Sri K Virupakshappa Vs Sri C N Shivakumarappa — Succession and Inheritance | Karnataka HC (2026)

Sri K Virupakshappa Vs Sri C N Shivakumarappa — Succession and Inheritance | Karnataka HC (2026)

What the court decided

AI extract

Outcome

MFA Nos. 4833/2022 and 1050/2022 partly allowed: compensation modified to Rs.15,83,664/- (income Rs.8,000/- p.m. + 40% prospects, less 1/3rd; consortium Rs.40,000/- x 3; loss of estate enhanced by Rs.15,000/-); wife's claim allowed and all claimants to take equal shares; MFA No. 3080/2018 (Insurance Company) dismissed.

Issue for consideration

Whether the Tribunal erred in assessing the deceased's monthly income at Rs.6,000/- instead of Rs.25,000/- while computing loss of dependency. +3 more

Court's answer

Monthly income of the deceased enhanced from Rs.6,000/- to Rs.8,000/- in recomputation of loss of dependency.

Ratio / Principle

40% future prospects added to the income and 1/3rd deducted, having considered the law laid down by the Hon'ble Supreme Court.

Key takeaways

Consortium of Rs.40,000/- each granted to three persons and loss of estate enhanced by Rs.15,000/- in addition to the award granted by the Tribunal.ratio¶127
Total compensation determined at Rs.15,83,664/- (Rupees Fifteen Lakh Eighty Three Thousand Six Hundred Sixty Four Only).ratio¶130
The Tribunal committed error in rejecting the claim of the wife of the deceased, there being no proper evidence to substantiate that she had deserted her husband; her claim is allowed.ratio

Detailed headnote1 paragraphs

High Court of Karnataka (DB: D K Singh & S Rachaiah, JJ.; oral judgment per S Rachaiah, J.), 19.01.2026 — MFA No. 4833/2022 c/w MFA No. 3080/2018 and MFA No. 1050/2022 (MV-D) — Enhancement of MACT award in the death of motorcycle rider K.V.Manjunath (bike KA-16-X-7009 dashed from behind by lorry KA-01-AD-5535) — Tribunal (MVC No. 447/2014, I Addl. Senior Civil Judge & Addl. MACT-IV, Chitradurga, 02.01.2018) had awarded Rs.13,72,201/- at 6% interest — Loss of dependency recomputed with monthly income refixed at Rs.8,000/- (from Rs.6,000/-), 40% future prospects added and 1/3rd deducted, considering Supreme Court law; consortium Rs.40,000/- each to three claimants; loss of estate enhanced by Rs.15,000/-; total compensation Rs.15,83,664/- — Tribunal's rejection of the wife's claim held erroneous: mere staying away from the husband is no bar absent proper evidence of desertion — All claimants entitled to equal shares — Insurance Company's appeal against liability and quantum dismissed — Appeals filed u/S 173(1) MV Act; distribution per Hindu Succession Act urged in MFA No. 1050/2022.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 4833 OF 2022 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 3080 OF 2018 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 1050 OF 2022 (MV-D)

IN MFA No. 4833/2022

BETWEEN:

SRI. K. VIRUPAKSHAPPA S/O. SRI. RUDRAPPA AGED ABOUT 64 YEARS

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

SMT. RAJAMMA W/O SRI. K. VIRUPAKSHAPPA AGED ABOUT 59 YEARS

BOTH THE APPELLANST NO.1 & 2 ARE R/O BHARAMASAGAR CHITRADURGA TALUK CHITRADURGA DISTRICT – 577 522.

…APPELLANTS

(BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE)

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AND:

SRI. C N SHIVAKUMARAPPA S/O SRI. NANDIBASAPPA AGED ABOUT 42 YEARS RC OWNER OF THE LORRY NO.KA-01/AD-5535 R/O KODAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 526.

SMT. NALINI

INSURER OF LORRY NO.KA-01/AD-5535 R/O DOOR NO.4/89 VENKATARAMAN STREET NAGARASAMPATTI VILLAGE PANCHAMPALLI KRISHNAGIRI TALUK TAMILNADU STATE – 635 001.

THE MANAGER

SHRIRAM GENERAL INSURANCE CO. LTD., E-8, RIICO INDUSTRIAL AREA SITAPUR, JAIPUR RAJASTAN RAJASTAN – 302 022.

SMT. B S MALA W/O K B MANJUNATH AGED ABOUT 32 YEARS R/O DOOR NO.3988/29 ANNAPOORNA NILAYA NEAR SUBHASCHANDRA BOSE STADIUM

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S S LAYOUT, ‘A’ BLOCK DAVANAGERE – 577 004.

SRI RANGASWAMY

S/O SHIVAPPA AGED ABOUT 38 YEARS DRIVER OF LORRY NO.KA-16/A-8263 R/O UPPANAYAKANAHALLI CHANAGIRI TALUK DAVANGERE DISTRICT – 577 552.

