High Court allowed an appeal under MV Act enhancing motor accident compensation. Court corrected notional income to Rs.12,500, awarded loss of consortium, and directed payment of Rs.9,56,000 extra plus 6% interest.
Enhanced compensation of Rs.9,56,000 with 6% interest payable by respondents.
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.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6914 OF 2021 (MV-D)
BETWEEN:
BOTH ARE RESIDING AT MUGALABELE (V), S. MADAMANGALA (P), BANGARPET TALUK, KOLAR (D)
Digitally signed by SHARADAVANI B
Location: High Court of Karnataka
HC-KAR
ALL ARE RESIDING AT NO.355, OLD TILES FACTORY BANGARPET CIRCLE, KOLAR TOWN.
…APPELLANTS
(BY SRI. VENKATA REDDY C.M, ADVOCATE)
AND:
…RESPONDENTS (BY SRI. GOPALKRISHNA SOODHI, AGA FOR R1 AND R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2019 PASSED IN MVC NO. 06/2019 ON THE FILE OF THE MACT AND III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA
HC-KAR
ORAL JUDGMENT
This appeal is filed by the claimants being aggrieved by the judgment and award dated 14th November 2019, passed by the MACT and III Additional Senior Civil Judge, Kolar, (for short `Tribunal'), in MVC No.06/2019, seeking enhancement of compensation.
referred to as per their ranking before the Tribunal.
NC: 2025:KHC:43931 MFA No. 6914 of 2021
HC-KAR
HC-KAR
| Particulars | Amount in Rs. |
|---|---|
| Loss of dependency | 11,34,000/- |
| Funeral Expenses and transportation of dead body |
15,000/- |
| Loss of estate | 15,000/- |
| Total | 11,64,000/- |
the sides.
HC-KAR
consortium as per the law laid down in the cases of National
Insurance Company Limited Vs. Pranay Sethi & Others1
as well as Magma General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram and Others2 . Accordingly, the claimants are entitled to the following amount of compensation:
| Particulars | Amount in Rs. |
|---|---|
| Loss of dependency (12,500+40%x12x18x50%) |
18,90,000/- |
| Loss of consortium (40,000x5) | 2,00,000/- |
| Loss of estate | 15,000/- |
| Funeral expenses | 15,000/- |
| Total | 21,20,000/- |
| Amount awarded by the Tribunal | 11,64,000/- |
| Enhancement- | 9,56,000/- |
1 AIR 2017 SC 5157
2 (2018) 18 SCC 130
NC: 2025:KHC:43931 MFA No. 6914 of 2021
HC-KAR
ORDER
i) The Appeal is allowed .
ii) The judgment and award dated 14th November 2019, passed in MVC.No.06/2019, by the M ACT and III Additional Senior Civil Judge, Kolar, stands modified;
iii) The claimants are entitled to enhanced compensation of Rs.9,56,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization.
iv) The respondents shall deposit the amount within a period of six weeks from the date of award.
v) The remaining portion of the award regarding apportionment, release and deposit are not disturbed.
vi) Draw award accordingly.
NC: 2025:KHC:43931 MFA No. 6914 of 2021
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Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal.
Sd/(UMESH M ADIGA) JUDGE
AMA List No.: 1 Sl No.: 7
3 issues framed by the court
Whether the Tribunal erred in fixing the notional income of the deceased at Rs.7,500/- per month instead of Rs.12,500/-?
Whether compensation under the head of loss of consortium was properly excluded from the award?
Whether the claimants are entitled to enhanced compensation and interest on the revised amount?
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi & OthersApplied¶47
AIR 2017 SC 5157 · Who else cites this
Magma General Insurance Co. Ltd. Vs. Nanu Ram Alias Chuhru Ram and OthersApplied¶47
(2018) 18 SCC 130 · Who else cites this
SRI. R BASAVARAJ S/O REVAPPA
SMT. R SUDHA W/O SRI. R BASAVARAJ
R. KUSUMA D/O SRI. R. BASAVARAJ
RAJESHWARI D/O SRI. R BASAVARAJ
REKHA D/O SRI. R BASAVARAJ
MEDICAL OFFICER (H AND FWS) GENERAL HOSPITAL, ROBERTSONPET, KGF
UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
