion as ordered by the Tribunal; modified award to be drawn.

Issue for consideration

Whether the claimants (parents of the deceased boy aged about 3 years) are entitled to enhancement of compensation beyond the Rs.1,80,000/- awarded by the Tribunal, up to the amount prayed in the claim petition. +2 more

Court's answer

Taking into consideration the totality of the facts and circumstances (including the contributory negligence of the grandmother-caretaker), the just compensation is enhancement of the award to the extent of the amount sought in the claim petition, i.e., Rs.4,10,000/- as against Rs.1,80,000/-, carrying interest at 6% p.a. from the date of the claim petition.

Ratio / Principle

While the accident occurred due to the actionable negligence of the bus driver, a certain degree of contributory negligence can be inferred on the part of the grandmother who was the caretaker of the deceased aged about 3 years; this weighed in fixing enhancement only up to the claim amount.

Key takeaways

There is no dispute on the legal position that compensation should be what is deemed just in light of the facts and where the circumstances and the evidence justify it; the Court's power in that regard is not confined to the amount claimed in the petition.obiter¶45

Detailed headnote1 paragraphs

Motor Vehicles Act, S.173(1) — Enhancement — Death of a boy aged about 3 years in a road traffic accident on 04.05.2008 near Savadatti Bus Stand due to actionable negligence of the driver of NWKRTC Bus KA-22-F-1224 — Tribunal (Addl. MACT, Dharwad, M.V.C. No.270/2008) awarded Rs.1,80,000/- with 6% interest, relying on 2008 Karnataka MAC 364 and 2009 ACJ 1924 — Parents appealed seeking enhancement to the claimed amount — Held, the case is of similar circumstances to Sadashiv Aihole (MFA No.24140/2011), which followed Kishan Gopal vs. Lala (LAW (SC) 2013 8 57); although the accident occurred due to the driver's negligence, a certain degree of contributory negligence is inferable against the grandmother-caretaker of the 3-year-old deceased; accordingly just compensation fixed at the amount sought in the claim petition — Compensation enhanced to ₹4,10,000/- with interest at 6% p.a. from the date of the claim petition till realization — Apportionment/disbursement as per Tribunal's order — Appeal allowed in part.

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NC: 2025:KHC-D:14237 MFA No. 100780 of 2015

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

M.F.A. NO.100780 OF 2015 (MV-D)

BETWEEN:

MALLIKARJUN S/O. BASAPPA CHACHADI, AGE: 37 YEARS, OCC: COOLIE, R/O. HITTANAGI, TQ. SAVADATTI, DIST: BELAGAVI.

SMT. KAMALAVVA KOM MALLIKARJUN CHACHADI, AGED ABOUT 32 YEARS,

OCC: HOUSEHOLD WORK, R/O. HITTANAGI, TQ. SAVADATTI, DIST: BELAGAVI.

…APPELLANTS

(BY SRI. K. ANANDKUMAR, ADVOCATE)

AND:

THE MANAGING DIRECTOR, NWKRTC GOKUL ROAD, HUBLI, TQ: HUBLI, DIST: DHARWAD.

Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

THE SELF INSURANCE FUND, NWKRTC GOKUL ROAD, HUBLI, TQ: HUBLI, DIST: DHARWAD.

…RESPONDENTS

(BY SRI. M. M. KHANNUR, ADV. FOR R1 AND R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 02.11.2010 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND ADDL. MACT DHARWAD IN M.V.C. NO.270/2008 AND ENHANCE THE COMPENSATION AS PRAYED IN THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

Though the matter is posted for admission, with the consent of learned counsels appearing for both side, the matter is taken up for final disposal.

The Claimants in MVC No.270/2008 on the file of the Principal Senior Civil Judge & CJM & Additional MACT, Dharwad have come up with this appeal praying for enhancement of the compensation by awarding compensation as prayed in the claim petition.

