Geethamma Vs a v Harisha — Motor Accident Claims | Karnataka HC (2025)

Geethamma Vs a v Harisha — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of; the Tribunal's judgment and award in MVC.No.479/2016 dated 03.02.2017 is modified; total compensation enhanced to Rs.16,80,801/- with interest at 6% per annum on the enhanced compensation from the date of filing of the petition till realization; respondent No.2 – Insurance Company to deposit the amount with accrued interest, if any, within eight weeks; apportionment and disbursement as per the Tribunal's impugned order; no interest for the 110-day delay in filing the appeal; no order as to costs.

Issue for consideration

Whether the compensation awarded by the Tribunal was inadequate and required enhancement/re-determination by this Court.

Court's answer

On re-determination, 'loss of dependency' is computed at Rs.13,60,800/- taking the deceased's income at Rs.9,000/- per month (per the Karnataka State Legal Services Authority chart for accidents of 2015), adding 40% towards future prospects (deceased aged 25 years), applying multiplier '18', and deducting 50% towards personal expenses as the deceased was a bachelor.

Ratio / Principle

'Loss of consortium' is enhanced: the Tribunal had awarded Rs.60,000/-; a further sum of Rs.40,000/- each is awarded to the appellants, totalling Rs.80,000/- (Rs.40,000 x 2).

Key takeaways

'Medical expenses' of Rs.2,10,001/- awarded by the Tribunal based on the medical bills are kept intact.ratio¶46
'Transportation of dead body and obsequies ceremony' of Rs.30,000/- awarded by the Tribunal is held just and proper and kept intact.ratio¶48
Total compensation is re-determined at Rs.16,80,801/- as against Rs.10,02,001/- awarded by the Tribunal; the claimants are entitled to it with interest at 6% per annum on the enhanced compensation from the date of filing of the petition till realization, and respondent No.2 – Insurance Company is directed to deposit the amount within eight weeks.

Detailed headnote1 paragraphs

MFA No. 6634 of 2017 (MV-D), High Court of Karnataka at Bengaluru, Dr. Justice K. Manmadha Rao, decided 17-11-2025. Claimants' (parents') appeal under S.173(1) of the Motor Vehicles Act, 1988 seeking enhancement of compensation for the death of Shivarajkumar (aged 25, bachelor) in a 2015 road accident, against the judgment and award dated 03.02.2017 in MVC No.479/2016 by the Additional Senior Civil Judge & Additional MACT, Hassan, which partly allowed the claim and awarded Rs.10,02,001/- with 8% interest. Liability and fact of death not in dispute; sole dispute was inadequacy of compensation. Acting on a joint memo of calculation dated 17.11.2025 filed by counsel for the claimants and respondent No.2 (National Insurance Company Ltd.), the Court re-determined: loss of dependency Rs.13,60,800/- (income Rs.9,000/- p.m. per Karnataka State Legal Services Authority chart + 40% future prospects x 12 x multiplier 18 x 50% after personal-expenses deduction); loss of consortium Rs.80,000/- (Rs.40,000/- each over the Tribunal's Rs.60,000/-); medical expenses Rs.2,10,001/- and transportation of dead body & obsequies ceremony Rs.30,000/- kept intact. Total compensation Rs.16,80,801/- with 6% per annum interest on the enhanced amount from the date of filing of the petition till realization; insurer directed to deposit within eight weeks; apportionment per the Tribunal's order; no interest for the 110-day delay in filing the appeal; no costs. Appeal disposed of.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 6634 OF 2017 (MV-D)

BETWEEN:

GEETHAMMA W/O SIDDAIAH @ SIDDAPPA, AGED ABOUT 46 YEARS.

SIDDAIAH @ SIDDAPPA S/O DASSAPPA, AGED ABOUT 51 YEARS

BOTH ARE RESIDING AT BEVINAHALLI VILLAGE, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT.

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

PRESENTLY RESIDING AT C/O RAMEGOWDA, 11^TH CROSS ROAD, KUVEMPUNAGAR, HASSAN TALUK-573 201 HASSAN DISTRICT.

…APPELLANTS

(BY SRI. VIJAY SINGH M., ADVOCATE)

AND:

A.V. HARISHA S/O VENKATEGOWDA, MAJOR, NOOTHANA TRADERS,

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CEMENT DEALERS, H.I.G. 1, GOPALA SHIVAMOGA-577 205.

THE MANAGER NATIONAL INSURANCE COMPANY LTD. 1^ST FLOOR, S.S.COMPLEX, B.H.ROAD, HARSHA MELI, SHIVAMOGA-577 205.

