Karnataka High Court
Ganapathi And Ors vs Santosh And Anr on 22 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 202156 of 2024
C/W MFA No. 200680 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 202156 OF 2024 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 200680 OF 2024
IN M.F.A.NO.202156/2024
BETWEEN:
1. GANAPATHI
S/O LATE DHARMANNA SONATE,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
2. KUM KALAVATHI
D/O GANAPATHI SONATE,
AGED ABOUT 20 YEARS,
Digitally signed OCC: STUDENT,
by
KHAJAAMEEN
MALAGHAN 3. KUM. PRIYANKA
Location: HIGH D/O LATE GANAPATHI SONATE,
COURT OF AGED ABOUT 16 YEARS (MINOR),
KARNATAKA OCC: STUDENT,
UNDER GUARDIAN REPRESENTED THOUGH
HER NATURAL FATHER BY NAME
GANAPATHI
S/O LATE DHARMANNA SONATE,
4. SHINDU BAI
W/O LATE DHARMANNA SONATE,
AGED ABOUT 56 YEARS,
OCC: HOUSEHOLD,
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ALL ARE R/AT: TADOLA VILLAGE,
TQ: BASAVAKALYAN AND
DISTRICT BIDAR - 585 401.
...APPELLANTS
(BY SMT. VEERANI V.NANDI, AND
KUMARI VAISHNAVI CHAND, ADVOCATES)
AND:
1. SANTOSH
S/O SHAMRAO VALSANGE,
AGED ABOUT : MAJOR,
OCC: BUSINESS,
(OWNER OF THE SWIFT ADI CAR)
R/O: AMBESANGAVE,
TQ: BHALKI,
DISTRICT : BIDAR - 585 401.
2. THE MANAGER,
ICICI LOMBARD GENERAL INSURANCE COMPANY
LIMITED, POLICY ISSUING OFFICE :
CICI LOMBARD HOUSE, 414,
VEER SAVARKAR MARGE,
NEAR SIDDI VINAYAK TEMPLE,
PRABHADEVI MUMBAI - 400 025.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.567/2016
ON THE FILE OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT,
AT BASAVAKALYAN AND MODIFY THE JUDGMENT AND AWARD
DATED 09.02.2022 PASSED BY THE SENIOR CIVIL JUDGE AND
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MFA No. 202156 of 2024
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HC-KAR
ADDL. MACT AT BASAVAKALAYN BY ALLOWING THE PRESENT
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
IN M.F.A.NO.200680/2024
BETWEEN:
1. SHINDU BAI
W/O LATE DHARMANNA SONATE,
AGED ABOUT 56 YEARS,
OCC: HOUSEHOLD,
2. GANAPATHI
S/O LATE DHARMANNA SONATE,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
3. KUM KALAVATHI
D/O GANAPATHI SONATE,
AGED ABOUT 20 YEARS,
OCC: STUDENT,
4. KUM. PRIYANKA
D/O LATE GANAPATHI SONATE,
AGED ABOUT 16 YEARS (MINOR),
OCC: STUDENT,
UNDER GUARDIAN REPRESENTED THOUGH
HER NATURAL FATHER BY NAME
GANAPATHI
S/O LATE DHARMANNA SONATE,
ALL ARE R/AT: TADOLA VILLAGE,
TQ: BASAVAKALYAN AND
DISTRICT BIDAR - 585 401.
...APPELLANTS
(BY SMT. VEERANI V.NANDI, AND
KUMARI VAISHNAVI CHAND, ADVOCATES)
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HC-KAR
AND:
1. SANTOSH
S/O SHAMRAO VALSANGE,
AGED ABOUT : MAJOR,
OCC: BUSINESS,
(OWNER OF THE SWIFT ADI CAR)
R/O: AMBESANGAVE,
TQ: BHALKI,
DISTRICT : BIDAR - 585 401.
2. THE MANAGER,
ICICI LOMBARD GENERAL INSURANCE COMPANY
LIMITED, POLICY ISSUING OFFICE :
CICI LOMBARD HOUSE, 414,
VEER SAVARKAR MARGE,
NEAR SIDDI VINAYAK TEMPLE,
PRABHADEVI MUMBAI - 400 025.
...RESPONDENTS
(BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
09.02.2022 IN M.V.C.NO.569/2016 PASSED BY THE SENIOR
CIVIL JUDGE AND ADDL. MACT AT BASAVAKALAYN BY
ALLOWING THE PRESENT APPEAL IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THESE APPEAL'S, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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ORAL JUDGMENT
MFA No.202156/2024 is filed by claimants seeking enhancement of compensation as awarded in the judgment and award dated 09.02.2022 passed in MVC No.567/2016 by Senior Civil Judge and Additional MACT, Basavakalyan.
2. MFA No.200680/2024 is filed by claimants seeking enhancement of compensation as awarded in the judgment and award dated 09.02.2022 passed in MVC No.569/2016 by Senior Civil Judge and Additional MACT, Basavakalyan.
3. Facts leading to file claim petitions are as under;
That on 20.12.2015 at about 4.00 p.m., deceased - Dharmanna was riding TVS XL motor cycle bearing No. KA-56 E-8560 and child -Laxuman and Channvva were pillion riders. When they reached near Dhumansur village, at that time Maruti Swift ZDI Car bearing No. KA-28 NTO- 22285 came from opposite side and he was driving the car -6- NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR in rash and negligent manner and lost control and dashed to the motor cycle. As a result of accident, Laxuman and Chanavva died and Dharmanna sustained severe injuries and he has also died on the spot. Legal representatives of deceased have filed claim petitions. The Tribunal has assessed compensation and passed award. Claimants have filed these appeals seeking enhancement of compensation.
4. Learned counsel for appellants in MFA No.202156/2024 would contend that Laxuman who died in the accident was aged 10 years as on the date of accident. As per judgment of Hon'ble Apex Court in the case of Thangavel and Others Vs The Managing Director, tamil Nadu State Transport Corporation Limited1, the monthly income of the child has to be taken at Rs.5,000/- and multiplier to be applied at 16 based on the father's age and age of the father was 32 years. She further contended that claimants being father, two sisters and grand mother are entitled to consortium and the Tribunal 1 In Civil Appeal No.3595/2024 decided on 08.08.2025. -7-
NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR has erred in not awarding consortium and awarding only loss of love and affection at Rs.15,000/-. With these, she prayed to allow the appeal.
5. Learned counsel for appellants in MFA No.200680/2024 would contend that the deceased was aged 50 years and the Tribunal has rightly taken income at Rs.9,000/- and rightly applied multiplier 13. She further contended that the Tribunal has not awarded future prospectus which is required to be awarded at 10%. Claimants are four in number and they are dependants of the deceased and therefore, deductions to be taken at 1/4th as against 1/3rd taken by the tribunal. The tribunal has not awarded consortium to all claimants. She further contended that the Tribunal has erred in awarding interest from the date of judgment in both claim petitions and prays to award interest from the date of petition. With these she prayed to allow the appeal.
6. Learned counsel for respondent No.2 would contend that the Tribunal considering the judgment of -8- NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR Hon'ble Apex Court in the case of Kishan Gopal and another Vs Lala and Others2 has rightly awarded compensation for loss of dependency in the case of death of Laxuman who was aged 10 years. He further contended that claimants being sisters and grand mother are not entitled consortium. He further contended that in the case of death of Dharmanna, the Tribunal has erred in taking the income at Rs.9,000/- and it is without any basis and as per chart prepared by the legal Services Authority for settlement of disputes in Lok -Aadalath, the notional income is fixed for the year 2015 is Rs.8,000/-. The compensation awarded by the Tribunal under other heads are just and proper.
7. Having heard learned counsels, this Court has perused impugned judgments and other materials placed on record.
MFA No.202156/2024 (MVC No.567/2016)
8. The deceased-Laxuman was aged 10 years as on the date of accident. Claimant No.1 is father, claimant 2 Reported in (2014) 1 SCC -9- NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR Nos.2 and 3 are sisters and claimant No.4 is grand mother of the deceased Laxuman.
9. In the case Kishan Gopal (supra), the Hon'ble Apex Court has taken notional income of the deceased at Rs.30,000/-. The said case came to be decided in the year 2014 and the claim petition pertains to the year 1993. In the case on hand, the accident has taken place in the year 2015. There is gap of 22 years in between the accident in the case of Kishan Gopal (supra) and the present case.
10. The Hon'ble Supreme Court in the case of Thangavel (supra) has held as under:-
"5. There is no straight jacket formula as to the income to be adopted in the case of children when they suffer injuries or succumb to death, in a motor vehicle accident. In fact, the Tribunal had considered a Division Bench decision which adopted the income of Rs.5,000/- per month for a 9-year old. The High Court does not give any reasoning to deviate from the said monthly income adopted by
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NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR a Division Bench and merely adopts the income as per Schedule II. Schedule II is applied in cases where the claim is made under Section 163A of the Act, which proceeds on a 'no fault liability'. In the present case a claim under Section 166 of the Act was preferred and there was negligence found on the driver of the offending vehicle.
6. We are of the opinion that the monthly income of Rs.5,000/- as adopted for the child by the Tribunal is perfectly in order. There is no question of any deduction for personal expenses and hence even if the multiplier adopted is 15, considering the mother's age of 36, the total compensation for loss of dependency would be Rs.7,50,000/-, Rs.30,000 more than that awarded by the Tribunal. Insofar as the loss of love and affection is concerned, the Constitution Bench in Pranay Sethi [(2017) 16 SCC 680)] permits only Rs.40,000/- each and funeral expenses as rightly reduced by the High Court has to be Rs.15,000/. We find no
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NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR rationale for the High Court to have deleted the transportation expenses and loss of dress, ornaments and cycle. As rightly awarded by the High Court, loss of estate has to be compensated with Rs.15,000/-. Hence, even if just compensation of Rs.80,000 is fixed as loss of filial consortium as applicable to both the parents and the funeral expenses is reduced to Rs.15,000/-, the total compensation would be Rs.8,70,000/-."
11. In the said case, Hon'ble Apex Court has taken monthly income of child at Rs.5,000/- and applied multiplier 15 considering the mother's age of 36 years. In the case on hand, the mother is not claimant. Claimant No.1 is father and he is aged 32 years and considering the same, multiplier applicable is 16. 1/3rd income has to be deducted towards personal expenses of the deceased - child. In view of the above, loss of dependency to be taken as under;
Rs.5000/- x 12 x 16 x 2/3 = Rs.6,40,000/-
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12. The tribunal has only awarded funeral expenses in sum of Rs.10,000/-. Claimants are entitled to funeral expenses in sum of Rs.15,000/- and loss of estate in sum of Rs.15,000/-. The Tribunal has awarded a sum of Rs.15,000/- towards love and affection. Claimant No.1 being father of the deceased -child is entitled to filial consortium of Rs.40,000/-. Claimant Nos.2 and 3 are two minor sisters of the deceased -Laxuman. The said two sisters have lost love and affection, companionship and solatium of their brother deceased-Laxuman. Therefore, claimant Nos.2 and 3 are also entitled to consortium of Rs.40,000/- each. Claimant No.4 being grand mother of the deceased -child who has lost love and affection, companionship and solatium due to the death of her grand child. Therefore, she is also entitled to consortium Rs.40,000/-. In view of the above, claimants are entitled to total compensation as under;
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MFA No. 202156 of 2024
C/W MFA No. 200680 of 2024
HC-KAR
Sl.No. Heads Compensation
in
Rs.
1 Loss of dependency 6,40,000/-
2 Consortium 1,60,000/-
3 Funeral Expenses 15,000/-
4 Loss of estate 15,000/-
Total 8,30,000/-
13. In view of the above, claimants are entitled total compensation of Rs.8,30,000/- against Rs.5,25,000/- as awarded by the Tribunal.
MFA No.200680/2024 (MVC No.569/2016)
14. The deceased -Dharmanna was aged 50 years as on the date of accident which was took place in the year 2015. Claimants are wife, son and two minor daughters. The tribunal has taken income of the deceased at Rs.9,000/- per month. There is no basis to the Tribunal to take income of Rs.9,000/-. As per chart prepared by the Legal Services Authority for settlement of disputes in Lok- Aadalath, the notional income for the year 2015 is
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NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR Rs.8,000/-. Claimants are entitled to future prospectus at 10% as per National Insurance Co. Ltd Vs Pranay sheti and Ors3. Considering the age of the deceased, multiplier applicable is 13. As dependants are four in number, deduction towards personal expenses is 1/4th. In view of the above, loss of dependency is as under;
Rs.8,000/- + 10% = Rs.8,800/- x 12 x 13 x 3/4 =Rs.10,29,600/-
15. Claimants being wife and three children are entitled to consortium in sum of Rs,40,000/- each i.e., Rs.1,60,000/- as against Rs.40,000/- awarded by the Tribunal. The tribunal has rightly awarded funeral expenses in sum of Rs.15,000/- and loss of estate in sum of Rs.15,000/. In view of the above, claimants are entitled to total compensation as under; 3 Reported in AIR 2017 SUPREME COURT 5157
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Sl.No. Heads Compensation
in
Rs.
1 Loss of dependency 10,29,600/-
2 Consortium 1,60,000/-
3 Funeral Expenses 15,000/-
4 Loss of estate 15,000/-
Total 12,19,600/-
16. In view of the above, claimants are entitled to total compensation of Rs.12,19,600/- against Rs.10,06,000/- as awarded by the Tribunal.
17. Claimants (in both cases) are entitled interest from the date of petition till its realization. The tribunal has erred in awarding interest from the date of judgment. Claimants are entitled to interest at rate of 6% per annum from the date of petition till its realization.
18. In view of the above, the following ORDER
i) Both appeals are allowed in part.
ii) Claimants in MVC No.567/2016 are entitled to total compensation of Rs.8,30,000/- as against Rs.5,25,000/-
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NC: 2025:KHC-K:5711 MFA No. 202156 of 2024 C/W MFA No. 200680 of 2024 HC-KAR as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization.
iii) Claimants in MFA No.202156/2024 (MVC No.567/2016) are not entitled to interest for the delay period of 585 days in filing appeal as per order dated 30.01.2025.
iv) Claimants in MFA No.200680/2024 (MVC No.569/2016) are entitled to total compensation of Rs.12,19,600/- as against Rs.10,06,000/- as awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realization.
v) Claimants in MVC No.569/2016 are not entitled to interest for the delay period of 585 days in filing appeal as per order dated 22.01.2025.
vi) The order of the Tribunal regarding share of award amount and order of deposit is remained unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 27