The Claimants have maintained the petition in MVC. No.270/2008 praying for compensation for the death of their minor child in a Road Traffic Accident occurred on

04.05.2008 at 5.00 p.m., near Savadatti Bus Stand, on account of actionable negligence on the part of the driver of NWKRTC Bus bearing Reg.No.KA-22-F-1224. The learned tribunal relying on the decisions reported in 2008 Karnataka MAC 364 and 2009 ACJ 1924, awarded compensation of

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Rs.1,80,000/- to the Claimants along with interest thereon at the rate of 6% p.a. from the date of petition till the date of realization.

There is no dispute regarding the occurrence of the accident or the actionable negligence on the part of the driver of the offending vehicle. The Claimants have approached this Court praying for enhancement of the compensation on the ground that the Tribunal has awarded meager global compensation in the case without considering material facts, documents and the evidence on record. They have further stated that the Tribunal has even failed to award compensation under some particular heads such as transpiration on dead body, funeral expenses, loss of love and affection, loss of estate, etc.

During the course of argument, learned Counsel for the Claimants relied upon the decision of this High Court in Sadashiv Aihole & Mang and Another Vs Basappa S/o Shankarappa Mang and Others , in MFA No.

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24140/2011. This was a case wherein compensation was claimed for the death of about 4 years old boy in a road traffic accident. This Court relying on a decision of the Hon’ble Apex Court in Kishan Gopal vs. Lala , LAW (SC) 2013 8 57 , determined quantum of compensation under the head of loss of income as Rs.4,50,000/- and compensation under conventional heads as Rs.50,000/- and awarded a total compensation of ₹5,00,000/- to the Claimants therein together with interest at the rate of 6% p.a.

Perusal of the case papers reveal that the case on hand is of similar circumstances as in the above referred decisions. The deceased is a boy aged about 3 years. He said to have met with an accident while in the company of his grand mother. It is the definite case of the Claimants that the deceased had succumbed to the injuries at the spot.

Per contra, learned Counsel for Respondents

tried to justify the compensation awarded by Tribunal and

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submitted that at any event the Claimants are not entitled to claim more compensation than ₹4,10,000/- claimed in claim petition before the Tribunal.

Learned Counsel for Claimants fairly conceded that the Claimants had sought for compensation of ₹4,10,000/- before the Tribunal. He further submitted that the power of this Court is not restricted to award only the amount claimed in the petition and duty bound to award just compensation. There is no dispute regarding the legal position. The principle is that compensation should be what is deemed just in light of the facts and where the circumstances and the evidence justify it.

As already pointed out, this a case wherein compensation is claimed for the death of a boy aged about 3 years. Admittedly, the accident in question occurred within the premises of Savadatti Bus Stand. It is stated that the deceased was in the company of his grand mother at the time of the incident. No doubt, the Tribunal has held

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that the said accident occurred due to actionable negligence

on the part of the driver of bus. At the same time, we cannot ignore the lapse on the part of the care taker of the deceased, who was only aged about 3 years. As such certain degree of contributory negligence can also be inferred on the part of the grand mother of the deceased. Thus, taking into consideration totality of the facts and circumstance of the case, this Court opines that enhancement of the compensation to the Claimants to the extent of the amount sought in the claim petition would be the just compensation in the case.

In the result, this Court proceeds to pass the

following:

ORDER

I. The appeal is allowed in part .

II. The compensation to the Claimants in MVC No.

270/2008 on the file of learned Principal Senior Civil

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Judge and CJM and AMACT, Dharwad is enhanced to ₹4,10,000/- as against Rs.1,80,000/- awarded by the Tribunal.

III. The enhanced compensation amount shall carry interest at 6% per annum from the date of the claim petition till the date of realization.

IV. The apportionment and disbursement of the enhanced compensation amount shall be effected in same proportion as ordered in the judgment and award by the learned Tribunal.

V. Draw modified award accordingly.

Sd/(B. MURALIDHARA PAI) JUDGE

MBS, VB /CT-AN

List No.: 1 Sl No.: 18