Karnataka High Court
Iramma vs Srs Travels on 4 December, 2025
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NC: 2025:KHC-K:7467
MFA No. 204952 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 204952 OF 2025 (MV-D)
BETWEEN:
1. IRAMMA W/O. MALLIKARJUN PATIL,
AGE 41 YEARS, OCC. HOUSEHOLD WORK,
2. MADIVALAMMA D/O. MALLIKARJUN PATIL,
AGE 22 YEARS, OCC. STUDENT,
3. SHARANAGOUDA S/O. MALLIKARJUN PATIL,
AGE 20 YEARS, OCC. STUDENT,
4. NAGAMMA D/O. MALLIKARJUN PATIL,
AGE 18 YEARS, OCC. STUDENT,
Digitally
signed by 5. HANAMANT S/O. MALLIKARJUN PATIL,
SUMITRA AGE 15 YEARS, OCC. STUDENT,
SHERIGAR
Location: ALL ARE R/O HIKKANAGUTTI VILLAGE,
HIGH SINDAGI TQ., NOW AT JALANAGAR,
COURT OF VIJAYAPURA-586 101.
KARNATAKA ...APPELLANTS
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. SRS TRAVELS
THROUGH ITS PROPRIETOR,
K.T.RAJASHEKHAR, 321, TSP ROAD,
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NC: 2025:KHC-K:7467
MFA No. 204952 of 2025
HC-KAR
OPPOSITE BANGALORE MEDICAL COLLEGE,
KALASIPALYAM, BANGALORE-01.
2. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
GURUKUL ROAD, VIJAYAPURA-586 101.
3. THE DIVISIONAL CONTROLLER
NSRKTC, BAGALKOT-587 101.
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R2;
SRI SANGEETA BHADRASHEETY, ADV. FOR R3;
V/O. DTD 19.11.2025 NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING
TO ALLOW THE CLAIM PETITION THE JUDGMENT AND
AWARD DATED 16.06.2023 PASSED BY THE MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.VII AT VIJAYAPURA IN
MVC NO.517/2019 AND ENHANCE THE COMPENSATION IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is filed by the claimants against the Judgment and award dated 16.06.2023 passed in MVC No.517/2019 by the Motor Accident Claims Tribunal No.VII, Vijayapura, (for short 'the tribunal') seeking enhancement of compensation.
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NC: 2025:KHC-K:7467 MFA No. 204952 of 2025 HC-KAR
2. One Mallikarjun Patil, met with accident on 04.02.2019 and succumbed to the injuries. His wife and children filed claim petition before the tribunal seeking compensation of Rs.50,50,000/-. The tribunal considering the entire evidence on record awarded a sum of Rs.20,78,548/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. Aggrieved by the said Judgment and award, the claimants i.e. wife and children have preferred the present appeal and mainly contended that, the deceased Mallikarjun Patil was working as Driver in the KSRTC and getting a salary of Rs.29,195/- per month. But the tribunal has considered his income at Rs.17,379/- which is on lower side. Further he contended that, the amounts granted under other heads are also on meager side, thus requested for enhancement of the compensation.
3. The claimants have filed salary certificate of the deceased Mallikarjun Patil at Ex.P.18 and Ex.P.19 to show that, he was getting gross salary of rs.29,195/- per month, but compulsory deductions of professional tax to an extent of -4- NC: 2025:KHC-K:7467 MFA No. 204952 of 2025 HC-KAR Rs.200/- is to be deducted. Therefore, his net income is to be taken as Rs.29,195/- minus Rs.200/- = Rs.28,995/-. The deceased Mallikarjun was aged 52 years as per the date of birth mentioned in Ex.P.21 and Ex.P.22. The multiplier is to be taken as '11'. Further 15% is to be added to the income towards future prospects.
Rs.28,995/- + 15% (Rs.4,349/-) = Rs.33,344/- Rs.33,344/- X 12 months = Rs.4,00,128/- In view of the Income Tax slab, there will be no tax upto a sum of Rs.2,50,000/-. Hence, 5% tax is to be deducted in a sum of Rs.1,50,128/-, which comes to Rs.7,506/-. Hence, the following calculation:
Rs.4,00,128/- minus Rs.7,506/- = Rs.3,92,622/- Rs.3,92,622/- X 11 X 3/4th = Rs.32,39,131/-. Hence, the loss of dependency is Rs.32,39,131/-.
4. The claimant No.1 is entitled for Rs.44,000/- towards loss of consortium, claimant Nos.2 to 5 are entitled for Rs.44,000/- each towards parental consortium and all of -5- NC: 2025:KHC-K:7467 MFA No. 204952 of 2025 HC-KAR them are entitled to Rs.33,000/- towards conventional heads. Hence, the total compensation is as under:
Sl.No. Heads of compensation Amount 1 Loss of dependency Rs.32,39,131/- 2 Loss of consortium (Rs.44,000/- X 5) Rs.2,20,000/- 3 Conventional heads Rs.33,000/-
Total Rs.34,92,131/-
5. It is submitted that, the Insurance company has already deposited the compensation awarded by the tribunal along with interest.
6. The tribunal held liable the respondent Nos.1 and 2 and directed respondent No.2-Insurance company to deposit the compensation amount. The claim petition against respondent No.3 was dismissed.
7. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimants are entitled to total compensation of Rs.34,92,131/- along with interest at the rate of 6% per annum from the date -6- NC: 2025:KHC-K:7467 MFA No. 204952 of 2025 HC-KAR of petition till the date of realization as against Rs.20,78,600/- awarded by the tribunal;
(iii) Respondent No.2-Insurance company is directed to deposit the enhanced compensation of Rs.14,13,531/- along with interest within one month from the date of this order;
(iv) On such deposit, claimant No.1-wife of the deceased is permitted to withdraw the entire amount along with interest accrued on it.
(v) Vide order dated 19.11.2025 the claimants are not entitled for interest for the delayed period of 792 days.
sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 22 CT:RJ