PRESENTLY REPRESENTED BY: THE MANAGER NATIONAL INSURANCE COMPANY LTD., OLD BUS STAND ROAD, HASSAN-573 201.

…RESPONDENTS

(BY SRI. NIKHIL J., ADVOCATE FOR SMT. GEETHA RAJ, ADVOCATE FOR R-2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.479 OF 2016 ON THE FILE OF THE HONBLE ADDL. SENIOR CIVIL JUDGE AND ADDL. M.A.C.T AT HASSAN AND MODIFY AND ENHANCE THE COMPENSATION AWARDED IN JUDGMENT AND AWARD DATED 03-02-2017 PASSED IN M.V.C.NO.479 OF 2016 BY HONBLE ADDL. SENIOR CIVIL JUDGE AND M.A.C.T. AT HASSAN AND ETC.

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

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

This appeal is by the claimants/appellants seeking for enhancement of compensation arising out of judgment and award dated 03.02.2017 in MVC No.479/2016 passed by the Additional Senior Civil Judge and Additional MACT, Hassan, (‘Tribunal’, for short) whereby, the Tribunal partly allowing the claim petition awarded compensation of Rs.10,02,001/- with interest at the rate of 8% per annum in respect of death of Shivarajkumar, son of appellants.

The date of accident, involvement of the vehicle,

death of Shivarajkumar and the liability to pay the compensation are not in dispute. The only dispute in this appeal is inadequate compensation awarded by the Tribunal.

Learned counsel for the appellant and respondent No.2 have jointly filed a memo of calculation dated 17.11.2025.

Memo of calculation is taken on record.

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In terms of memo, following compensation is awarded:-

The accident has taken place in the year 2015 and as per the chart prepared by the Karnataka State Legal Services Authority, income of the deceased is taken at Rs.9,000/- per month. As the deceased was aged 25 years as on the date of accident, 40% has to be added to the income of the deceased towards future prospects. The multiplier applicable is ‘18’. Since the deceased was a bachelor at the time of accident, 50% of his income has to be deducted towards personal expenses. Accordingly, on re-determination of the ‘loss of dependency’, the same works out to be:

9,000 + 40% x 12 x 18 x 50% = Rs.13,60,800/-

The Tribunal has awarded compensation of Rs.60,000/- towards ‘loss of consortium’ to the appellants. Hence, a sum of Rs.40,000/- each is awarded . Therefore,

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the appellants/claimants are entitled for a sum of

Rs.80,000/- (Rs.40,000 x 2).

The Tribunal has awarded compensation of

Rs.2,10,001/- towards ‘medical expenses’ based on the medical bills. Hence, the same is kept intact.

The Tribunal has awarded a sum of

Rs.30,000/- towards ‘transportation of dead body and obsequies ceremony’, which is just and proper and the same is kept intact.

In summary, the total compensation re-

determined by this Court under various heads are as follows:

1.	Loss of Dependency	:	Rs.	13,60,800/-
2.	Loss of consortium	:	Rs.	80,000/-
3.	Medical expenses	:	Rs.	2,10,001/-
4.	Transportation of dead body & obsequies ceremony	:	Rs.	30,000/-
	TOTAL	:	Rs.	16,80,801/-

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The total compensation re-determined by this

Court works out to Rs.16,80,801/as against Rs.10,02,001/- awarded by the Tribunal. The appellants – claimants are entitled for total compensation of Rs.Rs.16,80,801 along with interest at the rate of 6% per annum on the enhanced compensation from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.2 – Insurance Company is directed to deposit the compensation amount within eight weeks from the date of filing of the petition till realization.

Accordingly, for the foregoing reasons, I

proceed to pass the following:

ORDER

i) The appeal is disposed of ;

ii) The judgment and award passed by the Tribunal in MVC.No.479/2016, dated 03.02.2017, passed by the Additional Senior

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Civil Judge & Additional MACT, Hassan is modified;

iii) The appellants – claimants are entitled for total compensation of Rs.16,80,801/- along with interest at the rate of 6% per annum on the enhanced compensation from the date of filing of the petition till realization;

iv) The appellants/claimants are not entitled for interest for the delay period of 110 days in filing the appeal.

v) The compensation amount along with accrued interest if any, shall be deposited by the respondent No.2 – Insurance Company, within eight weeks from the date of filing of the petition till realization;

vi) Apportionment and disbursement of the compensation amount shall be as per the impugned order of the Tribunal.

vii) No order as to costs.

Sd/(DR.K.MANMADHA RAO) JUDGE

MH/-

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