Smt. Kalavathi Vs Chandra Sekhar Reddy — Motor Accident Claims | Karnataka HC (2025)

Smt. Kalavathi Vs Chandra Sekhar Reddy — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Compensation enhanced from Rs.17,08,660/- to Rs.23,21,420/- with interest at 6% per annum from the date of petition till the date of realization; both Insurance Companies jointly and severally liable to pay within eight weeks; on deposit, claimants entitled to withdraw the entire amount without furnishing security; Respondent No.4 insurer to pay 50% of the awarded amount and recover it from Respondent No.3 (vehicle owner); apportionment as per the Tribunal's award; trial court records to be returned; no costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the compensation of Rs.17,08,660/- awarded by the Tribunal is just and reasonable and requires enhancement, particularly on the income taken for the deceased and the conventional heads.

Court's answer

Income of the deceased (aged about 40 years) taken at Rs.12,500/- per month; future prospects at 25% (Rs.3,125/-) added, making the income Rs.15,625/- per month.

Ratio / Principle

As there are four claimants, one-fourth (Rs.3,906/-) deducted towards the deceased's personal expenses; contribution to the family fixed at Rs.11,719/- per month.

Key takeaways

Loss of dependency computed at Rs.21,09,420/- (11,719 x 12 x 15).ratio¶39
Loss of consortium awarded at Rs.1,76,000/- (4 x 44,000, for the four claimants).ratio¶39
Funeral expenses of Rs.36,000/- awarded.ratio¶39

Detailed headnote1 paragraphs

Motor Accidents - Enhancement of compensation - Appeal under S.173(1) of MV Act against award dated 21.06.2022 in MVC No.5644/2018 by Chief Judge, Court of Small Causes, Member, Prl. MACT, Bengaluru - Deceased aged about 40; accident of year 2018 - Income taken at Rs.12,500/- per month with 25% future prospects (Rs.15,625/-); one-fourth (Rs.3,906/-) deducted towards personal expenses as four claimants; contribution Rs.11,719/- - Loss of dependency Rs.21,09,420/- (11,719 x 12 x 15); consortium Rs.1,76,000/- (4 x 44,000); funeral expenses Rs.36,000/- - Total Rs.23,21,420/- - Appeal partly allowed; compensation enhanced from Rs.17,08,660/- to Rs.23,21,420/- with interest at 6% p.a. from date of petition till realization - Both Insurance Companies jointly and severally liable to pay within eight weeks, withdrawal without security; Respondent No.4 insurer to pay 50% and recover from Respondent No.3/owner; apportionment as per Tribunal's award.

NC: 2025:KHC:24871 MFA No. 7877 of 2022

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7877 OF 2022 (MV-D) BETWEEN:

SMT. KALAVATHI W/O LATE DASARI ANIJINEYULU AGED 39 YEARS

D SOWMYA D/O LATE DASARI ANJINEYULU AGED 16 YEARS

D DARSHAN S/O LATE DASARI ANJINYEYULU AGED 12 YEARS

DASARI NARAYANAPPA, S/O RAMAYYA, AGED 74 YEARS,

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

APPELLANT NOS. 2 AND 3 ARE MINORS, HENCE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE FIRST APPELLANT VIZ., SMT. KALAVATHI ALL ARE RESIDING AT NO 3-48, THIMMAPURAM, PEDDAMANTHUR ANATHAPURA DISTRICT, ANDHRA PRADESH - 515 613.

…APPELLANTS

(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)

AND:

CHANDRA SEKHAR REDDY, S/O B. BALA NAGI REDDY, NO. 6-33, O.C. COLONY TADIMARRI, DADIHOTA, ANANTHPUR, ANDRA PRADESH - 515 631.

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M/S ICICI LOMBARD GENERAL INSURANCE CO . LTD., REPRESENTED BY ITS MANAGER NO. 121, THE ESTATE, 9TH FLOOR DICKENSON ROAD, M.G. ROAD, BENGALURU - 560 042.

SIVAJAPPA GARI GANGADARAPPA, S/O ANJINAPPA S, MAJOR R/O THIMMAPURAM, PEDDAMANTHUR, AANANTHPUR DISTRICT, ANDHRA PRADESH - 515 124.

M/S CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER NO. 135/5, 2ND FLOOR, J.P NAGAR, 3RD PHASE BENGALURU - 560 078.

…RESPONDENTS

(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; SRI. B. PRADEEP, ADVOCATE FOR R4 R1 - CHANDRA SEKHAR REDDY - SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO. 5644/2018 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (S.C.C.H-1), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

Aggrieved by the award passed by Chief Judge, Court of Small Causes, Member Prl. Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.5644/2018 dated 21.06.2022. Whereby, the tribunal had granted compensation of an amount of Rs.17,08,660/-. The claimants are before this Court seeking enhancement of the compensation.

Learned counsel appearing for the claimant submits that the tribunal had failed to take the income at Rs.12,500/and this accident had taken place in the year 2018 and had failed to grant reasonable compensation on the conventional heads also. It is submitted that the amount that is awarded by the Tribunal is not just and reasonable compensation.

Learned counsel appearing for the

respondent/insurance company submits that the tribunal has considered all these aspects and granted a just and reasonable compensation.

Having heard the learned counsels on either side, perused the material on record. In this case, the accident had

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taken place in the year 2018 and the national income has to be taken at Rs.12,500/- considering the age of the deceased, who was aged about 40, future prospects at 25% comes to an amount of Rs.3,125/- the income is Rs.15,625/- as there are four claimants 1/4 has to be deducted i.e., Rs.3,906/- towards his personal expenses and the contribution to the family would be Rs.11,719/-. Under the head of loss of dependency it would come to an amount of Rs.21,09,420 /- (11,719 x 12 x 15) under the head of consortium' (4 x 44,000) Rs.1,76,000 /- and towards 'funeral expenses' a sum of Rs.36,000/- is granted.

Altogether, the claimants are entitled for compensation

of an amount of Rs.23,21,420/- .

i) Accordingly, the appeal is partly allowed by enhancing the compensation from an amount of Rs.17,08,660/- to Rs.23,21,420/- along with interest at the rate of 6% per annum from the date of petition till the date of realization.

ii) Both the Insurance Companies are jointly and severally liable to pay the compensation within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the

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claimants are entitled to withdraw the entire amount without furnishing any security.

iii) * Respondent No.4/Insurance company is liable to pay 50% of the awarded amount and recover the same from the R-3/owner of the vehicle.

iv) The apportionment of the amount shall be as per the award passed by the Tribunal.

v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

vi) No costs.

vii) Pending miscellaneous petitions, if any, shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

VS

List No.: 4 Sl No.: 35 CT: BHK

Page No.5 is retyped and replaced vide chamber order dated: 27.09.2025.