Karnataka High Court
Srimanth S/O Basappa Kopte vs Parameshwar S/O. Gundappa Sankanna And ... on 20 February, 2026
-1-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.200918 OF 2016 (MV-I)
C/W
MISCL. FIRST APPEAL NO.200316 OF 2016 (MV-D)
MISCL. FIRST APPEAL NO.200317 OF 2016 (MV-D)
MISCL. FIRST APPEAL NO.200318 OF 2016 (MV-D)
MISCL. FIRST APPEAL NO.200319 OF 2016 (MV-D)
MISCL. FIRST APPEAL NO.200919 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200920 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200921 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200922 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200923 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200924 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200925 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200926 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200927 OF 2016 (MV-I)
MISCL. FIRST APPEAL NO.200928 OF 2016 (MV-I)
Digitally signed MISCL. FIRST APPEAL NO.201725 OF 2018 (MV-D)
by SHILPA R
TENIHALLI MISCL. FIRST APPEAL NO.201726 OF 2018 (MV-D)
Location: HIGH MISCL. FIRST APPEAL NO.201727 OF 2018 (MV-D)
COURT OF MISCL. FIRST APPEAL NO.201728 OF 2018 (MV-D)
KARNATAKA
IN MFA No.200918/2016
BETWEEN:
SMT. CHANDRAKALA W/O. MANIK GIRGANTE
AGE:53 YEARS, OCC:AGRICULTURE LABOUR,
R/O VILLAGE BELURA
TQ: BASAKALYAN, DIST:BIDAR
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
-2-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
AND:
1. PARAMESHWAR S/O. GUNDAPPA SANKANNA
AGE 26 YEARS, OCC:BUSINESS & OWNER OF
T.T.NO.KA-39/T-957/958
R/O. UCHA, TQ:BHALKI, DIST:BIDAR
2. THE MANAGER BAJAJ ALLIANCE GENERAL
INSURANCE
CO.LTD., GE PLAZA AIRPORT ROAD,
YERWADA, PUNE-411006
3. NARSING S/O. SHANKEREPPA MASNOOR
AGE:48 YEARS, OCC:BUSINESS & OWNER OF
TAMPO NO.CAS-2093
R/O. BELURA TQ:BASAVAKALYAN
DIST:BIDAR-585437
4. THE MANAGER NEW INDIA ASSURANCE CO.LTD.,
STATION ROAD, BIDAR-585403
...RESPONDENTS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD 21.08.2018, NOTICE TO R1 IS D/W)
THIS MFA FILED U/S. 173(1) OF MV ACT, PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO MODIFY THE
JUDGMENT AND AWARD DATED 23-6-2015 PASSED IN MVC
NO.493/2013 ON THE FILE OF THE II ADDL. DIST. AND
SESSIONS COURT AND ADDL. MACT BIDAR, SITTING AT
BASAVAKALYAN AND ALLOW THIS APPEAL BY ENHANCING THE
COMPENSATION AMOUNT OF RS.1,79,000/- ONLY AS CLAIMED
BY THE APPELLANT BEFORE THIS HON'BLE COURT; ORDER FOR
COSTS OF THIS APPEAL.
IN MFA NO.200316/2016
BETWEEN:
NARSING S/O SHANKEREPPA MANSOOR
AGE: 48 YEARS,
-3-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
OCC: BUSINESS AND OWNER OF
TEMPO BEARING NO. CSA-2903
R/O : BELUR, TQ: BASAVAKALYAN,
DIST: BIDAR-585401
...APPELLANT
(BY SMT. NEEVA M. CHIMKOD, ADVOCATE)
AND:
1. PARMESHWAR S/O GUNDAPPA SANKANNA
AGE: 27 YEARS, OCC: BUSINESS AND OWNER
OF TRACTOR BEARING NO.KA-39/957 &
TRAILOR NO. KA/T-958 R/O UCHA
TQ: BHALKI, DIST: BIDAR-585401
2. THE MANAGER, BAJAJ ALLIANCE GENERAL
INSURANCE CO. LTD.,
GE PLAZA AIRPORT ROAD,
YERWADA, PUNE-411006
3. THE MANAGER, NEW INDIA ASSURANCE
CO. LTD., STATION ROAD, BIDAR-585401
4. SMT. LAXMIBAI W/O LATE BASAPPA KOPTE
AGE: 58 YEARS, OCC: HOUSEHOLD
5. ASHOK S/O LATE BASAPPA KOPTE
AGE: 43 YEARS, OCC: AGRICULTURE
6. SUBHASH S/O. LATE BASAPPA KOPTE
AGE: 41 YEARS, OCC: AGRICULTURE LABOUR
7. SRIMANTH S/O LATE BASAPPA KOPTE
AGE: 39 YEARS, OCC: AGRICULTURE
8. OMKAR S/O LATE BASAPPA KOPTE
AGE: 33 YEARS, OCC: AGRICULTURE LABOUR,
ALL R/O VILLAGE BELURA,
-4-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
TQ. BASAVAKALYAN, DIST: BIDAR-585401
...RESPONDENTS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SRI MANVENDRA REDDY, ADVOCATE R3;
SRI NAGARAJ PATIL, ADVOCATE FOR R4 TO R8;
V/O DTD. 08.02.2022, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN MVC No.505/2013, ON
THE FILE OF THE II ADDL. DISTRICT AND SESSIONS COURT
AND ADDL. MACT, BIDAR SITTING AT BASAVAKALYAN AND
SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
23.06.2015, GRANTING COMPENSATION OF RS.2,70,000/- IN
SO FAR AS IT SADDLES THE LIABILITY OF 50 % OF THE SAID
AMOUNT WITH 6% INTEREST THEREON; FURTHER TO HOLD
THAT THE AWARD OF COMPENSATION TO BE EXCESSIVE AND
LIABLE TO BE REDUCED AND TO BE RECOVERED FROM THE
RESPONDENT No.2, HEREIN, INSOFAR AS THE SAME HAS
BEEN SADDLED UPON THE APPELLANT, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.200317/2016
BETWEEN:
NARSING S/O SHANKEREPPA MASNOOR
AGE: 48 YEARS, OCC:BUSINESS AND OWNER OF
TEMPO BEARING NO.CAS-2903 R/O BELURA,
TQ:BASAVAKALYAN, DIST.BIDAR.
...APPELLANT
(BY SMT. NEEVA M. CHIMKOD, ADVOCATE)
AND:
1. PARMESHWAR S/O GUNDAPPA SANKANNA
AGE:27 YEARS, OCC:BUSINESS AND OWNER
OF TRACTOR BEARING NO.KA-39/957 &
TRAILOR NO.KA/T-958, R/O UCHA
TQ: BHALKI, DIST.BIDAR-585401.
