Smt Gangarathnamma Vs Sri Bidyadhar Bagaria — Motor Accident Claims | Karnataka HC (2025)

Smt Gangarathnamma Vs Sri Bidyadhar Bagaria — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed-in-part; judgment and award dated 25.07.2022 in MVC.No.3921/2012 modified; claimants entitled to Rs.5,75,172/- (against Rs.4,36,172/-) with interest @ 6% p.a.; enhanced amount payable by respondent-Insurance Company within four weeks, to be deposited before the tribunal with liberty to the claimants to withdraw; all other terms and conditions stipulated by the tribunal undisturbed and retained.

Issue for consideration

Whether the appellants-claimants are entitled to compensation under the head of loss of consortium?

Court's answer

Loss of consortium enhanced: in accordance with National Insurance Company Limited vs. Pranay Sethi and others, (2017) 16 SCC 680, each of the three claimants is entitled to Rs.40,000/- under the head of loss of consortium; totalling Rs.1,20,000/- (Rs.40,000/- x 3) with 20% escalation towards two block periods, i.e., Rs.1,44,000/-, replacing the tribunal's award of Rs.5,000/- under this head.

Ratio / Principle

The tribunal's awards of Rs.4,26,672/- towards loss of dependency, Rs.2,000/- towards transportation and funeral expenses and Rs.2,500/- towards loss of estate do not call for interference and are retained.

Key takeaways

The claimants are entitled to a total compensation of Rs.5,75,172/- as against Rs.4,36,172/- awarded by the tribunal.ratio¶56

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — Claim under S.163-A (no-fault liability) — Enhancement of compensation — Fatal accident of 11.04.2012 — Loss of consortium: tribunal's award of Rs.5,000/- enhanced to Rs.1,44,000/- (Rs.40,000/- per claimant x 3 claimants, plus 20% escalation towards two block periods), following National Insurance Company Limited vs. Pranay Sethi and others, (2017) 16 SCC 680 — Tribunal's awards under loss of dependency (Rs.4,26,672/-), transportation and funeral expenses (Rs.2,000/-) and loss of estate (Rs.2,500/-) retained without interference — Total compensation enhanced from Rs.4,36,172/- to Rs.5,75,172/- with interest @ 6% p.a., payable by insurer within four weeks — Appeal allowed-in-part.

1 - NC: 2025:KHC:9019 MFA No. 28 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 28 OF 2023 (MV-D)

BETWEEN:

SMT. GANGARATHNAMMA, W/O LATE R. SEETHARAMAPPA, AGED ABOUT 46 YEARS.

SRI SRIKANTH, S/O LATE R.SEETHARAMAPPA, AGED ABOUT 25 YEARS.

SRI MURALI, S/O LATE R. SEETHARAMAPPA, AGED ABOUT 23 YEARS.

ALL ARE RESIDING AT KRISHNAPURA VILLAGE, DIBBUR POST, CHIKKABALLAPURA TALUK AND DISTRICT.

…APPELLANTS

Digitally signed by CHAITHRA P Location: High Court of Karnataka

(BY SRI K.N.HARISH BABU, ADVOCATE AND SRI M.V.RAVI, ADVOCATE)

AND:

SRI BIDYADHAR BAGARIA, S/O GANESH RAM BAGARIA, BALOD BARI, TEH FATHEHPUR SIKAR, (RAJASHTAN).

VENKATESH C., S/O CHIKKA KRISHNAPPA, NO.868A, INDIRANAGAR, CHIKKABALLAPURA.

THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE CO. LTD.,

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S.5, 2^ND FLOOR, INFANTRY ROAD, BANGALORE - 01.

LEGAL MANAGER, SHRIRAM GENERAL INSURANCE CO., E-8, RICO INDUSTRIAL AREA, SITPURA, JAIPUR, RAJASTHAN - 302 022.

…RESPONDENTS

(BY SRI MALLIKARJUN REDDY, ADVOCATE FOR SRI B.PRADEEP, ADVOCATE FOR R3 AND R4; VIDE ORDER DATED 09.01.2023, NOTICE T R1 AND R2 IS DISPENSED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 25.07.2022 PASSED IN MVC NO.3921/2012 BY THE MACT, COURT OF SMALL CAUSES, BENGALURU.

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

CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is preferred by the claimants challenging

the judgment and award dated 25.07.2022 passed in MVC.No.3921/2012 by the Court of the MACT, Court of Small Causes, Bengaluru (for short ‘the tribunal’). This appeal is founded on the premise of inadequacy of compensation awarded by the tribunal.

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Parties to the appeal shall be referred to as per

their status before the tribunal.

Brief facts of the case are as under:

On 11.04.2012 at about 9.45 a.m., the deceased Seetharamappa R. was driving a tempo bearing registration No.KA-40:A-4466 on Hospet-Kustagi road. At that time, a lorry bearing registration No.RJ-23:GA-3788 came in a rash and negligent manner and dashed against the tempo of the deceased. Due to the said impact, the said Seetharamappa R. fell down and sustained grievous injuries and succumbed to the same. Hence, the claimants, who are the legal representatives of the deceased filed a claim petition seeking compensation.

3.1 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded compensation of Rs.4,36,172/- with interest @ 6% p.a.

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3.2 Being aggrieved by the meager compensation awarded by the tribunal, the claimants are before this Court seeking enhancement of compensation.

It is the vehement contention of the learned counsel for appellants-claimants that the tribunal has committed an error in awarding consortium and loss of estate to an extent of Rs.5,000/- and Rs.2,500/respectively, which is erroneous. Hence, the same requires to be corrected and enhanced. Learned counsel for appellant is not aggrieved with other order of compensation awarded by the tribunal. On these grounds, he seeks to allow his appeal and consequently enhance the compensation.

Per contra , learned counsel for respondent-

Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal.

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Heard learned counsel for appellants-claimants

and learned counsel for respondent-Insurance Company, a

short point that would arise for consideration:

“(i) Whether the appellants-claimants are entitled for compensation under the head loss of consortium ?

Having perused the impugned judgment and

award, the occurrence of the accident, involvement of the vehicle, and the claim petition having been filed under Section 163-A of the Motor Vehicles Act, 1988 on the ground that no fault liability is not in dispute, so also the compensation award under other heads.

On careful perusal of the records and on hearing the submission of both the learned counsels, it is apparently seen that the tribunal has awarded Rs.5,000/under the head loss of consortium, whereas in accordance to the judgment of the Hon’ble Apex Court in the case of

National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme

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Court Cases 680 each of the claimants would be entitled to Rs.40,000/under the head loss of consortium. Therefore, the claimants are entitled for Rs.1,20,000/(Rs.40,000/- x 3) along with 20% escalation towards two block periods, which would be Rs.1,44,000/- (Rs.1,20,000/- + 20%) under this head.

The tribunal awarded Rs.4,26,672/- towards loss of dependency, Rs.2,000/- towards transportation and funeral expenses and Rs.2,500/- towards loss of estate, which do not call for interference and the same are retained.

In view of the above, the claimants shall be entitled to a total compensation of Rs.5,75,172/- as

against Rs.4,36,172/- as mentioned in the table below:

Heads	Amount in Rs.
Loss of dependency	4,26,672-00
Loss of consortium	1,44,000-00
Transportation and funeral expense	2,000-00
Loss of estate	2,500-00
TOTAL	5,75,172-00

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11. Accordingly, I pass the following:

ORDER

i) The appeal is allowed-in-part ;

ii) The judgment and award dated 25.07.2022 passed in MVC.No.3921/2012 by the Court of the MACT, Court of Small Causes, Bengaluru, is modified;

iii) The claimants shall be entitled to a sum of Rs.5,75,172/- as against Rs.4,36,172/along with interest @ 6% p.a.;

iv) The enhanced compensation amount shall be paid by the respondent-Insurance Company with interest at 6% p.a. within a period of four weeks from the date of receipt of a copy of this order;

v) The Insurance Company shall deposit the amount before the tribunal, on such deposit the appellants-claimants shall be permitted to withdraw the amount.

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vi) All other terms and conditions stipulated by

the tribunal are undisturbed and retained;

vii) Ordered accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

CPN CT: BHK