Partly allowed

Mangalagowramma v. Tabraz Khan

Karnataka HC17 Sept 2026MFA/8311/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka partly allowed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, enhancing the compensation awarded by the Motor Accident Claims Tribunal from Rs.35,39,808 to Rs.37,99,736. The Court corrected the income calculation by including ESI and EPF contributions as part of the deceased's income, deducting only professional tax, and applied a 10% escalation on loss of consortium as per Supreme Court precedent.

What did the court decide?

Compensation enhanced from Rs.35,39,808 to Rs.37,99,736 with interest at 6% per annum from date of petition; insurance company to deposit amount within eight weeks.

Mangalagowramma Vs Tabraz Khan — Motor Accident Claims | Karnataka HC (2026)

¶1

¶2

HC-KAR

¶3

NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶4

CNR: KAHC010657722023

¶5

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2026 BEFORE

¶6

THE HON'BLE MRS. JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 8311 OF 2023 (MV-D)

¶7

BETWEEN:

¶8

MANGALAGOWRAMMA W/O RANGANATHA P AGED 29 YEARS

¶9

JAYANTH R S/O RANGANATHA P AGED 5 YEARS

¶10

THE APPELLANTS NO.1 & 2 ARE RESIDING AT VEERADHAYANAPALYA, KASABA HOBLI, NELMANAGLA TALUK, BENGALURU RURAL DISTRICT – 562 123.

¶11

PUTTALINGAMMA W/O PATHANA AGED 53 YEARS R/AT HUVINAHOLE HIRIYUR TALUK CHITRADURGA DISTRICT – 577 143

¶12

…APPELLANTS

¶13

(BY SRI. NAIK KRISHNA VENKATRAMAN.,ADVOCATE)

¶14

AND:

¶15

TABRAZ KHAN S/OSALEEM KHAN MAJOR RA/T 4^TH CROSS, P G LAYOUT, TUMKURU.

¶16

Digitally Signed By: K B GEETHA

¶17

¶18

HC-KAR

¶19

NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶20

CNR: KAHC010657722023

¶21

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD UNIT NO.4, 9^TH FLOOR, GOLDEN HEIGHTS COMPELX 59^TH CROSS, INDUSTRIAL SUBRUB RAJAINAGAR 4^TH M BLOCK, BENGALURU – 560 010

¶22

(TATA ACE BEARING NO KA 64-0577 POLICY NO 3379/02327928/000/01 VALID FROM 2003-2020 TO 19-03-2021)

¶23

…RESPONDENTS

¶24

(BY SRI. B. PRADEEP, ADVOCATE FOR R2;

¶25

V/O DATED 28.08.2026, NOTICE TO R1 IS DISPENSED WITH)

¶26

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2023 PASSED IN MVC NO. 879/2021 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶27

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

¶28

CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.

¶29

ORAL JUDGMENT

¶30

Even though the matter was at the stage of admission, with the consent of both sides, matter is taken up for final disposal.

¶31

Digitally Signed By: K B GEETHA

¶32

¶33

HC-KAR

¶34

NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶35

CNR: KAHC010657722023

¶36

This is the appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘M.V. Act’) by the claimants not satisfied with the compensation amount awarded in M.V.C.No.879/2021 dated 07.08.2023 on the file of XX I Additional Small Cause Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-23) (for short, 'the Tribunal').

¶37

Parties would be referred with their ranks, as they were before the Tribunal for the sake of convenience and clarity.

¶38

The claimants have filed the claim petition under Section 166 of MV Act before the Tribunal claiming compensation in respect of the road traffic accidental death of one Ranganatha.P, the husband of claimant No.1, who is the father of claimant No. 2 and son of claimant No.3. Claimants contended that

¶39

Ranganatha.P, was the rider of the motor cycle bearing Reg.No.KA-52/L-4099 on 12.01.2021 at

¶40

Digitally Signed By: K B GEETHA

¶41

4 - NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶42

HC-KAR

¶43

CNR: KAHC010657722023

¶44

09.45 p.m. and he met with an accident due to rash

¶45

and negligent driving of driver of Tata Ace vehicle bearing Reg.No.KA-64/0577 (in short, 'the offending vehicle') at Tumkur NH-48 road near Madarasa A Fathima Masjid. Due to the accident, the rider of the motorcycle fell down and sustained grievous injuries and succumbed to those injuries at the spot. Hence, the claimants claimed compensation under several heads.

¶46

Respondent No.1- the owner of the offending vehicle has filed his objection statement, wherein he denied

¶47

the case of claimants in toto and contended that the vehicle is validly insured with respondent No.2. Hence, prayed for dismissal of the claim petition.

¶48

Respondent No.2 filed his objection statement, wherein he admitted the validity of the insurance

¶49

policy as on the date of accident to the offending vehicle, but denied all other averments made in the

¶50

Digitally Signed By: K B GEETHA

¶51

5 - NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶52

HC-KAR

¶53

CNR: KAHC010657722023

¶54

claim petition and further contended that, there was no valid FC, permit and DL. Hence, prayed for dismissal of the claim petition.

