- 1 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 201915 OF 2023 (MV-D) BETWEEN: 1. VIJAYALAXMI W/O SHARANABASAVANA NAIKODI @ SONNA AGE: 25 YEARS, OCC: HOUSEHOLD, 2. RASHMITA D/O SHARANABASAVA NAIKODI@ SONNA AGE: 2 YEARS, OCC: NIL, 3. RUKMINI W/O SHIVANNA NAIKODI @ SONNA AGE: 50 YEARS, OCC: HOUSEHOLD, 4. SHIBANNA S/O SHIVALINGAPPA NAIKODI @ SONNA AGE: 54 YEARS, OCC: AGRICULTURE, APPELLANT NO.2 IS MINOR U/G OF HER NATURAL MOTHER THE APPELLANT NO.1 ALL ARE R/O H.NO.19-30, VIDYA NAGAR, JEWARGI, DIST: KALABURAGI. …APPELLANTS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 AND: 1. ABHAY KUMAR S/O CHANDRASHEKHAR PATIL AGE: MAJOR, OCC: AGRICULTURE R/O H.NO.30-38, YADGIR MAIN ROAD, NEAR IRANI BUILDING, MALLIKARJUN AREA, WADI, TQ. CHITTAPUR, DIST: KALABURAGI – 585103. 2. THE NEW INDIA ASSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER, NEAR SBI BANK, SANGAMESHWAR COLONY, S.B.TEMPLE ROAD, KALABURAGI – 585103. …RESPONDENTS (BY SMT. RAHUL R. ASTURE, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173 (1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.02.2023, PASSED BY THE SENIOR CIVIL JUDGE AND MACT-XV, JEWARGI, IN FILE BEARING M.V.C.NO. 324/2022, AND ALLOW THE CLAIM PETITION BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) Though this appeal is listed for admission, with the consent of learned counsel for both the parties, it is taken up for final disposal. 2. This appeal is filed by the claimants seeking for higher compensation being aggrieved by the judgment and award dated 22.02.2023 passed in MVC No.324/2022 by the Senior Civil Judge & MACT-XV, Jewargi. 3. Heard Sri Krupa Sagar Patil, learned counsel for the appellants and Sri Rahul R Asture, learned counsel for respondent No.2 – Insurance Company. 4. Learned counsel for the appellants submits that the Tribunal has committed grave error in assessing the income of the deceased at Rs.12,500/- per month without appreciating the fact that deceased was doing agriculture work and private service and was earning Rs.25,000/- per month. It is submitted that the deceased was aged about - 4 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 28 years at the time of accident and claimants being the wife, son, father and mother of the deceased, have filed the claim petition. The Tribunal has further erred in awarding lesser compensation under the head of loss of consortium which needs to be enhanced. Hence, he seeks to allow the appeal by appropriately modifying the impugned award. 5. Per contra, Sri Rahul R. Asture, learned counsel appearing for the respondent – Insurance Company supports the impugned judgment and award of the Tribunal and submits that the claimants have failed to produce any legally acceptable evidence with regard to the income. Hence, the Tribunal has assessed the income of the deceased at Rs.12,500/- per month. It is submitted that the Tribunal, taking note of the oral and documentary evidence, has awarded just compensation of Rs.29,74,150/- which does not call for enhancement. