H S Roopavani Vs Khalel Basha

BOTH ARE R/O B. MUDDAENAHALLY VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKUR DISTRICT - 572 214, NOW R/O HALLI THIMMALAPURA VILLAGE, HANDANAKERE HOBLI, C.N.HALLY TALUK, TUMAKURU DISTRICT - 572 214.

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…APPELLANTS

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(BY SRI. CHANDRASHEKARA K.A., ADVOCATE)

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AND:

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KHALEL BASHA

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S/O SATHAR, NOW AGED ABOUT 32 YEARS, R/O MATHIGATTA VILLAGE, HANDANAKERE HOBLI, C.N.HALLY TALUK, TUMAKURU DISTRICT - 572 21.

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2 -

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NC: 2026:KHC:37791 MFA No. 8182 of 2023

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HC-KAR

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CNR: KAHC010649772023

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THE ORIENTAL INSURANCE COMPANY LTD., GURUKULA COMPLEX, TIPTUR, TUMAKURU DISTRICT - 572 21. REPRESENTED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 22.07.2026 NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.05.2023 PASSED IN MVC NO.326/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., XIX MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 09.05.2023 passed in MVC No.326/2022 by Senior Civil Judge and JMFC, XIX MACT, Chikkanayakanahalli.

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Even though the matter is listed today for orders/admission, with the consent of both the learned

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3 - NC: 2026:KHC:37791 MFA No. 8182 of 2023

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HC-KAR

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CNR: KAHC010649772023

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counsel for appellants and learned counsel for respondent

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No.2/insurer, the matter is taken up for disposal.

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The appellants/claimants made a claim petition

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seeking for award of compensation for the death of Chidananda in a road traffic accident occurred on 27.10.2021 contending that the accident occurred due to

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rash and negligent driving by the driver of Bulero vehicle bearing registration No.KA-12-P-7193. T he claimant No.1 is wife of the deceased and claimant No.2 is minor son of the deceased.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

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Sl. No.	Particulars		Amount
1.	Loss of dependency	Rs.	21,00,000/-
2.	Funeral expenses	Rs.	15,000/-
3.	Loss of consortium	Rs.	40,000/-
4.	Loss of estate	Rs.	15,000/-
	Total	Rs.	21,70,000/-

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4 - NC: 2026:KHC:37791 MFA No. 8182 of 2023

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HC-KAR

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CNR: KAHC010649772023

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The Tribunal has also awarded the interest at

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the rate of 6% per annum from the date of petition till realisation and directed respondent Nos.1 and 2 are jointly and severally to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation.

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Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer.

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Learned counsel for the appellants would contend that, the claimants are wife and minor son of the deceased and therefore, each of them are entitled to consortium in a sum of Rs.40,000/- with 10% escalation in view of the decision of Hon'ble Apex Court in the case of

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NATIONAL INSURANCE COMPANY vs. PRANAY SETHI

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AND OTHERS reported in AIR 2017 SC 5157 . The claimants are also entitled to escalation on loss of estate and funeral expenses as it is not taken into consideration by the Tribunal even though the compensation awarded

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5 - NC: 2026:KHC:37791 MFA No. 8182 of 2023

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HC-KAR

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CNR: KAHC010649772023

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towards funeral expenses and loss of estate. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.2/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard both the learned counsel for appellants and learned counsel for respondent No.2insurer, the Court has perused the Judgment and Award.

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Claimant No.1 is wife of the deceased and

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claimant No.2 is minor son of the deceased. The Tribunal has awarded consortium in a sum of Rs.40,000/-. Both the

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claimants are entitled to consortium in a sum of Rs.40,000/- each with 10% escalation since the accident occurred after three years of the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY

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6 - HC-KAR NC: 2026:KHC:37791 MFA No. 8182 of 2023

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CNR: KAHC010649772023

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vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157 . The Tribunal has awarded funeral expenses of Rs.15,000/- and loss of estate of Rs.15,000/- but not added 10% escalation. Therefore, the claimants are entitled to funeral expenses at Rs.16,500/- and loss of estate of Rs.16,500/-. The claimants are entitled to loss of consortium in a sum of Rs.88,000/- (44,000 X 2).

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Considering all the above aspects, the claimants

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are entitled to total compensation under various heads as under:

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Sl.	Particulars		Amount
No.
1.	Loss of dependency	Rs.	21,00,000/-
2.	Funeral expenses	Rs.	16,500/-
3.	Loss of consortium	Rs.	88,000/-
4.	Loss of estate	Rs.	16,500/-
	Total	Rs.	22,21,000/-

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The claimants are entitled to total compensation

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of Rs.22,21,000/- as against Rs.21,70,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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HC-KAR

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CNR: KAHC010649772023

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Consequently, the claimants are entitled to

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enhanced compensation of Rs.51,000/- (22,21,000 - 21,70,000) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.2/insurer is liable to pay

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enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The appellants/claimants are entitled to enhanced compensation of Rs.51,000/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9%

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