¶55

After framing of issues, recording evidence and hearing arguments of both sides, the Tribunal came to the conclusion that the claimants are entitled for total compensation of Rs.35,39,808/- under the following heads with interest at 6% per annum from the date of petition till payment:

¶56

Compensation heads	Compensation amount
1. Towards loss of dependency	Rs.33,86,808.00
2. Towards loss of Consortium to the petitioner No.1	Rs.40,000.00
3.Towards loss to estate	Rs.16,500.00
4. Towards transportation of dead body funeral and obsequies ceremony expenses	Rs.16,500.00
5.Towards loss of Filial consortium to petitioner Nos.2 & 3 (Each Rs.40,000/-)	Rs.80,000.00
Total	Rs.35,39,808.00

¶57

Not satisfied with the said compensation, the claimants are before this Court.

¶58

Digitally Signed By: K B GEETHA

¶59

6 - NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶60

HC-KAR

¶61

CNR: KAHC010657722023

¶62

Having heard arguments of both sides and verifying

¶63

appeal papers the point that arises for consideration is:

¶64

"Whether the claimants are entitled for enhancement of compensation?"

¶65

Finding of this Court is in ' Affirmative' for the following:

¶66

REASONS

¶67

The facts established before the Tribunal are that the deceased was working as Supervisor (Quality Incharge) at SAPL Garments, and was drawing the salary of Rs.19,290/- at the time of accident as per Ex.P.13. Considering the same, the Tribunal has taken the income of deceased at Rs.17,788/- by deducting PT, ESI and EPF. However, ESI and EPF is

¶68

for the benefit of the family and thus, the amount contributed towards ESI and EPF cannot be

¶69

deducted. However, only PT (Professional Tax) Digitally Signed By: K B GEETHA

¶70

7 - NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶71

HC-KAR

¶72

CNR: KAHC010657722023

¶73

amount is to be deducted from the gross salary to decide the income of deceased as on the date of accident. PT was Rs.200/-Hence, the income of the deceased is taken at Rs.19,090/and not

¶74

Rs.17,788/- has taken by the Tribunal.

¶75

The Tribunal has taken the multiplier, future prospects and deduction towards personal expenses properly. Thus, claimants are entitled for compensation towards 'loss of dependency' at Rs.19,090 + 40% x 12 x 17 x ⅔ = Rs.36,34,736/-

¶76

The Tribunal has awarded compensation towards 'loss of consortium to claimant Nos.1 to 3 at Rs.40,000/- each but failed to add 10% escalation charges as per National Insurance Company Ltd., v/s Pranay Sethi & Others¹ cas e. Thus, the claimants are entitled for 10% escalation charges on 'loss of consortium' i.e., additional Rs.12,000/-.

¶77

1 (2017) 16 SCC 680

¶78

Digitally Signed By: K B GEETHA

¶79

¶80

HC-KAR

¶81

NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶82

CNR: KAHC010657722023

¶83

Thus, claimants are entitled for total compensation of

¶84

Rs.37,99,736/- instead of compensation awarded by

¶85

the Tribunal.

¶86

Compensation heads	Amount
Towards loss of dependency	Rs.36,34,736.00
Towards loss of Consortium	Rs.1,32,000.00
Towards loss to estate	Rs.16,500.00
Towards transportation of dead body funeral and obsequies	Rs.16,500.00
ceremony expenses
Total	Rs.37,99,736.00

¶87

Hence, this Court passes the following:

¶88

ORDER

¶89

a. The appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 is allowed in part .

¶90

b. Judgment and award passed in M.V.C.No.879/2021 dated 07.08.2023 on the file of XXI Additional Small Cause Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-23) is modified holding that the claimants are entitled for total compensation of Rs.37,99,736/- as against Rs.35,39,808/awarded by the Tribunal.

¶91

Digitally Signed By:

K B GEETHA

HC-KAR

NC: 2026:KHC:50730 MFA No. 8311 of 2023

¶96

CNR: KAHC010657722023

¶97

c. The enhanced compensation shall carry interest at 6% per annum form the date of petition till realization.

¶98

d. The Insurance Company shall deposit the compensation amount with accrued interest before the Tribunal within the period of eight weeks from the date of receipt of certified copy of this judgment.

¶99

e. Apportionment, disbursement and deposit shall be as per the award of the Tribunal.

¶100

f. No order as to costs.

¶101

g. Draw modified award accordingly.

¶102

Digitally Signed By: K B GEETHA

¶103

(GEETHA K.B.) JUDGE

¶104

SPV

¶105

List No.: 1 Sl No.: 25

Mangalagowramma v. Tabraz Khan

Case brief

What is this about?

What did the court decide?

Mangalagowramma v. Tabraz Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases