High Court of Karnataka · 2025

(BY SRI. N.P. VIVEK MEHTA, ADVOCATE) AND: VINAYAKA B V VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench +0530 …APPELLANTS

1. MANJUNATH S/O BASAPPA GUDIHAL AGE. MAJOR, OCC. BUSINESS, R/O. HONNALLIYAVAR ONI, NEAR DYAMAVVANA GUDI, - 2 - NC: 2025:KHC-D:9260-DB MFA No. 101843 of 2017 C/W MFA No. 100009 of 2017 HC-KAR TEMPLE, GOKUL, TQ. HUBBALLI, DIST. DHARWAD. (OWNER OF HERO HONDA SPLENDOR PRO MOTOR CYCLE BEARING REG NO.KA-25/G-5009)

2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, HUDDAR COMPLEX, 1ST FLOOR, OPP. HEAD POST OFFICE, RAILWAY STATION ROAD, DHARWAD, DIST: DHARWAD. (INSURER OF HERO HONDA SPLENDOR PRO MOTOR CYCLE BEARING REG NO.KA-25/G-5009) (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.08.2016 PASSED IN MVC NO.955/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR ENHANCEMENT OF COMPENSATION COMPENSATION & ETC. SEEKING AND IN MFA NO.100009/2017: BETWEEN: THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, HUDDAR COMPLEX, 1ST FLOOR, OPP. HEAD POST OFFICE, RAILWAY STATION ROAD, DHARWAD, DIST: DHARWAD. REPRESENTED BY REGIONAL MANAGER. (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE) AND:

1. SAVITRI W/O MALLAPPA SHINDOGI AGE: 45 YEARS, OCC: HOUSEHOLD WORK,

2. SMT. MANJULA W/O MAHESH KARI AGE: 24 YEARS, OCC: STUDENT,

3. DEEPA D/O MALLAPPA SHINDOGI AGE: 22 YEARS, OCC: STUDENT, …APPELLANT - 3 - NC: 2025:KHC-D:9260-DB MFA No. 101843 of 2017 C/W MFA No. 100009 of 2017 HC-KAR

4. ROOPA D/O MALLAPPA SHINDOGI AGE: 20 YEARS, OCC: STUDENT,

5. UMESH S/O MALLAPPA SHINDOGI AGE: 16 YEARS, OCC: STUDENT, SINCE MINOR R/BY NATURAL MOTHER R1

6. SMT. SHIVABAYAVVA W/O KALYANAPPA SHINDOGI AGE: 79 YEARS, OCC: NIL, RESPONDENTS NO.1 TO 6 ARE R/O: RAMPUR SITE, SAUNDATTI, TQ: SAUNDATTI, DIST: BELAGAVI.

7. MANJUNATH S/O BASAPPA GUDIHAL AGE: MAJOR, OCC: BUSINESS, R/O: HONNALLIYAVAR ONI, NEAR DYAMAVVANA GUDI TEMPLE, GOKUL, TQ: HUBBALLI, DIST: DHARWAD. (BY SRI. N.P. VIVEK MEHTA, ADVOCATE FOR R1 TO R4; R5 IS MINOR R/BY R1; NOTICE TO R6 & R7-SERVED) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED

31.08.2016 PASSED IN MVC NO.955/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI, AWARDING COMPENSATION OF RS.28,21,800/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT & ETC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 4 - NC: 2025:KHC-D:9260-DB MFA No. 101843 of 2017 C/W MFA No. 100009 of 2017 HC-KAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) MFA No.101843/2017 is filed by the claimants seeking enhancement compensation, whereas MFA No.100009/2017 filed by insurance company challenging the judgment and award dated 31.08.2016 passed in MVC No.955/2014 on the file of learned Senior Civil Judge and Addl. MACT, Saundatti1.

2. Brief facts raising to filing of these appeals are that on 02.12.2013 at about 9.30 p.m., deceased Mallappa Kalyanappa Shindogi was proceeding towards Saundatti bus stand on his motorcycle and when he reached near Koppad Hanuman Temple, at that time, rider of Hero Honda Motorcycle bearing registration No.KA-25-EG-5009 came in in a rash and negligent manner and dashed against the motorcycle of the deceased Mallappa. As a result of which, the deceased Mallappa fell down and sustained grievous injuries and also suffered multiple fractures. 1 For short, ‘Tribunal’ - 5 - NC: 2025:KHC-D:9260-DB MFA No. 101843 of 2017 C/W MFA No. 100009 of 2017 HC-KAR Immediately he was shifted to Government Hospital, Saundatti for first aid treatment. Thereafter, he was shifted to Balaji Hospital, Hubli for further treatment, where he succumbed to the injuries on 5.12.2013. It is averred that the deceased was aged 52 years at the time of the accident, working as Village Accountant and drawing a salary of Rs.25,000/- per month. The claimants, who are the wife, children and mother of the deceased have filed claim petition seeking compensation.

3. Before the Tribunal, the respondents appeared and filed written statements denying the entire averments made in the claim petition. Respondent No.2/Insurance Company contended that the averments made in the claim petition are all false and baseless, it has denied the occupation and income of the deceased. It was contended that the accident took place due to rash and negligent riding of rider i.e., deceased himself. Therefore, prayed for dismissal of the claim petition. - 6 - NC: 2025:KHC-D:9260-DB MFA No. 101843 of 2017 C/W MFA No. 100009 of 2017 HC-KAR

4. The Tribunal on appreciation of the oral and documentary evidence on record, awarded a compensation of Rs.28,21,800/- with interest at 9% per annum from the date of petition till the date of realization. Aggrieved by the same, the claimants as well as the insurance company are before this Court challenging the quantum of compensation.

5. Heard.

6. Learned counsel Sri.N.P. Vivekmehta appearing for the appellants-claimants submits that the Tribunal has committed an error in adding 15% of the income of the deceased towards future prospects, as the deceased was 52 years and on a permanent job, it ought to have considered 25% of the assessed towards future prospects. It is further submitted that the award of compensation under the head of loss of consortium and conventional heads is not inconsonance with the law laid down by the Apex Court in the case of National Insurance Company Limited Vs. - 7 - NC: 2025:KHC-D:9260-DB MFA No. 101843 of 2017 C/W MFA No. 100009 of 2017 HC-KAR Pranay Sethi & Others2 and Magma General Insurance Company Limited Vs. Nanu Ram & Others3. Thus, he seeks to allow the appeal by enhancing the compensation.

7. Per contra, Sri.Rajashekhar S Aarani, learned counsel for the appellant/Insurance Company in support of his appeal contends that the Tribunal has erred in applying 11 multiplier, as the deceased was aged 52 years and he was due to retirement within a period of 8 years, hence, split multipliers require to be adopted. He further submits that rate of interest awarded by the Tribunal on the compensation amount at 9% per annum is on the higher side and it has to be reduced to 6% per annum. It is further submitted that the deceased was aged about 52 years and on a fixed salary, hence, the Tribunal has rightly considered future prospects at 15%, which does not warrant interference at the hands of this Court. Hence, he seeks to dismiss the appeal. ORDER i. Both the appeals are allowed in part. ii. The impugned judgment and award of the Tribunal is modified holding claimants are entitled to total compensation Rs.29,76,800/- against Rs.28,21,800/- awarded by the Tribunal. iii. The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of payment. iv. The insurance company shall deposit the aforesaid compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. v. The amount in deposit be transmitted to the Tribunal along with TCR forthwith. vi. Draw modified award accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 37