-5-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
2. THE MANAGER, BAJAJ ALLIANCE GENERAL
INSURANCE CO. LTD., GE PLAZA
AIRPORT ROAD, YERWADA, PUNE-411006
3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585401
4. BABURAO S/O SHARANAPPA NAGURE
AGE: 48 YEARS, OCC: AGRICULTURE
5. UMESH S/O BABURAO NAGURE
AGE: 25 YEARS, OCC: AGRICULTURE LABOUR
6. SANGAMESH S/O BABURAO NAGURE
AGE: 23 YEARS, OCC: AGRICULTURE LABOUR
(ALL R/O VILLAGE HIRNAGWON,
NOW RESIDING AT VILLAGE, BELURA,
TQ: BASAVAKALYAN-585401)
...RESPONDENTS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SRI MANVENDRA REDDY, ADVOCATE R3;
SRI NAGARAJ PATIL, ADVOCATE FOR R4 TO R8;
V/O DTD. 08.02.2022, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT PRAYING TO
CALL FOR THE ENTIRE RECORDS IN MVC No.508/2013, ON
THE FILE OF THE II ADDL. DISTRICT AND SESSIONS COURT
AND ADDL. MACT, BIDAR SITTING AT BASAVAKALYAN AND
SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
23.06.2015, GRANTING COMPENSATION OF RS.6,10,000/- IN
SO FAR AS IT SADDLES THE LIABILITY OF 50% OF THE SAID
AMOUNT WITH 6% INTEREST THEREON; FURTHER TO HOLD
THAT THE AWARD OF COMPENSATION TO BE EXCESSIVE AND
LIABLE TO BE REDUCED AND TO BE RECOVERED FROM THE
RESPONDENT No.2, HEREIN, IN SO FAR AS THE SAME HAS
BEEN SADDLED UPON THE APPELLANT, IN THE INTEREST OF
JUSTICE AND EQUITY.
-6-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
IN MFA NO.200318/2016
BETWEEN:
NARSING S/O SHANKEREPPA MASNOOR
AGE: 48 YEARS, OCC: BUSINESS AND OWNER
OF TEMPO BEARING NO.CAS-2903
R/O BELURA, TQ. BASAVAKALYAN
DIST: BIDAR-585401
...APPELLANT
(BY SMT. NEEVA M. CHIMKOD, ADVOCATE)
AND:
1. PARMESHWAR S/O GUNDAPPA SANKANNA
AGE 27 YEARS, OCC BUSINESS AND OWNER OF
TRACTOR BEARING NO. KA-39/957 &
TRAILOR NO. KA/T-958,
R/O UCHA TQ BHALKI, DIST: BIDAR-585401
2. THE MANAGER
BAJAJ ALLIANCE GENERAL INSURANCE
CO. LTD., GE PLAZA, AIRPORT ROAD,
YERWADA, PUNE-411006
3. THE MANAGER
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585401
4. SMT. SHIVANANDA W/O BASAPPA PICHREDE
AGE: 35 YEARS, OCC: HOUSEHOLD.
5. BASAPPA S/O VISHWANATH PICHREDE
AGE: 38 YEARS, OCC: AGRICULTURE LABOUR
BOTH R/O VILLAGE BELURA,
TQ: BASAVAKALYAN, DIST: BIDAR-585401
...RESPONDENTS
(BYSRI MANVENDRA REDDY, ADVOCATE R3;
SRI NAGARAJ PATIL, ADVOCATE FOR R4 AND R5;
R2 SERVED; V/O DTD. 08.02.2022,
NOTICE TO R1 IS D/W)
-7-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN MVC No.509/2013, ON
THE FILE OF THE II ADDL. DISTRICT AND SESSIONS COURT
AND ADDL. MACT, BIDAR SITTING AT BASAVAKALYAN AND
SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
23.06.2015, GRANTING COMPENSATION OF RS.3,00,000/-
INSOFAR AS IT SADDLES THE LIABILITY OF 50% OF THE
SAID AMOUNT WITH 7% THEREON; FURTHER TO HOLD THAT
THE AWARD OF COMPENSATION TO BE EXCESSIVE AND
LIABLE TO BE REDUCED AND TO BE RECOVERED FROM THE
RESPONDENT No.2, HEREIN, INSOFAR AS THE SAME HAS
BEEN SADDLED UPON THE APPELLANT, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO.200319/2016
BETWEEN:
NARSING S/O SHANKEREPPA MASNOOR
AGE: 48 YEARS, OCC: BUSINESS AND OWNER
OF TEMPO BEARING NO. CAS-2903
R/O BELURA, TQ. BASAVAKALYAN
DIST: BIDAR-585401
...APPELLANT
(BY SMT. NEEVA M. CHIMKOD, ADVOCATE)
AND:
1. PARMESHWAR S/O GUNDAPPA SANKANNA
AGE 27 YEARS, OCC: BUSINESS AND OWNER OF
TRACTOR BEARING NO.KA-39/957 AND
TRAILOR NO.KA/T-958, RO UCHA,
TQ: BHALKI, DIST. BIDAR-585401
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE
CO. LTD., GE PLAZA, AIRPORT ROAD,
YERWADA, PUNE-411006
-8-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
3. THE MANAGER
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585401
4. GIREPPA S/O YANKAPPA GIRGANTE
AGE: 68 YEARS, OCC: AGRICULTURE LABOUR
5. VIJAYKUMAR S/O GIREPPA GIRGANTE
AGE: 48 YEARS, OCC: AGRICULTURE LABOUR
6. DASHARATH S/O GIREPPA GIRGANTE
AGE: 43 YEARS, OCC: AGRICULTURE LABOUR
7. CHANDERAPPA S/O GIREPPA GIRGANTE
AGE: 38 YEARS, OCC: AGRICULTURE LABOUR
ALL ARE R/O VILLAGE BELURA,
TQ: BASAVAKALYAN, DIST: BIDAR-585401
...RESPONDENTS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SRI MANVENDRA REDDY, ADVOCATE R3;
SRI NAGARAJ PATIL, ADVOCATE FOR R4 TO R6;
V/O DTD. 08.02.2022, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN MVC No.511/2013, ON
THE FILE OF THE II ADDL. DISTRICT AND SESSIONS COURT
AND ADDL. MACT, BIDAR SITTING AT BASAVAKALYAN AND
SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED
23.06.2015, GRANTING COMPENSATION OF RS.3,00,000/-
INSOFAR AS IT SADDLES THE LIABILITY OF 50% OF THE
SAID AMOUNT WITH 7% THEREON; FURTHER TO HOLD THAT
THE AWARD OF COMPENSATION TO BE EXCESSIVE AND
LIABLE TO BE REDUCED AND TO BE RECOVERED FROM THE
RESPONDENT No.2, HEREIN, INSOFAR AS THE SAME HAS
BEEN SADDLED UPON THE APPELLANT, IN THE INTEREST OF
JUSTICE AND EQUITY.
-9-
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
IN MFA NO.200919/2016
BETWEEN:
KUM. AVITA D/O. MAHADEV GIRGANTE
AGE: 17 YEARS, OCC: SHEEP GRAZING,
MINOR U/G OF HER MOTHER
SMT. SARSWATI W/O MAHADEV GIRGANTE
R/O VILLAGE BELURA, TQ: BASAVAKALAYAN
DIST: BIDAR
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O. GUNDAPPA SANKANNA
AGE 27 YEARS, OCC:BUSINESS & OWNER OF
TT NO.KA-39/T-957/958 R/O. UCHA,
TQ: BHALKI, DIST: BIDAR-585928
2. THE MANAGER, BAJAJ ALLIANCE GENERAL
INSURANCE CO.LTD, GE PLAZA
AIRPORT ROAD, YERWADA, PUNE-411006
3. NARSING S/O. SHANKEREPPA MASNOOR
AGE: 48 YEARS, OCC: BUSINESS & OWNER
OF TAMPO NO.CAS-2093
R/O. BELURA, TQ: BASAVAKALYAN
DIST: BIDAR-585437
4. THE MANAGER, NEW INDIA ASSURANCE
CO. LTD, STATION ROAD, BIDAR- 585403
...RESPONDENTS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD 21.08.2018, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 23-6-2015
- 10 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
PASSED IN MVC NO.494/2013 ON THE FILE OF THE II ADDL.
DIST. AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.1,75,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS COURT;
ORDER FOR COSTS OF THIS APPEAL.
IN MFA NO.200920/2016
BETWEEN:
KUM SUREKHA
D/O. BALAJI @ BAURAO NALMALE
AGE: 14 YEARS, OCC: STUDENT
MINOR U/G OF HER MOTHER SMT.GODAWARI
W/O. BALAJI NALMALE, R/O. VILLAGE BELURA
TQ: BASAVAKLAYAN, DIST: BIDAR
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O. GUNDAPPA SANKANNA
AGE 27 YEARS, OCC: BUSINESS & OWNER OF
TT NO.KA-39/T-957/958, R/O. UCHA,
TQ: BHALKI, DIST: BIDAR-585328
2. THE MANAGER, BAJAJ ALLIANCE GENERAL
INSURANCE CO.LTD, GE PLAZA
AIRPORT ROAD, YERWADA, PUNE-411006
3. NARSING S/O. SHANKEREPPA MASNOOR
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093, R/O. BELURA
TQ: BASAVAKALYAN, DIST: BIDAR-585437
4. THE MANAGER, NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR- 585403
...RESPONDENTS
- 11 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD. 21.08.2018, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 23-6-2015
PASSED IN MVC NO.495/2013 ON THE FILE OF THE II ADDL.
DIST. AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.3,00,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS COURT;
ORDER FOR COSTS OF THIS APPEAL.
IN MFA NO.200921/2016
BETWEEN:
SMT. SHANTABAI W/O NARSING GIRGANTE,
AGE: 53 YEARS, OCC: AGRICULTURE LABOUR,
R/O VILLAGE BELURA,
TQ: BASAVAKALYAN, DIST: BIDAR
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O. GUNDAPPA SANKANNA
AGE 27 YEARS, OCC: BUSINESS & OWNER OF
TT NO.KA-39/T-957/958, R/O. UCHA,
TQ: BHALKI, DIST: BIDAR-585328
2. THE MANAGER, BAJAJ ALLIANCE GENERAL
INSURANCE CO.LTD, GE PLAZA
AIRPORT ROAD, YERWADA, PUNE-411006
3. NARSING S/O. SHANKEREPPA MASNOOR
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093
- 12 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
R/O. BELURA, TQ: BASAVAKALYAN
DIST: BIDAR-585437
4. THE MANAGER, NEW INDIA ASSURANCE
CO. LTD, STATION ROAD, BIDAR- 585 403
...RESPONDENTS
(BY SRI C.S.KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD 21.08.2018, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGEMENT AND AWARD DATED 23-06-2015
PASSED IN MVC NO.496/2013 ON THE FILE OF THE II ADDL.
DIST AND SESSIONS COURT AND ADDL MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.2,19,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE
COURT. B) ORDER FOR COSTS OF THIS APPEAL. C) PASS
SUCH OTHERS DEEMS FOR IN THE CIRCUMSTANCES OF THE
CASE.
IN MFA NO.200922/2016
BETWEEN:
SMT. JAGADEVI W/O. SHIVAJI KONKALE,
AGE:35 YEARS, OCC: AGRICULTURE LABOUR,
R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF TT NO.
KA-39 T957/958,
R/O. UCHA, TQ. BHALKI,
- 13 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093
R/O. BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD,
STATION ROAD, BIDAR- 585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGEMENT AND AWARD DATED 23-06-2015
PASSED IN MVC NO.497/2013 ON THE FILE OF THE II ADDL.
DIST AND SESSIONS COURT AND ADDL MACT BIDAR,
SITTING AT BASAVAKALYAN AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.2,12,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE
COURT. B) ORDER FOR COSTS OF THIS APPEAL. C) PASS
SUCH OTHERS DEEMS FOR IN THE CIRCUMSTANCES OF THE
CASE.
IN MFA NO.200923/2016
BETWEEN:
SMT. LAXIMIBAI W/O LATE BASAPPA KOPTE,
AGE: 58 YEARS,
- 14 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
OCC: AGRICULTURE LABOUR & SHEEP GRAZING,
R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF TT NO.
KA-39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2903,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR- 585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) TO MODIFY THE JUDGMENT AND AWARD DATED 23-06-
2015 PASSED IN MVC NO.498/2013 ON THE FILE OF THE II
ADDL. DIST. AND SESSIONS COURT AND ADDL. MACT
BIDAR, SITTING AT BASAVAKALYAN. AND ALLOW THIS
APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.4,90,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
- 15 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
THIS HON'BLE COURT. B) ORDER FOR COSTS OF THIS
APPEAL. C) PASS SUCH OTHER ORDERS DEEMS FOR IN THE
CIRCUMSTANCES OF THE CASE.
IN MFA NO.200924/2016
BETWEEN:
VITHAL S/O GOVIND PICHRADE,
AGE: 14 YEARS, OCC: STUDENT,
MINOR U/G HIS FATHER
GOVIND S/O NIVARTHI PICHRADE,
R/O VILLAGE BELURA,
TQ. BASAKALYAN, DIST. BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF TT NO.
KA-39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD,
STATION ROAD, BIDAR- 585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
- 16 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGMENT AND AWARD DATED 23-6-2015
PASSED IN MVC NO.499/2013 ON THE FILE OF THE II ADDL.
DIST. AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.2,75,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'
BLE COURT. B) ORDER FOR COSTS OF THIS APPEAL. C) PASS
SUCH OTHER ORDERS DEEMS FOR IN THE CIRCUMSTANCES
OF THE CASE.
IN MFA NO.200925/2016
BETWEEN:
SMT. SANGEETA W/O DHULAPPA GIRGANTE,
AGE: 33 YEARS, OCC: AGRICULTURE LABOUR,
R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF TT NO.
KA-39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
- 17 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD,
STATION ROAD, BIDAR- 585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
TO A) MODIFY THE JUDGMENT AND AWARD DATED
23-06-2015 PASSED IN MVC NO.501/2013 ON THE FILE OF
THE II ADDL. DIST. AND SESSIONS COURT AND ADDL. MACT
BIDAR, SITTING AT BASAVAKALYAN. AND ALLOW THIS
APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.1,55,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT. B) ORDER FOR COSTS OF THIS APPEL.
C) PASS SUCH OTHER ORDERS DEEMS FOR IN THE
CIRCUMSTANCES OF THE CASE.
IN MFA NO.200926/2016
BETWEEN:
DHONDIBA S/O YENKAPPA GIRGANTE,
AGE: 61 YEARS, OCC: AGRICULTURE LABOUR,
R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF TT NO.
KA-39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
- 18 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST.BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR- 585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGMENT AND AWARD DATED 23-06-2015
PASSED IN MVC NO.502/2013 ON THE FILE OF THE II ADDL.
DIST. AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.4,30,000/-
ONLY AS CLAIMED BY THE APPELLANT BEFORE THIS HON'
BLE COURT. B) ORDER FOR COSTS OF THIS APPEL.
C) PASS SUCH OTHER ORDERS DEEMS FOR IN THE
CIRCUMSTANCES OF THE CASE.
IN MFA NO.200927/2016
BETWEEN:
GOPAL S/O BALAJI @ BABURAO NALMALE,
AGE: 16 YEARS, OCC: STUDENT, MINOR,
U/G OF HIS MOTHER,
SMT. GODAWARI W/O BALAJI NALMALE,
R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST.BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
- 19 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF TT NO.
KA.-39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD,
STATION ROAD, BIDAR- 585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) TO MODIFY THE JUDGMENT AND AWARD DATED 23-06-
2015 PASSED IN MVC NO.503/2013 ON THE FILE OF THE II
ADDL. DIST. AND SESSIONS COURT AND ADDL. MACT
BIDAR, SITTING AT BASAVAKALYAN. AND ALLOW THIS
APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.3,00,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT. B) ORDER FOR COSTS OF THIS
APPEAL. C) PASS SUCH OTHER ORDERS DEEMS FOR IN THE
CIRCUMSTANCES OF THE CASE.
- 20 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
IN MFA NO.200928/2016
BETWEEN:
SRIMANTH S/O BASAPPA KOPTE,
AGE: 39 EYARS, OCC: AGRICULTURE LABOUR,
R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST.BIDAR.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 27 YEARS, OCC: BUSINESS & OWNER OF
TT NO. KA-39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER OF
TAMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD,
STATION ROAD, BIDAR-585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.21.08.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
- 21 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
A) TO MODIFY THE JUDGMENT AND AWARD DATED 23-06-
2015 PASSED IN MVC NO.504/2013 ON THE FILE OF THE II
ADDL. DIST. AND SESSIONS COURT AND ADDL. MACT
BIDAR, SITTING AT BASAVAKALYAN. AND ALLOW THIS
APPEAL BY ENHANCING THE COMPENSATION AMOUNT OF
RS.3,79,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT. B) ORDER FOR COSTS OF THIS
APPEAL. C) PASS SUCH OTHER ORDERS DEEMS FOR IN THE
CIRCUMSTANCES OF THE CASE.
IN MFA NO.201725/2018
BETWEEN:
1. SMT. LAXMIBAI W/O LATE BASAPPA KOPTE,
AGE: 60 YEARS, OCC: HOUSEHOLD.
2. ASHOK S/O LATE BASAPPA KOPTE,
AGE: 45 YEARS, OCC: AGRI.
3. SUBHASH S/O LATE BASAPPA KOPTE,
AGE: 43 YEARS, OCC: AGRI.
4. SRIMANTH S/O LATE BASAPPA KOPTE,
AGE: 41 YEARS, OCC: AGRI.
5. OMKAR S/O LATE BASAPPA KOPTE,
AGE: 35 YEARS, OCC: AGRI,
ALL R/O VILLAGE BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR.
...APPELLANTS
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 29 YEARS OCC: BUSINESS & OWNER OF TT
NO.KA39 T957/958,
R/O UCHA TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD.,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
- 22 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 50 YEARS, OCC: BUSINESS & OWNER TEMPO
NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.07.12.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGMENT AND AWARD DATED-23.06.2015
PASSED IN MVC NO.505/2013 ON THE FILE OF II ADDL.
DISTRICT AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.7,30,000/-
ONLY AS CLAIMED BY THE APPELLANTS BEFORE THIS
HON' BLE COURT. B) ORDER FOR COSTS OF THIS APPEAL. C)
PASS SUCH OTHER ORDERS DEEMS FOR IN THE
CIRCUMSTANCES OF THE CASE.
IN MFA NO.201726/2018
BETWEEN:
1. BABURAO S/O SHARANAPPA NAGURE,
AGE: 50 YEARS, OCC: AGRICULTURE LABOUR.
2. UMESH S/O BABURAO NAGURE,
AGED: 27 YEARS, OCC: AGRI.
3. SANGAMESH S/O BABURAO NAGURE,
AGED: 25 YEARS, OCC: AGRI,
ALL R/O VILLAGE HIRNAGAON,
NOW R/ AT VILLAGE BELURA,
TQ. BASAVAKLAYN, DIST. BIDAR.
...APPELLANTS
(BY SRI NAGARAJ PATIL, ADVOCATE)
- 23 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 29 YEARS, OCC: BUSINESS & OWNER OF
TT NO.KA39 T957/958,
R/O UCHA TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD.,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 50 YEARS, OCC: BUSINESS & OWNER
TEMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585403
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.07.12.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
TO A) MODIFY THE JUDGMENT AND AWARD DATED
23.06.2015 PASSED IN MVC NO.508/2013 ON THE FILE OF II
ADDL. DISTRICT AND SESSIONS COURT AND ADDL. MACT
BIDAR, SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEL
BY ENHANCING THE COMPENSATION AMOUNT OF
RS.3,90,000/- ONLY AS CLAIMED BY THE APPELLANTS
BEFORE THIS HON' BEL COURT, B) ORDER FOR COSTS OF
THIS APPEAL. C) PASS SUCH OTHER ORDERS DEEMS FOR IN
THE CIRCUMSTANCES OF THE CASE.
- 24 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
IN MFA NO.201727/2018
BETWEEN:
1. SMT. SHIVANANDA W/O BASAPPA PICHREDE,
AGE: 37 YEARS, OCC: HOUSEHOLD.
2. BASAPPA S/O VISHWANATH PICHREDE,
AGED: 40 YEARS, OCC: AGRI. LABOUR,
ALL R/O VILLGE BELURA, TQ.BASAVAKALYAN,
DIST. BIDAR.
...APPELLANTS
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARAMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 29 YEARS, OCC: BUSINESS & OWNER OF
TT NO.KA39 T957/958,
R/O UCHA, TQ. BHALKI, DIST. BIDAR-585328.
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD.,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 48 YEARS, OCC: BUSINESS & OWNER
OF TEMPO NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.07.12.2018, NOTICE TO R1 IS DISPENSED WITH)
- 25 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGMENT AND AWARD DATED 23.06.2015
PASSED IN MVC NO.509/2013 ON THE FILE OF II ADDL.
DISTRICT AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.2,00,000/-
ONLY AS CLAIMED BY THE APPELLANTS BEFORE THIS HON'
BLE COURT, B) ORDER FOR COSTS OF THIS APPEAL. C) PASS
SUCH OTHER ORDERS DEEMS FOR IN THE CIRCUMSTANCES
OF THE CASE.
IN MFA NO.201728/2018
BETWEEN:
1. GIREPPA S/O YANKAPPA GIRGANTE,
AGE: 70 YEARS, OCC: AGRICULTURE LABOUR.
2. VIJAYKUMAR S/O GIREPPA GIRGANTE,
AGE: 50 YEARS, OCC: AGRI. LABOUR.
3. DASHARATH S/O GIREPPA GIRGANTE,
AGE: 45 YEARS, OCC: AGRI. LABOUR.
4. CHANDERAPPA S/O GIREPPA GIRGANTE,
AGE: 40 YEARS, OCC: AGRI. LABOUR,
ALL R/O VILLGE BELURA,
TQ. BASAVAKALYAN, DIST. BIDAR.
...APPELLANTS
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. PARMESHWAR S/O GUNDAPPA SANKANNA,
AGE: 29 YEARS, OCC: BUSINESS & OWNER OF TT
NO.KA39 T957/958,
R/O UCHA, TQ. BHALKI, DIST.BIDAR-585328.
- 26 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
2. THE MANAGER,
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD.,
GE PLAZA AIRPORT ROAD, YERWADA,
PUNE-411006.
3. NARSING S/O SHANKEREPPA MASNOOR,
AGE: 50 YEARS, OCC: BUSINESS & OWNER TEMPO
NO.CAS-2093,
R/O BELURA, TQ. BASAVAKALYAN,
DIST. BIDAR-585437.
4. THE MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
STATION ROAD, BIDAR-585403.
...RESPONDENTS
(BY SRI C. S. KALBURGI, ADVOCATE FOR R2;
SMT. NEEVA M. CHIMKOD, ADVOCATE FOR R3;
SRI MANVENDRA REDDY, ADVOCATE FOR R4;
V/O DTD.07.12.2018, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) MODIFY THE JUDGMENT AND AWARD DATED-23.06.2015
PASSED IN MVC NO.511/2013 ON THE FILE OF II ADDL.
DISTRICT AND SESSIONS COURT AND ADDL. MACT BIDAR,
SITTING AT BASAVAKALYAN. AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS.5,70,000/-
ONLY AS CLAIMED BY THE APPELLANTS BEFORE THIS HON'
BLE COURT. B) ORDER FOR COSTS OF THIS APPEAL. C) PASS
SUCH OTHER ORDERS DEEMS FOR IN THE CIRCUMSTANCES
OF THE CASE.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 16.02.2026, COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT' THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
- 27 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
CAV JUDGMENT
These appeals are filed, assailing the judgment and award dated 23.06.2015 in MVC Nos.493/2013, 494/2013, 495/2013, 496/2013, 497/2013, 498/2013, 499/2013, 501/2013, 502/2013, 503/2013, 504/2013, 505/2015, 508/2013, 509/2013 and 511/2013, on the file of II Additional District and Sessions Judge and Additional MACT at Bidar, sitting at Basavakalyan (hereinafter referred to as 'Tribunal'). Since common question of law and facts are involved in these appeals, they have been clubbed together, heard and disposed of by this common order, at the consent of the parties.
2. For the sake of brevity, the parties in these appeals shall be referred to in terms of their status and ranking before the Tribunal.
FACTS OF THE CASE
3. It is the case of the claimants that, on 13.10.2012, the claimants were returning from Narshimha
- 28 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS Zarna temple at Bidar to their village at Belura in a goods tempo bearing registration No.CAS-2903 and when they reached near Nawbad village Bidar- Bhalki road, offending tractor bearing registration No.KA-39/957 and trailer bearing No.KA-39/T-958, came from opposite direction on the middle of the road and dashed to the goods tempo, in which the claimants were travelling and on account of the same, the accident occurred. Hence, the claimants have preferred claim petitions under Section 166 of the Motor Vehicles Act, 1988, seeking compensation.
4. Upon service of notice, the respondent Nos.2 to 4 entered appearance and contested the matter on merits. Respondent No.1 remained absent and placed exparte.
5. It is the contention of respondent No.2 that, the alleged accident occurred due to rash and negligent driving by the driver of the goods tempo and not by the driver of the tractor. It is also stated that, the driver of the tractor did not possess valid driving licence to drive the same and therefore, sought for dismissal of the claim
- 29 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
petitions. Respondent Nos.3 and 4 pleaded that, the
accident was occurred due to negligence on the part of the driver of the tractor and not by the driver of the goods tempo. It is the specific contention of respondent No.4 - Insurance Company that, the claimants were the passengers in a goods vehicle as gratuitous passengers and as such, violation of the terms and conditions of the policy by the respondent No.3 and therefore, sought for dismissal of the clam petitions.
6. In order to establish their case, the claimants have examined 12 witnesses as PW.1 to PW.12 and got marked 98 documents as Exs.P1 to P98. On the other hand, the respondents have examined five witnesses as RW.1 to RW.5 and marked 17 documents as Exs.R1 to R17. The Tribunal after considering the material on record, by its judgment and award dated 23.06.2015, allowed the claim petitions in part holding that, the claimants were entitled for compensation and directed respondent Nos.1 to 3 therein to satisfy the award in
- 30 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
favour of the claimants. It is also held by the Tribunal
that, respondent Nos.2 and 3 have to equally satisfy the award. Feeling aggrieved by the judgment and award passed by Tribunal, the claimants have preferred MFA Nos.200918/2016, 200919/2016, 200920/2016, 200921/2016, 200922/2016, 200923/2016, 200924/2016, 200925/2016, 200926/2016, 200927/2016, 200928/2016, 201725/2018, 201726/2018, 201727/2018 and 201728/2018, questioning quantum of compensation awarded by the Tribunal. On the other hand, the owner of the goods tempo (respondent No.3 before the Tribunal) has preferred MFA Nos.200316/2016, 200317/2016, 200318/2016 and 200319/2016, questioning liability to pay the compensation.
7. Heard the learned counsel appearing for the parties.
CONTENTIONS OF THE PARTIES
8. Sri Nagaraj Patil, the learned counsel appearing for the appellants/claimants argued that, the Tribunal has
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NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS committed serious error in considering the income of the claimants on meager side and disability suffered by them in the alleged accident, which required to be enhanced by looking into the deposition of the treating doctor. Accordingly, he sought for enhancement of compensation in the appeals filed by the claimants.
9. Sri Manvendra Reddy, the learned counsel appearing for the Insurance Company (New India Assurance Company) submitted that, the claimants were travelling as gratuitous passengers in the goods tempo bearing registration No.CAS-2903 and therefore, the claimants are not entitled for compensation in the appeals filed by them. The learned counsel further submitted that, in view of the judgment of the Hon'ble Supreme Court in the case of National Insurance Company vs. Rathani and Others reported in 2009(2) SCC 75, the owner of the goods tempo in question is liable for payment of compensation to the claimants and therefore, sought for dismissal of the appeals. He further argued that, carrying
- 32 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS of gratuitous passengers in the goods vehicle is a fundamental breach, for which the Insurance Company cannot be held liable to indemnify the owner of the vehicle in question and therefore, placed reliance on the judgment of the Hon'ble Supreme Court in the case of Amudhavalli and Others vs. HDFC Ergo General Insurance Company Limited and Others in SLP (C) No.6117/2020, dated 26.09.2025 and sought for dismissal of the appeals.
10. Smt. Neeva M. Chimkod, the learned counsel appearing for respondent No.3 (owner of the goods tempo) and appellants in some of the appeals argued that, the alleged accident occurred on 13.10.2012 at 6.45 p.m. at which time, there could be darkness and therefore, the driver of the tractor ought to have put the headlights. Hence, it is contended that, the driver of the tractor alone is negligent for the alleged accident and therefore, sought for interference of this Court to fasten the liability on the driver of the goods tempo. It is also argued by the learned counsel for respondent No.3 that, award of
- 33 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS compensation is on the higher side and therefore, no interference is called for in the appeals filed by the claimants.
ANALYSIS ON LIABILITY AS TO PAYMENT OF THE COMPENSATION
11. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute as to occurrence of the accident on 13.10.2012 at 6.45 p.m. on Bidar - Bhalki road, wherein, the claimants were travelling in a goods tempo bearing No.CAS-2903. Perusal of the finding of the Tribunal would makes it clear that, there are more than ten passengers in the goods tempo. The aforementioned goods tempo hit the tractor bearing registration No.KA-39/957 from the opposite direction as per spot panchanama - Ex.P5. On careful analysis of Ex.P5, it is not in dispute that, the said accident occurred on the middle of the road and therefore, the drivers of both the vehicles have contributed towards the alleged accident.
- 34 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS
12. It is also forthcoming from the finding recorded by the Tribunal on issue No.1 that, the charge sheet has been laid against the drivers of both the vehicles. The Tribunal in threadbare, analyzed the investigation report and rightly arrived at a conclusion that, the drivers of both the vehicles have contributed towards the alleged accident and therefore, the finding recorded by the Tribunal on issue No.1 required to be confirmed holding that, the insurers of the vehicles in question are liable for payment of compensation to the claimants. It is also to be noted that, in the deposition of the claimants, they undoubtedly admitted that they were returning to their village at Belura from Narshimha Zarna of Bidar district, after attending Jawala programme and they were more than ten passengers. In order to answer whether respondent No.4 - insurer of the goods tempo is liable to indemnify the respondent No.3 (owner of the goods tempo) as per the policy conditions, has to be ascertained from the factual aspects. The owner of the goods tempo
- 35 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS has filed four appeals by making pick and choose as to the award made by the Tribunal. In this regard, it is relevant to hold that, the claimants being the gratuitous passengers, cannot be considered as persons covered under Section 147 of the Motor Vehicles Act. It is also to be noted that, it is the fundamental breach on the part of the driver of the goods tempo to allow the claimants in more number in the goods tempo, that too, in excess of the capacity. It is also to be noted that, the owner of the goods tempo cannot be permitted to adopt the attitude of pick and choose in filing the appeals against the claimants [See - 2023 LiveLaw (SC) 312]. It is a fundamental breach on the part of the driver of the goods tempo to allow the passengers in a goods vehicle and in view of the judgment of the Hon'ble Supreme Court in the case of Amudhavalli (supra), wherein, it is held that, allowing the person to travel in goods carriage is a fundamental breach. Therefore, the Tribunal has rightly exonerated respondent No.4 - Insurance Company from indemnifying
- 36 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
respondent No.3 (owner of the goods tempo). Though it
is argued by the learned counsel for the appellants - owner of the goods tempo, as to pay and recover, however, there are only four appeals filed by them, and accepting the judgment and award in the other appeals and therefore, to maintain uniformity in the payment of compensation, the owner of the goods tempo is liable, as per the judgment and award of the Tribunal. Therefore, I am of the view that, the Tribunal has rightly arrived at a conclusion that respondent Nos.1 to 3 therein are liable to pay the compensation to the claimants. Accordingly, the finding recorded by the Tribunal on issue Nos.1 to 3 as to liability is hereby confirmed.
FINDING ON AWARD OF COMPENSATION:
MFA No.200918/2016 (MVC No.493/2013)
13. The claimant has sustained grievous injuries and the treating doctor has assessed the disability to the extent of 39%, however, by looking into the nature of
- 37 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS injuries, the Tribunal has rightly taken the disability to the extent of 10%. The accident is of the year 2012 and therefore, as per the guidelines issued by the Karnataka State Legal Service Authority, monthly income of the claimant would be Rs.6,500/-. After applying proper multiplier of 13, the claimant is entitled for Rs.1,01,400/- (Rs.6,500x12x13x10%). By looking into the nature of injuries, reassessment of compensation is made and the same is as under:
Heads Amount Pain and suffering Rs.40,000/-
Loss of earnings during laid up Rs.19,500/-
period (Rs.6,500x3)
Loss of amenities Rs.40,000/-
Loss of future of earnings Rs.1,01,400/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Medical expenses Rs.3,000/-
Total Rs.2,23,900-
Less: awarded by Tribunal Rs.1,21,000/-
Enhancement Rs.1,02,900/-
- 38 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
Thus, the clamant is entitled for enhanced
compensation of Rs.1,02,900/- with interest at the rate of 6% per annum.
MFA No.200919/2016 (MVC No.494/2013)
14. The claimant is aged about 14 years and therefore, the award of compensation has to be assessed in terms of the judgment of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel vs. Bababhai Nagjibhai Rabari and Another reported in 2025 LiveLaw (SC) 871.
15. Perusal of the record would indicate that the claimant has sustained disability to the extent of 34% to the limb as per the evidence of the treating doctor, however, it is reasonable to take the disability at 10% to whole body. Applying the proper multiplier of 18 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant entitled for Rs.1,40,400/- (Rs.6,500x12x18x10%) towards loss of future income. By
- 39 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS looking into the nature of injuries, reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.1,40,400/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Total Rs.2,10,400-
Less: awarded by Tribunal Rs.25,000/-
Enhancement Rs.1,85,400/-
Thus, the clamant is entitled for enhanced
compensation of Rs.1,85,400/- with interest at the rate of 6% per annum.
MFA No.200920/2016 (MVC No.495/2013)
16. The claimant is aged about 11 years and therefore, the award of compensation has to be assessed in terms of the judgment of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel (supra).
17. Perusal of the record would indicate that the claimant has sustained disability to the extent of 44% to
- 40 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS the limb as per the evidence of the treating doctor, however, it is reasonable to take the disability at 15% to the whole body. Applying the proper multiplier of 18 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant entitled for Rs.2,10,600/- (Rs.6,500x12x18x15%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.2,10,600/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Total Rs.2,80,600-
Less: awarded by Tribunal Rs.2,00,000/-
Enhancement Rs.80,600/-
Thus, the clamant is entitled for enhanced
compensation of Rs.80,600/- with interest at the rate of 6% per annum.
- 41 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS MFA No.200921/2016 (MVC No.496/2013)
18. The claimant is aged about 50 years and as per the records, it is stated that, the claimant has sustained disability to the extent of 21% to the limb, however, it is reasonable to take the disability at 10%. Applying the proper multiplier of 13 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant entitled for Rs.1,01,400/- (Rs.6,500x12x13x10%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.40,000/-
Loss of earnings during laid up Rs.19,500/-
period (Rs.6,500x3)
Loss of amenities Rs.40,000/-
Loss of future of earnings Rs.1,01,400/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Medical expenses Rs.3,000/-
Total Rs.2,23,900-
Less: awarded by Tribunal Rs.82,000/-
Enhancement Rs.1,41,900/-
- 42 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
Thus, the clamant is entitled for enhanced
compensation of Rs.1,41,900/- rounded off to
Rs.1,42,000/- with interest at the rate of 6% per annum. MFA No.200922/2016 (MVC No.497/2013)
19. The claimant is aged about 32 years and as per the records, it is stated that, the claimant has sustained disability to the extent of 14% to the limb, however, it is reasonable to take the disability at 5% to the whole body. Applying the proper multiplier of 16 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant is entitled for Rs.62,400/- (Rs.6,500x12x16x5%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of earnings during laid up Rs.19,500/-
period (Rs.6,500x3)
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.62,400/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
- 43 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
charges
Medical expenses Rs.3,000/-
Total Rs.1,54,900-
Less: awarded by Tribunal Rs.88,000/-
Enhancement Rs.66,900/-
Thus, the clamant is entitled for enhanced
compensation of Rs.66,900/- with interest at the rate of 6% per annum.
MFA No.200923/2016 (MVC No.498/2013)
20. The claimant is aged about 55 years and as per the records and taking into account the injuries sustained by the claimant are simple in nature, I am of the view that the claimant is entitled for global compensation of Rs.1,00,000/- in addition to the compensation awarded by the Tribunal.
MFA No.200924/2016 (MVC No.499/2013)
21. The claimant is aged about 10 years and therefore, the award of compensation has to be assessed in terms of the judgment of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel (supra).
- 44 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS
22. Perusal of the record would indicate that the claimant has sustained disability to the extent of 26% to the limb as per the evidence of the treating doctor, however, it is reasonable to take the disability at 5% to the whole body. Applying the proper multiplier of 18 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant is entitled for Rs.70,200/- (Rs.6,500x12x18x5%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.70,200/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Total Rs.1,40,200-
Less: awarded by Tribunal Rs.25,000/-
Enhancement Rs.1,15,200/-
Thus, the clamant is entitled for enhanced
compensation of Rs.1,15,200/- with interest at the rate of 6% per annum.
- 45 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS MFA No.200925/2016 (MVC No.501/2013)
23. The claimant is aged about 30 years and as per the records, it is stated that, the claimant has sustained disability to the extent of 34% to the limb, however, it is reasonable to take the disability at 10% to the whole body. Applying the proper multiplier of 17 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant is entitled for Rs.1,32,600/- (Rs.6,500x12x17x10%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of earnings during laid up Rs.19,500/-
period (Rs.6,500x3)
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.1,32,600/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Medical expenses Rs.3,000/-
Total Rs.2,25,100-
Less: awarded by Tribunal Rs.1,45,000/-
Enhancement Rs.80,100/-
- 46 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
Thus, the clamant is entitled for enhanced
compensation of Rs.88,100/- with interest at the rate of 6% per annum.
MFA No.200926/2016 (MVC No.502/2013)
24. The claimant is aged about 58 years and as per the records, it is stated that, the claimant has sustained disability to the extent of 20% to the limb, however, it is reasonable to take the disability at 5% to the whole body. Applying the proper multiplier of 9 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant is entitled for Rs.35,100/- (Rs.6,500x12x9x5%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of earnings during laid up Rs.19,500/-
period (Rs.6,500x3)
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.35,100/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
- 47 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
charges
Medical expenses Rs.3,000/-
Total Rs.1,27,600-
Less: awarded by Tribunal Rs.70,000/-
Enhancement Rs.57,600/-
Thus, the clamant is entitled for enhanced
compensation of Rs.57,600/- with interest at the rate of 6% per annum.
MFA No.200927/2016 (MVC No.503/2013)
25. The claimant is aged about 13 years and therefore, the award of compensation has to be assessed in terms of the judgment of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel (supra).
26. Perusal of the record would indicate that the claimant has sustained disability to the extent of 20% to the limb as per the evidence of the treating doctor, however, it is reasonable to take the disability at 10% to the whole body. Applying the proper multiplier of 18 and by taking the monthly income of the claimant at Rs.6,500/-, the claimant is entitled for Rs.1,40,400/-
- 48 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS (Rs.6,500x12x18x10%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.1,40,400/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Total Rs.2,10,400-
Less: awarded by Tribunal Rs.25,000/-
Enhancement Rs.1,85,400/-
Thus, the clamant is entitled for enhanced
compensation of Rs.1,85,400/- with interest at the rate of 6% per annum.
MFA No.200928/2016 (MVC No.504/2013)
27. The claimant is aged about 36 years and as per the records, it is stated that, the claimant has sustained disability to the extent of 39% to the limb, however, it is reasonable to take the disability at 10% to the whole body. Applying the proper multiplier of 15 and by taking
- 49 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS the monthly income of the claimant at Rs.6,500/-, the claimant is entitled for Rs.1,17,000/- (Rs.6,500x12x15x10%) towards loss of future income. By looking into the nature of injuries, the reassessment of compensation is made and the same is as under:
Heads Amount
Pain and suffering Rs.25,000/-
Loss of earnings during laid up Rs.19,500/-
period (Rs.6,500x3)
Loss of amenities Rs.25,000/-
Loss of future of earnings Rs.1,17,000/-
Towards attendant, food, Rs.20,000/-
nourishment and conveyance
charges
Medical expenses Rs.3,000/-
Total Rs.2,09,500-
Less: awarded by Tribunal Rs.1,21,000/-
Enhancement Rs.88,500/-
Thus, the clamant is entitled for enhanced
compensation of Rs.88,500/- with interest at the rate of 6% per annum.
- 50 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS MFA No.201725/2018 (MVC No.505/2013)
28. The claimants are the legal representatives of deceased - Basappa Kopte. The deceased was aged around 60 years at the time of the accident and there are five dependents. The accident is of the year 2012 and as per the guidelines issued by the Karnataka State Legal Service Authority, monthly income of the deceased would be Rs.6,500/-. After adding 10% towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi, reported in (2017) 16 SCC 680 and applying the appropriate multiplier of '5' so also, deducting 1/4th towards personal expenses of the deceased as per the judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation reported in (2009) 6 SCC 121, the claimants are entitled for Rs.3,21,750/- (Rs.6,500+10%=Rs.7,150x12x5x3/4) towards loss of dependency. By looking into the records,
- 51 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS the reassessment of compensation is made and the same is as under:
Heads Amount
Loss of dependency Rs.3,21,750/-
Loss of love and affection Rs.2,00,000/-
Towards funeral expenses Rs.15,000/-
Loss of estate Rs.15,000/-
Total Rs.5,51,750/-
Less: awarded by Tribunal Rs.2,70,000/-
Enhancement Rs.2,81,750/-
Thus, the claimants are entitled for enhanced
compensation of Rs.2,81,750/- with interest at the rate of 6% per annum.
MFA No.201726/2018 (MVC No.508/2013)
29. The claimants are the legal representatives of deceased - Kamalabai. The deceased was aged about 45 years at the time of the accident and there are three dependents. The accident is of the year 2012 and as per the guidelines issued by the Karnataka State Legal Service Authority, the monthly income of the deceased would be Rs.6,500/-. After adding 25% towards future prospects as
- 52 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
per the judgment of the Hon'ble Supreme Court in the
case of Pranay Sethi (supra) and applying the
appropriate multiplier of 14 so also deducting 1/4th towards personal expenses of the deceased in terms of the judgment of the Hon'ble Supreme Court in the case of Sarla Verma (supra), the claimants are entitled for Rs.10,23,750/- (Rs.6,500+25%=Rs.8,125x12x14x3/4th) towards loss of dependency. By looking into the records, the reassessment of compensation is made and the same is as under:
Heads Amount
Loss of dependency Rs.10,23,750/-
Loss of love and affection Rs.1,20,000/-
Towards funeral expenses Rs.15,000/-
Loss of estate Rs.15,000/-
Total Rs.5,51,750/-
Less: awarded by Tribunal Rs.6,10,000/-
Enhancement Rs.5,63,750/-
Thus, the claimants are entitled for enhanced
compensation of Rs.5,63,750/- with interest at the rate of 6% per annum.
- 53 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS MFA No.201727/2018 (MVC No.509/2013)
30. The claimants are the legal representatives of deceased - Krishna. The deceased was aged around 9 years at the time of the accident and therefore, the award of compensation has to be assessed in terms of the judgment of the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel (supra).
31. The accident is of the year 2012 and as per the guidelines issued by the Karnataka State Legal Services Authority, the monthly income of the deceased would be Rs.6,500/-. After adding 40% towards future prospects as per the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra) and by applying the appropriate multiplier of 18 so also deducting half of the income (bachelor) in terms of the judgment of the Hon'ble Supreme Court in the case of Sarla Verma (supra), the claimants are entitled for Rs.9,82,800/- (Rs.6,500+40%=Rs.9,100x12x18x1/2) towards loss of dependency. By looking into the records, the
- 54 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS reassessment of compensation is made and the same is as under:
Heads Amount
Loss of dependency Rs.9,82,800/-
Loss of love and affection Rs.80,000/-
Towards funeral expenses Rs.15,000/-
Loss of estate Rs.15,000/-
Total Rs.10,92,800/-
Less: awarded by Tribunal Rs.4,30,000/-
Enhancement Rs.6,62,800/-
Thus, the claimants are entitled for enhanced
compensation of Rs.6,62,800/- with interest at the rate of 6% per annum.
MFA No.201728/2018 (MVC No.511/2013)
32. The claimants are the legal representatives of deceased - Kashamma. The deceased was aged about 60 years at the time of the accident and there are four dependents. The accident is of the year 2012 and as per the guidelines issued by the Karnataka State Legal Services Authority, the monthly income of the deceased would be Rs.6,500/-. After adding 10% towards future
- 55 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS prospects as per the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra) and applying the appropriate multiplier of 9 so also deducting 1/4th towards personal expenses of the deceased in terms of the judgment of the Hon'ble Supreme Court in the case of Sarla Verma (supra), the claimants are entitled for Rs.5,79,150/- (Rs.6,500+10%=Rs.7,150xx12x9x3/4) towards loss of dependency. By looking into the records, the reassessment of compensation is made and the same is as under:
Heads Amount
Loss of dependency Rs.5,79,150/-
Loss of love and affection Rs.1,60,000/-
Towards funeral expenses Rs.15,000/-
Loss of estate Rs.15,000/-
Total Rs.7,69,150/-
Less: awarded by Tribunal Rs.4,30,000/-
Enhancement Rs.3,39,150/-
Thus, the claimants are entitled for enhanced
compensation of Rs.3,39,150/- with interest at the rate of 6% per annum.
- 56 -
NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS
33. Hence, I pass the following:
ORDER i. The appeals filed by claimants in MFA Nos.200918/2016, 200919/2016, 200920/2016, 200921/2016, 200922/2016, 200923/2016, 200924/2016, 200925/2016, 200926/2016, 200927/2016, 200928/2016, 201725/2018, 201726/2018, 201727/2018 and 201728/2018, are allowed in part.
ii. The appeals filed by the owner of the goods tempo
-respondent No.3 before the Tribunal in MFA Nos.200316/2016, 200317/2016, 200318/2016 and 200319/2016, are hereby dismissed. iii. The appellant/claimant in MFA No.200918/2016 is entitled for enhanced compensation of Rs.1,02,900/- with interest at the rate of 6% per annum from the date of petition till the date of realization.
- 57 -
NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
iv. The appellant/claimant in MFA
No.200919/2016 is entitled for enhanced
compensation of Rs.1,85,400/- with interest at the rate of 6% per annum from the date of petition till the date of realization. v. The appellant/claimant in MFA No.200920/2016 is entitled for enhanced compensation of Rs.80,600/- with interest at the rate of 6% per annum from the date of petition till the date of realization. vi. The appellant/claimant in MFA No.200921/2016 is entitled for enhanced compensation of Rs.1,42,000/- with interest at the rate of 6% per annum from the date of petition till the date of realization. vii. The appellant/claimant in MFA No.200922/2016 is entitled for enhanced compensation of Rs.66,900/- with interest at
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NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS the rate of 6% per annum from the date of petition till the date of realization. viii. The appellant/claimant in MFA No.200923/2016 is entitled for global compensation of Rs.1,00,000/- in addition to the compensation awarded by the Tribunal, with interest at the rate of 6% per annum from the date of petition till the date of realization.
ix. The appellant/claimant in MFA No.200924/2016 is entitled for enhanced compensation of Rs.1,15,200/- with interest at the rate of 6% per annum from the date of petition till the date of realization. x. The appellant/claimant in MFA No.200925/2016 is entitled for enhanced compensation of Rs.80,100/- with interest at
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NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS the rate of 6% per annum from the date of petition till the date of realization. xi. The appellant/claimant in MFA No.200926/2016 is entitled for enhanced compensation of Rs.57,600/- with interest at the rate of 6% per annum from the date of petition till the date of realization. xii. The appellant/claimant in MFA No.200927/2016 is entitled for enhanced compensation of Rs.1,85,400/- with interest at the rate of 6% per annum from the date of petition till the date of realization. xiii. The appellant/claimant in MFA No.200928/2016 is entitled for enhanced compensation of Rs.88,500/- with interest at the rate of 6% per annum from the date of petition till the date of realization.
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NC: 2026:KHC-K:1687
MFA No. 200918 of 2016
C/W MFA No. 200316 of 2016
MFA No. 200317 of 2016
HC-KAR AND 16 OTHERS
xiv. The appellants/claimants in MFA
No.201725/2018 are entitled for enhanced compensation of Rs.2,81,750/- with interest at the rate of 6% per annum from the date of petition till the date of realization. xv. The appellants/claimants in MFA No.201726/2018 are entitled for enhanced compensation of Rs.5,63,750/- with interest at the rate of 6% per annum from the date of petition till the date of realization. xvi. The appellants/claimants in MFA No.201727/2018 are entitled for enhanced compensation of Rs.6,62,800/- with interest at the rate of 6% per annum from the date of petition till the date of realization. xvii. The appellants/claimants in MFA No.201728/2018 are entitled for enhanced compensation of Rs.3,39,150/- with interest
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NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS at the rate of 6% per annum from the date of petition till the date of realization. xviii. The respondent Nos.1 to 3 before the Tribunal shall satisfy the award to the claimants as per the observations made by the Tribunal including as to liability.
xix. Respondent No.4 - Insurance Company is exonerated from payment of compensation. xx. The respondent Nos.1 to 3 are directed to deposit the compensation amount within six weeks from the date of receipt of certified copy of this judgment.
xxi. In view of disposal of main appeals, pending applications, if any, do not survive for consideration and accordingly, the same are disposed of.
xxii. The appellants/claimants in MFA Nos.200921/2016 and MFA No.201728/2018 are not entitled for
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NC: 2026:KHC-K:1687 MFA No. 200918 of 2016 C/W MFA No. 200316 of 2016 MFA No. 200317 of 2016 HC-KAR AND 16 OTHERS interest for the delayed period caused in filing the said appeals.
xxiii. No interference is called for insofar as apportionment of compensation is concerned in death cases.
Sd/-
(E.S.INDIRESH) JUDGE SRT List No.: 1 Sl No.: 50 CT:PK