SRI. KUMARANNA @ SHIVAKUMARAPPA S/O SRI. NANDIBASAPPA AGED ABOUT 42 YEARS RC OWNER OF LORRY NO.KA-16/A-8263 R/O KODAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 526.

…RESPONDENTS

(BY SRI. O MAHESH, ADVOCATE FOR R3; SRI. K T GURUDEVA PRASDA, ADVOCATE FOR R4; SMT. SPOORTHY HEGDE N, ADVOCATE FOR R6; R1 & R2 ARE SERVED AND UNREPRESENTED; NOTICE TO R5 IS D/W, V/O DATED 20/8/25)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2018 PASSED IN MVC NO. 447/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA AND ETC.,

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IN MFA NO. 3080/2018

BETWEEN:

THE MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED, E-8, RIICO INDUSTRIAL AREA SITAPUR, JAIPUR RAJASTHAN BY SHRIRAM GENERAL INSURANCE CO. LTD., 5/4, 3^RD CROSS S V ARCADE BELAKANAHALLI MAIN ROAD OPP: BANNERAGHATTA MAIN ROAD II M.B.POST, BANGALORE – 560 076. BY ITS MANAGER

...APPELLANT

(BY SRI. O MAHESH, ADVOCATE)

AND:

K VIRUPAKSHAPPA AGED 64 YEARS S/O RUDRAPPA

RAJAMMA AGED 59 YEARS W/O K VIRUPAKSHAPPA

BOTH ARE R/O BHARAMASAGARA, CHITRADURGA TALUK

C N SHIVAKUMARAPPA

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AGED ABOUT 42 YEARS S/O NANDIBASAPPA R/O KODAGAVALLI, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 501. (OWNER OF KA-01-AD-5535) (OWNER OF KA-16-A-8263)

NALINI MAJOR DOOR N.4/89, VENKATARAMAN STREET, NAGARASAMAATTI VILLAGE PANCHAMAPALLI KRISHNAGIRI TALUK,, TAMILANDU STREET – 600 112. (INSURED OF LORRY)

SMT. B S MALA AGED 32 YEARS W/O K B MANJUNATHA DOOR NO.3988/29 ANNAPOORNA NILAYA NEAR SUBHASHCHANDRA BOSE STADIUM S S LAYOUT, A BLOCK DAVANAGERE – 577 004.

KUMARANNA @ SHIVAKUMARAPPA AGED ABOUT 42 YEARS S/O NANDIBASAPPA R/O KOAGAVALLI HOLALKERE TALUK CHITRADURGA DISTRICT – 577 501. (OWNER OF KA-16-A-8263)

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...RESPONDENTS

(BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE FOR R1 & R2;

SRI. N R RANGEGOWDA, ADVOCATE FOR R6; SRI. K T GURUDEVA PRASAD, ADVOCATE FOR R5; R3 & R4 ARE SERVED AND REPRESENTED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2018 PASSED IN MVC NO.447/2014 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT-4, CHITRADURGA AND ETC.,

IN MFA NO. 1050/2022

BETWEEN:

SMT B S MALA W/O K B MANJUNATH AGED ABOUT 36 YEARS, DOOR NO 3988/29 ANNAPOORNA NILAYA

NEAR SUBASHCHANDRABOSE STADIUM S S LAYOUT

‘A’ BLOCK, DAVANAGERE – 577 004.

...APPELLANT

(BY SRI. GURUDEV PRASAD K T, ADVOCATE)

AND:

K VIRUPAKSHAPPA S/O RUDRAPPA AGED ABOUT 68 YEARS

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SMT RAJAMMA W/O K VIRUPAKSHAPPA AGED ABOUT 63 YEARS,

BOTH ARE RESIDENTS OF BRAMASAGARA

CHITRADURGA TALUK – 577 519.

SRI. C.N. SHIVAKUMARAPPA

S/O. NANDIBASAPPA AGED ABOUT 46 YEARS, R C OWNER OF THE LORRY BEARING NO KA-01 AD-5535 RESIDING AT KODAGAVALLI HOLALAKERE TALUK CHITRADURGA DISTRICT – 577 526.

SMT. NALINI DOOR NO 4/89 VENKATARAM STREET NAGARASAMPATTI VILLAGE PANCHAMPALLI KRISHNAGIRI TALUK TAMILNADU STATE – 508 284.

THE MANAGER SRIRAM GENERAL INSURANCE CO. LTD., E-8, R11CO, INDUSTRIAL AREA SITAPUR, JAIPUR RAJASTHAN – 302 022.

RANGASWAMY S/O SHIVAPPA AGED ABOUT 42 YEARS, DRIVER OF LORRY BEARING NO. KA 16 A-8263

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R/O UPPANAYAKANAHALLI CHANNAGIRI TALUK – 577 213.

KUMARANNA @ SHIVAKUMARAPPA S/O NANDIBASAPPA AGED ABOUT 46 YEARS, OWNER OF LORRY BEARING NO. KA-16A-8263 R/A KODAGAVALLI HOLALAKERE TALUK CHITRADURGA DISTRICT – 577 526.

...RESPONDENTS

(BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE FOR R1 & R2; R5 IS SERVED AND UNREPRESENTED; NOTICE TO R3, R4, R6 & R7 ARE D/W. V/O. DATED 20/8/25)

THIS MFA FILED IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.01.2018 PASSED IN MVC NO.447/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA AND ETC.,

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S RACHAIAH)

These appeals have been filed by the

appellants–claimants and the respondent–Insurance Company respectively.

IN MFA No.4833/2022

This appeal has been filed by the appellants

who are the parents of the deceased. The Tribunal has passed a judgment and award dated 02.01.2018 in MVC.No.447/2014, wherein, the Tribunal has awarded a sum of Rs.13,72,201/- with interest at the rate of 6% per annum. Being aggrieved by the same, they are seeking for enhancement.

IN MFA.No.3080/2018

This appeal is filed by the Insurance Company

challenging the quantum.

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IN MFA.No.1050/2022

This appeal has been filed by the

appellant/respondent No.4 Smt. B.S. Mala, she is the wife of the deceased. No order has been passed in respect of the respondent No.4/appellant before the Trial Court. Hence, this appeal has been filed for compensation.

The ranks of the parties in the Trial Court henceforth, will be considered as per their rankings in the Trial Court for convenience.

Factual matrix of the case:

The case of the claimants is that Sri.K.V.Manjunath was proceeding on his motor cycle bearing registration No. KA-16-X-7009 on the left side of the road near Kasturibanagar, Channagiri Taluk, Davanagere District. While he was proceeding on the road, the driver of the lorry bearing registration No.KA-01-AD-5535 drove the said lorry in a rash and

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negligent manner with high speed and dashed the motor cycle from its hind side. Consequently, the rider of the motor cycle sustained severe injuries and he was shifted to the hospital for treatment. During the course of the said treatment, he has died at Basaveshwara Medical Hospital, Chitradurga.

Heard learned counsel for the respective

parties.

It is contended by the learned counsel for the appellants in MFA.No.4833/2022 that, the Tribunal has wrongly considered the income of Rs.6,000/- per month, instead of taking Rs.25,000/- per month. On the other heads namely loss of love and affection, loss of estate, transportation of dead body and funeral expenses have not been considered properly. Therefore, it has to be modified and enhanced in order to secure the ends of justice.

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In MFA.No.3080/2018, the respondent

No.3/appellant has preferred the appeal challenging the liability and quantum.

In MFA.No.1050/2022, it is stated that the parents of the deceased has made certain allegations against the wife that she had deserted the deceased and living separately, the fact remains that mere staying away from the husband/deceased would not sufficient to keep her away from availing the benefit of compensation. Therefore, the appeal has to be allowed and award has to be distributed as per the Hindu Succession Act.

Heard learned counsel for the respective parties and perused the loss of dependency head passed by the Tribunal, We deem it appropriate to modify the same in such a way that instead of taking the income of Rs.6,000/- per month, We have enhanced it to Rs.8,000/-

and also added 40% of the future prospectus and deducted 1/3^rd after having considered the law laid down by the Hon’ble Supreme Court. Further, We have granted

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Consortium Rs.40,000/- each for three persons and enhanced Rs.15,000/- in addition to the award granted by the Tribunal in respect of loss of estate.

In view of the modified calculation, the compensation would be determined as per the table mentioned below:

Sl. No.	Particulars	Amount (Rupees)
	Towards loss of dependency
1.	(8,000 + 40% = 11,200 – 1/3 = 7467 x 12 x 16)	14,33,664/-
2.	Towards Consortium (40,000 x 3)	1,20,000/-
3.	Towards loss of estate TOTAL	30,000/- 15,83,664/-

(Rupees Fifteen Lakh Eighty Three Thousand Six Hundred Sixty Four Only)

In view of the observations made above, We partly allow MFA.No.4833/2022 and MFA.No.1050/2022 holding that the Tribunal has committed error in rejecting the claim made by the wife of the deceased in the absence

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of proper evidence to substantiate that she had deserted

her husband. Accordingly, We modified the compensation.

i) All the claimants are entitled for equal shares in

the compensation modified and awarded by this Court.

ii) As regards the appeal filed by the Insurance Company is concerned, on going through the pleadings of the appeal memo, We do not find any material to interfere with the grounds urged by the Insurance Company in respect of quantum and liability. Therefore, the appeal deserves to be dismissed.

Ordered accordingly.

Sd/(D K SINGH) JUDGE

Sd/(S RACHAIAH) JUDGE

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