Partly allowed

Smt Sarojamma v. Mr Manjunath

Karnataka HC17 Jul 2026MFA/4975/2022

Case brief

AI extract

What is this about?

Motor accident death claim appeal seeking enhancement of tribunal-awarded compensation under Section 163-A. Court held mother entitled to loss of consortium and conventional heads per Supreme Court precedent, awarding additional Rs.84,700 with interest, allowing appeal in part.

What did the court decide?

Additional compensation of Rs.84,700 with 6% p.a. interest awarded; insurer directed to deposit within six weeks; deposit transmitted to Tribunal.

Smt Sarojamma Vs Mr Manjunath — Insurance | Karnataka HC (2026)

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1 - NC: 2026:KHC:36773 MFA No. 4975 of 2022

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HC-KAR

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CNR: KAHC010311572022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4975 OF 2022 (MV-D)

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BETWEEN:

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SMT. SAROJAMMA W/O LATE BETTAPPA AGED ABOUT 49 YEARS HUNASEMARADAPALYA VILLAGE, RAMOHALI POST, KENGERI HOBLI, BANGALORE-560 060.

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…APPELLANT

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(BY SRI. PUTTA SWAMY C., ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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MR. MANJUNATH NO.250, THILAKNAGAR, ATTIBELE, ANEKAL TLAUK, BENGALURU-560 067.

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UNITED INDIA INSURANCE CO., LTD., REGIONAL OFFICE, NO.18, KRUSHI BHAVAN OFFICE 5TH AND 6TH FLOOR OPP. TO HUDSON CHURCH, HUDSON CIRCLE,

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HC-KAR

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NC: 2026:KHC:36773 MFA No. 4975 of 2022

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CNR: KAHC010311572022

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BANGALORE-560 001. REPRESNETED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI.C.SHANKAR REDDY, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2021 PASSED IN MVC NO.4285/2020 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU CITY (SCCH-4).

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The appeal is filed seeking for enhancement of compensation.

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It is not in dispute that as a result of the motor vehicle accident which occurred on 05.07.2019, Lakshmikanth s/o late Bettappa, a 25 year old died.

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HC-KAR

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NC: 2026:KHC:36773 MFA No. 4975 of 2022

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CNR: KAHC010311572022

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It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured.

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The Tribunal after considering the evidence before it and as per the Schedule to the Motor Vehicles Act, has awarded just and proper compensation. However, erred by not granting compensation under the head of 'loss of consortium'. As per the judgment of Hon'ble Apex Court in the case of "Kurvan Ansari alias Kurvan Ali and Anr vs. Shyam Kishore Murmu and Anr." in Civil Appeal No.6902/2021. Hon'ble Apex Court held that the claimants even the family members of the deceased are entitled for compensation under the head of 'loss of consortium' even in the claim petition filed under Section 163-A of the M.V.Act.

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The claimant being the mother of the deceased, she would be entitled to a sum of Rs.48,400/- towards “loss of consortium” and she would also be entitled to a sum of Rs.36,300/- under the “conventional heads” .

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Thus, the claimant would be entitled for further compensation of Rs.84,700/- along with compensation

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HC-KAR

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NC: 2026:KHC:36773 MFA No. 4975 of 2022

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CNR: KAHC010311572022

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awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The Insurance Company is directed to deposit the amount

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of compensation awarded within a period of six weeks from the

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date of receipt of a certified copy of this judgment.

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8. The apportionment of compensation amount shall be in

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terms of the award of the Tribunal.

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9. The appeal is accordingly allowed in part .

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The amount in deposit shall be transmitted to the

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Tribunal for disbursement in terms of the award.

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SD/(RAJESH RAI K) JUDGE

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GPG List No.: 1 Sl No.: 10

Smt Sarojamma v. Mr Manjunath

Case brief

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Smt Sarojamma v. Mr Manjunath

Case brief

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