Karnataka High Court
MFA/8545/2024 of SMT. ALIMA Vs SMT SHIVAMMA on 29 August 2026
CNR: KAHC010743272024 NC: 2026:KHC:46953 MFA No. 8545 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.8545 OF 2024(MV-D) BETWEEN: 1. SMT. ALIMA, W/O BASHA SAB, AGED ABOUT 42
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO.8545 OF 2024(MV-D)
BETWEEN:
1.
SMT. ALIMA,
W/O BASHA SAB,
AGED ABOUT 42 YEARS,
2.
KUMARI. FATHIMA,
D/O LATE. BASAHA, SAB.
AGED ABOUT 17 YEARS,
3.
KUMARI. AFRINA,
D/O LATE. BASAHA SAB,
AGED ABOUT 13 YEARS,
4.
MASTER. MOULALI,
S/O LATE. BASAHA SAB,
AGED ABOUT 10 YEARS
APPELLANTS NO.2 TO 4 ARE
MINORS, REPRESENTED BY
THEIR MOTHER NATURAL
GUARDIAN, SMT ALIMA,
ALL ARE RESIDING AT
KARIGUDDA VILLAGE,
KARIGUDDA POST,
DEODURGA TALUK,
RAICHUR DISTRICT.
…APPELLANTS
(BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE)
Digitally
signed by
REKHA R
Location: High
Court of
Karnataka
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AND:
1.
SMT. SHIVAMMA,
W/O VEERANNA,
MAJOR,
R/AT NO.924, 2ND MAIN ROAD,
10TH CROSS, SANJEEVINI NAGAR,
HEGGANAHALLI,
BENGALURU - 560 091.
2.
THE MANAGER,
M/S IFFCO TOKIO GENERAL INS. CO.LTD.,
5TH FLOOR, SHRI. SHANTHI TOWERS,
NO.141, 3RD MAIN, EAST OF NGEF LAYOUT,
KASTURINAGAR,
BENGALURU - 560 043.
3.
BAVASAB,
S/O RAJASAB,
AGED ABOUT 73 YEARS,
4.
SMT. MURABI
W/O BAVASAB,
AGED ABOUT 68 YEARS
BOTH ARE RESIDING AT:
KARIGUDDA VILLAGE AND POST,
DEODURGA TALUK,
RAICHUR DISTRICT.
…RESPONDENTS
(BY SRI.B. PRADEEP, ADVOCATE FOR R2,
R3 AND R4 ARE SERVED)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MV ACT, 1988, AGAINST
THE
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JUDGMENT
AND AWARD DATED: 28.12.2023 PASSED IN MVC.NO.7144/2016 ON THE FILE OF THE III ADDITIONAL JUDGE AND COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-18, PARTLY ALLOWING THE CLAIM
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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
This appeal by the claimants, assailing the Judgment and Award dated 28.12.2023, passed by the III Addl. Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18)1, in MVC No.7144/2016.
2. The parties are referred to as per their ranking before the Tribunal.
3. Facts germane to file the present appeal are as under:
4. In an unfortunate accident occurred on 03.07.2016 at about 11:30 pm, one Basha Sab, lost his life in a road traffic accident caused due to rash and 1 'the Tribunal', for short
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negligent driving of Maxi Cab bearing registration No.KA- 18-AA-2828 by its driver. The claimants (wife & children) and respondents 3 and 4 (parents) of deceased were before the Tribunal claiming a sum of Rs.25,00,000/- for the death of Basha Sab.
5. The Tribunal after considering the entire material placed on record, awarded total compensation of Rs.16,90,125/- with interest @ 6% per annum from the date of petition till realization, taking the income at Rs.9,500/- per month fixed under the Chart prepared by Karnataka State Legal Services Authority for settling the disputes before Lok-Adalat, applied multiplier of 15 and deducted 1/4th towards personal expenses. It is this Judgment and award passed by the Tribunal is called in question in this appeal.
6. Heard, Sri.V.K.Naik, learned counsel appearing for the claimants and Sri.B.C.Shivanne Gowda, learned counsel appearing on behalf of Sri.B.Pradeep, learned
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counsel for respondent No.2 - Insurer. Respondents 3 and 4 though served remained unrepresented. Vide order dated 29.08.2026, notice of this appeal on respondent No.1 is dispensed with.
7. This appeal is filed only in respect of non- awarding of appropriate compensation under the head 'loss of consortium' and 10% escalation on conventional heads, as laid down under the Judgment passed by the Hon'ble Supreme Court in NATIONAL INSRUANCE CO. LTD., VS. PRANAY SETHI2.
8. Sri.B.C.Shivanne Gowda, though opposed the submissions of Sri.V.K.Naik, however he is not in serious dispute with the settled position of law towards awarding consortium as well as 10% escalation on conventional heads. In these circumstances, the compensation awarded by the Tribunal requires re-assessment, towards 'loss of 2 2017 (16) SCC 680
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consortium' and '10% escalation on conventional heads', which is as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs.
1. Loss of dependency 16,03,125-00 16,03,125-00
2. Loss of consortium 44,000-00 2,40,000-00 (40,000x6)
3. Loss of estate 16,500-00 15,000-00
4. Towards funeral & obsequies ceremony expenses 16,500-00 15,000-00
5. Towards transportation of dead body 10,000-00 -
6. 10% escalation (for two terms of three completed years on conventional heads) - 54,000-00
TOTAL 16,90,125-00 19,27,125-00
9. Accordingly, the claimants are entitled for enhanced compensation of Rs.2,37,000/-, with interest @ 6% per annum from the date of petition till realization.
10. For the foregoing reasons, this Court proceeds to pass the following:
ORDER
(i) The appeal is allowed in part.
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(ii) The
Judgment
and Award dated 28.12.2023, passed by the III Addl. Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18), in MVC No.7144/2016 is modified and the compensation is enhanced.
(iii) The claimants are entitled for enhanced compensation of Rs.2,37,000/- along with interest @ 6% per annum from the date of petition till realization.
(iv) Respondent No.2 - Insurer shall deposit the enhanced compensation along with interest supra, within six weeks from the date of receipt of certified copy of this order.
(v) The apportionment and disbursement is as per the order passed by the Tribunal.
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(vi) The trial Court record secured if any, shall be transmitted forthwith to the concerned Tribunal without causing any delay.
(vii) No order as to costs.
Sd/- (T.M.NADAF) JUDGE
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