Mallesh S/O. Siddappa Benal Vs Sri Sharanabasappa S/O. Irappa Sajjan

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 07^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100836 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.101283 OF 2024 (MV-I)

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IN M.F.A. NO.100836 OF 2024

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BETWEEN:

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SMT. KASTURI W/O. GURUBASAPPA @ GURUBASU TUMBARAMATTI, AGE. 39 YEARS, OCC. HOUSEHOLD,

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SHRI GURUBASAPPA @ GURUBASU S/O. MALLAPPA TUMBARAMATTI, AGE. 42 YEARS, OCC. COOLIE,

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

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KUM. MALLAVVA D/O. GURUBASAPPA @ GURUBASU TUMBARAMATTI, AGE. 17 YEARS, OCC. STUDENT,

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KUM. SANTOSH S/O. GURUBASAPPA @ GURUBASU TUMBARAMATTI, AGE. 12 YEARS, OCC. STUDENT, ALL ARE R/O. TIMMAPUR, NOW AT R/O. KATARAKI, TQ. BADAMI, DIST. BAGALKOT.

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(THE APPELLANT NO.3 AND 4 ARE THE MINORS R/BY THEIR NATURAL MINOR GUARDIAN I.E. MOTHER APPELLANT NO.1)

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…APPELLANTS

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(BY SRI B.S. SANGATI, ADVOCATE.)

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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AND:

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SRI SHARANABASAPPA S/O. IRAPPA SAJJAN, AGE. 49 YEARS, OCC. OWNER OF THE VEHICLE, R/O. NANDANUR POST, HUVANUR, TQ. HUNGUND, DIST. BAGALKOT.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADGI ROAD, TQ. DIST. BAGALKOT, (POLICY NO.2401043118P104787848) (VALID ROM.10.07.2018 TO 09.07.2019)

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…RESPONDENTS

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(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE IS DISPENSED WITH.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2024 PASSED IN M.V.C. NO.203/2019 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIM TRIBUNAL-VIII, BADAMI AND ETC.,.

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IN M.F.A. NO.101283 OF 2024

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BETWEEN:

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MALLESH S/O. SIDDAPPA BENAL, AGE. 23 YEARS, OCC. PRIVATE JOB, R/O. TIMMAPUR, NOW AT R/O. KHYADA, TQ. BADAMI, DIST. BAGALKOT.

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…APPELLANT

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(BY SRI B.S. SANGATI, ADVOCATE)

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AND:

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SRI SHARANABASAPPA S/O. IRAPPA SAJJAN, AGE. 49 YEARS, OCC. OWNER OF THE VEHICLE,

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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R/O. NANDANUR, POST. HUVANUR, TQ. HUNGUND, DIST. BAGALKOT.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADGI ROAD, TQ. AND DIST. BAGALKOT, (POLICY NO.2401043118P104787848) (VALID FROM 10.07.2018 TO 09.07.2019)

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…RESPONDENTS

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(BY SRI S.S. KOLIWAD, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE IS DISPENSED WITH.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2024 PASSED IN MVC NO.192/2019 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VIII, BADAMI AND ETC.,.

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THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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These appeals are filed by the claimants/dependants of the deceased Sangamesh/rider of the motorcycle and the claimant/pillion rider of the motorcycle, respectively, challenging the judgment and award dated 02.01.2024, passed by the MACT No.VIII, Badami, in MVC Nos.203 and 192 of 2019, seeking enhancement of compensation.

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2. Heard the arguments and perused the material

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placed before the Court.

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The occurrence of accident, death of the deceased

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Sangamesh and the injuries sustained by the claimant pillion rider in the connected appeal, coverage of insurance are not in dispute in these cases.

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MFA No.100836/2024

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In this case, the tribunal has awarded

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards loss of dependency.	28,78,800
2.	Towards funeral expenses.	15,000
3.	Towards loss of consortium and love and affection.	30,000
4.	Towards loss of estate.	52,500
	Total:	29,32,800
	Rounded of to:	29,33,000

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The deceased was aged 19 years old at the time

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of accident and working as supervisor under a Class-I Contractor and was receiving a salary of Rs.19,000/- per month, which is supported by Ex.P.17 salary certificate and evidence of PW.3 the employer. The tribunal has awarded a

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compensation of Rs.28,78,800/- towards loss of dependency which is found to be correct. But the tribunal has awarded lesser compensation towards loss of consortium, loss of estate and towards transportation of dead body and funeral expenses.

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In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of National Insurance Company Limited vs. Pranay Sethi and others, reported in

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(2017) 16 Supreme Court Cases 680, the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are totally four dependents who are father, mother, minor brother and sister. Accordingly, Rs.1,76,000/- (Rs.40,000 x 4 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’.

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation.

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

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Thus, the claimants would be entitled for total

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency	28,78,800
2.	Towards loss of consortium (40,000 x 4 +10%)	1,76,000
3.	Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2+10%)	33,000
	Total:	30,87,800

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Therefore, the claimants are entitled for total compensation of Rs.30,87,800/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.29,33,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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MFA No.101283/2024

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In this case, from the medical evidence on record

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it is proved that the claimant had suffered the following injuries.

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i) Laceration 4 x 3 x 0.5 cm. over left lower area.

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ii) Laceration 5 x 3 x 0.05 cm. over left forearm.

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iii) Contusion 4 x 4 cm. over left ileac region. iv) Fracture midshaft of left clavicle (as per X- ray).

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v) As per CT scan abdomen and pelvic and grievous injuries all over the body.

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The tribunal has awarded compensation under

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various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards loss of earnings.	60,000
2.	Towards medical bills.	73,513
3.	Towards pain and sufferings and attending charges, travelling	25,000
	expenses.
	Total:	1,58,513
	Rounded of to:	1,59,000

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Considering the injuries sustained by the claimant, the compensation awarded by the tribunal under

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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various heads is litter lower side. Therefore, it is just and proper to award enhanced global compensation of Rs.20,000/- in addition to what has been awarded by the tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization.

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The Insurance Company is directed to deposit the compensation within a period of eight weeks from the date of receipt of a certified copy of this judgment.

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14. In the result, I proceed to pass the following:

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ORDER

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i) Both the appeals are allowed in part.

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ii) The judgment and awards dated 02.01.2024, passed by the MACT No.VIII, Badami, in MVC Nos.203/2019 and 192/2019, stand modified.

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iii) The claimants in MFA No.100836/2024 are entitled for total compensation of Rs.30,87,800/- along with interest at the rate of

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NC: 2025:KHC-D:149 MFA No. 100836 of 2024 C/W MFA No. 101283 of 2024

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6% p.a. from the date of petition till its

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realization, as against the compensation of Rs.29,33,000/- awarded by the tribunal.

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iv) The claimant in MFA No.101283/2024

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is entitled for enhanced global compensation of Rs.20,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to what has been awarded by the tribunal.

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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.

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vi) Send back the trial Court records along

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with a copy of this judgment to the tribunal.

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vii) No order as to costs.

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viii) Draw award accordingly.

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE