Karnataka High Court
The Icici Lombarad General Insurance ... vs Smt Roopali W/O Sri Prakash Narale on 8 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.102389 OF 2024 C/W
MISCELLANEOUS FIRST APPEAL NO.104375 OF 2023 (MV-D)
IN MFA NO. 102389/2024:
BETWEEN:
1. SMT. ROOPALI W/O. SRI. PRAKASH NARALE
AGE 40 YEARS, OCC. HOUSEWIFE, R/O. AKLUJ,
TAL. MALASIRAS, DIST. SOLAPUR-413001.
2. KUM. UDAY S/O. PRAKASH NARALE,
AGE 20 YEARS, OCC. STUDENT, R/O. AKLUJ,
TAL. MALASIRAS, DIST. SOLAPUR-413001.
3. KUM. VAISHNAVI D/O. PRAKASH NARALE,
AGE 16 YEARS, OCC. STUDENT, R/O. AKLUJ,
TAL. MALASIRAS, DIST. SOLAPUR.
(APPELLANT NO.2 & 3 ARE MINORS.
Digitally signed
by SAMREEN
HENCE THEY ARE R/BY THEIR NATURAL
AYUB DESHNUR
Location: High
Court of
MOTHER APPELLANT NO.1)-413001.
Karnataka,
Dharwad Bench - APPELLANTS
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)
AND:
1. SRI. DHIRAJ DNYANADEO PATIL,
AGE 51 YEARS, OCC. BUSINESS,
R/O. "PARIJAT", NEAR DEVSHTHALI,
GOVT. COLONY (EAST) SANGLI-416416.
(OWNER OF MARUTI WAGONR BEARING
REGISTRATION NO.MH-10/AN-6360).
2. ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
R/BY. 14TH FLOOR 14 KRISHNA TOWERS,
-2-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
KHANAPUR ROAD, TILAKAWADI, BELAGAVI-590001.
3. SRI. MARUTI LAXMAN NARALE,
AGE. 80 YEARS, OCC. NIL,
R/O. ASANGI, TAL. JATH-416404.
4. SRI. JANABI W/O. MARUTI NARALE,
AGE. 70 YEARS, OCC. NIL,
R/O. ASANGI, TAL. JATH-416404.
- RESPONDENTS
(BY SRI. KRISHNAKUMAR JOSHI AND
SRI MAHESH S. DESAI, ADVOCATES FOR R1;
SRI. MADHUKESHWAR DESHPANDE, ADVOCATE FOR R2;
SMT. RAJASHREE, ADVOCATE FOR R3 & R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 20.02.2023 PASSED IN M.V.C. NO.
1155/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIMS
TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION &
ETC.
IN MFA NO. 104375/2023:
BETWEEN:
THE ICICI LOMBARAD GENERAL
INSURANCE CO. LTD.,
14TH FLOOR, KRISHNA TOWERS,
KHANAPUR ROAD, TILAKAWADI, BELAGAVI.
NOW R/BY MANAGER,
BELLAD & CO. BUILDING,
2ND FLOOR, GOKUL ROAD,
HUBBALLI, DIST. DHARWAD.
- APPELLANT
(BY SRI. MADHUKESHWAR DESHPANDE, ADVOCATE)
AND:
1. SMT. ROOPALI W/O SRI. PRAKASH NARALE,
AGE 39 YEARS, OCC. HOUSEWIFE, R/O AKLUJ,
TQ. MALASIRAS, DIST. SOLAPUR 413101.
2. UDAY S/O SRI. PRAKASH NARALE,
-3-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
AGE 19 YEARS, OCC. STUDENT, R/O AKLUJ,
TQ. MALASIRAS, DIST. SOLAPUR 413101.
3. VAISHNAVI D/O SRI. PRAKASH NARALE,
AGE 15 YEARS, OCC. STUDENT, R/O AKLUJ,
TQ. MALASIRAS, DIST. SOLAPUR 413101.
(SINCE MINOR R/BY NATURAL
GUARDIAN MOTHER R1)
4. SRI. DHIRAJ DNYANADEO PATIL,
AGE 49 YEARS, OCC. BUSINESS,
R/O PARIJAT, NEAR DEVASTHALI,
GOVT. COLONY (EAST) SANGALI 416416.
5. SRI. MARUTI S/O LAXMAN NARALE,
AGE 79 YEARS, OCC. NIL, R/O ASANGI,
TQ. JATH, MAHARASHTRA 416413.
6. JANABAI W/O MARUTI NARALE,
AGE 69 YEARS, OCC. NIL, R/O ASANGI,
TQ. JATH, MAHARASHTRA 416413.
- RESPONDENTS
(BY SRI. BAHUBALI N. KANABARGI, ADVOCATE FOR R1 & R2;
(R3 IS MINOR R/BY R1);
SRI. MAHESH S. DESAI, ADVOCATE FOR R4;
NOTICE TO R5 & R6 ARE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLE ACT 1988, AGAINST THE
JUDGMENT AND AWARD DATED 20.02.2023 PASSED IN M.V.C.
NO. 1155/2019 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, AWARDING COMPENSATION OF
RS.43,34,000/- WITH INTEREST AT 8 PERCENT P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION & ETC.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
-4-
NC: 2025:KHC-D:11467-DB
MFA No. 102389 of 2024
C/W MFA No. 104375 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) M.F.A. No. 102389/2024 is preferred by the appellants-claimants and M.F.A. No. 104375/2023 is preferred by the insurer, both challenging the judgment and award dated 20.02.2023 in M.V.C. No. 1155/2019 by the learned VI Addl. District & Sessions Judge & Addl. M.A.C.T, Belagavi.
2. Brief facts of the case are that, on 11.06.2019 one Sri Prakash Maruti Narale (deceased) was proceeding towards his sister's farm house at Kavate Mahankal on his motorcycle bearing No. MH-10-AU-8916 with another person Sri Dharmanand Ganamale. When they were plying on Kavate Mahankal to Jath Road, the driver of Maruti Wagonr bearing No. MH-10-AN-6360 (offending vehicle) came at a high speed, in a rash and negligent manner and dashed to the motorcycle. Due to the accident, Prakash sustained fatal injuries and Dharmanand Ganamale also sustained injuries. Prakash succumbed to -5- NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR the injuries while undergoing treatment. The claimants thus filed claim petition seeking compensation.
3. In response, the respondents entered appearance and filed their respective statement of objections. Respondent No.1 has admitted that he is the owner of the offending car, however denied averments of the claim petition. Respondent No.2-insurer contended that liability of the insurer is subject to the terms and conditions of the policy and provision of the Act. It contended that driver of car had no driving licence and even the rider of the motorcycle had no driving licence. The rider was also driving without wearing a helmet and without following traffic rules and regulations. The location of the accident, residence of petitioners and respondents and the branch issuing the insurance policy are all situated in the State of Maharashtra. Hence, the Tribunal has no jurisdiction to entertain the claim petition. Hence, prayed to dismiss the claim petition.
-6-
NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR
4. On the basis of rival contentions, the Tribunal framed necessary issues and proceeded for trial. Wife of the deceased was examined as PW1 and got marked documents as per Exs.P.1 to P.18. On behalf of the respondents, no oral evidence is led, however copy of the insurance policy is marked as Ex.R.1.
5. The Tribunal after appreciating the oral and documentary evidence awarded compensation of Rs.43,34,000/- by considering the monthly income of the deceased at Rs.23,000/-, adding 25% of it towards future prospects, applying multiplier of '14' and deduction of 1/5th towards personal expenditure of deceased.
6. Sri Bahubali Kanabaragi, learned counsel appearing for the appellants-claimants submits that the Tribunal has committed grave error in assessing the income of the deceased. The deceased was working as a Fitter in the Factory and drawing salary of Rs.24,000/- per month. In addition to that, he was earning income from agricultural -7- NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR activity and due to his untimely death, income of the family has been reduced. Hence he sought to re-assess the income. It is also submitted that the amount of compensation awarded towards other heads are also on the lower side. Hence, he seeks to allow the appeal by enhancing the compensation.
7. Per contra, Sri Madhukeshwar Deshpande, learned counsel for the insurer submits that the Tribunal without any justifiable reason has added Rs.2,000/- to the income of the deceased stating that it is the income which has been lost from agricultural activity. It is submitted that the agricultural activity continued to remain even after the death of Prakash. Hence, he seeks to re-assess the income. Further it is submitted that the Tribunal has erred in applying the deduction towards personal expenses of the deceased at 1/5th instead of 1/4th as the claimants are the wife, children and parents, who are five in number. -8-
NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR
8. It is also submitted that the award of compensation towards loss of consortium is also on the higher side and opposed to the law laid down by the Hon'ble Supreme Court. Hence, he has prayed to allow the appeal preferred by the insurer.
9. After hearing both the sides and meticulously perusing the oral and documentary evidence so also the impugned judgment and award of the Tribunal, the following point arises for our consideration.
Whether the impugned judgment and award is required to be interfered with?
10. Our answer to the above point is 'partly in the affirmative' for the following reasons.
11. There is no dispute as regards the occurrence of accident, coverage of insurance policy, negligence and liability to pay compensation. The Tribunal considering the oral and documentary evidence assessed income of the -9- NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR deceased at Rs.21,000/- per month based on salary slips at Exs.P.13 and 14. The Tribunal also added income of the deceased at Rs.2,000/- per month towards agriculture.
12. We have perused Exs.P.13 to P.16 produced by the learned counsel for the claimants. The aforesaid documents indicate that the deceased was drawing Rs.23,827/- and Rs.24,673/- from March to June, 2019. Taking note of the same, we are of the considered view the income of the deceased is not assessed correctly by the Tribunal. Hence, the same is re-assessed at Rs.23,800/- per month by taking the average income as indicated in the pay slips at Exs.P.13 to P.16. The Tribunal, in our view, has erred in considering Rs.2,000/- per month towards loss of agricultural income. The agricultural activity has continued even after the death of Prakash and hence it does not arise.
13. The claimants are also entitled to addition of 25% of the assessed income towards future prospects in view of
- 10 -
NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR the ratio laid down by the Hon'ble Supreme Court in the case of National India Co., Ltd., Vs. Pranay Sethi and Ors.1. The dependents are five in number and the appropriate deduction towards personal expenses is ¼. The appropriate multiplier is 14. Hence, the claimants are entitled for compensation of 37,48,500/- (Rs.23,800/- + 5,950/- x 12 x 14 x ¼) under the head of loss of dependency.
15. The Tribunal has erred in awarding compensation towards conventional heads. Admittedly, the dependents are five in number, i.e., the wife, children and parents of the deceased. In view of the same, a sum of Rs.40,000/- each is awarded to them towards loss of consortium. The claimants are entitled to a sum of Rs.15,000/- towards transportation of dead body and funeral expenses and Rs.15,000/- towards loss of estate. In view of the judgment of the Apex Court in Sarla Verma (supra) and Magma General Insurance Company Ltd. Vs. Nanu 1 AIR 2017 SC 5157
- 11 -
NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR Ram alias Chuhru Ram and others2 the claimants are entitled for 10% escalation on the said amount.
16. The Tribunal, in our view, has committed an error in awarding interest at the rate of 8% p.a. on the compensation awarded without assigning any special reasons. Taking note of the rate of interest in the Nationalized Banks paid on the term deposits, we award interest at the rate of 6% p.a. from the date of petition till realization.
17. The re-assessed compensation amount is as under:
1. Loss of dependency 37,48,500.00
2. Loss of consortium 2,20,000.00
3. Loss of estate 16,500.00
4. Funeral expenses 16,500.00 Total 40,01,500.00 Award of Tribunal 43,34,000.00 Reduction 3,32,500.00
18. The learned counsel for the insurer submits that the appellant-insurer has deposited entire compensation amount and in view of reduction of compensation, the 2 (2018) 18 SCC 130
- 12 -
NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR excess amount deposited by the insurer shall be refunded. Considering the aforesaid submission, it is ordered that, if any excess amount is remaining, the same shall be refunded to the insurer in accordance with law.
19. For the aforesaid reasons, the following order is passed.
ORDER (1) Both the appeals are allowed in part.
Consequently, the judgment and award dated 20.02.2023 in M.V.C. No. 1155/2019 by the learned VI Addl. District & Sessions Judge & Addl. M.A.C.T, Belagavi is modified by awarding compensation of Rs.40,01,500/- as against Rs.43,34,000/- awarded by the Tribunal with interest at the rate of 6% p.a. from the date of petition till realization.
(2) The insurer shall deposit the entire compensation amount within eight weeks, if not already deposited.
- 13 -
NC: 2025:KHC-D:11467-DB MFA No. 102389 of 2024 C/W MFA No. 104375 of 2023 HC-KAR (3) Excess amount, if any, shall be refunded to the insurer in accordance with law.
(4) The apportionment and release of the compensation amount shall be in terms of the award of the Tribunal.
(5) The amount in deposit before this Court shall be transmitted to the Tribunal.
(6) The claimants-appellants in M.F.A. No. 102389/2024 are not entitled to interest for the period of delay caused in preferring the appeal. (7) Pending application, I.A. No. 1/2025 filed in M.F.A. No. 104375/2023 is disposed of in view of disposal of the appeal.
(8) Office to draw decree accordingly.
Sd/-
(S.SUNIL DUTT YADAV) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 38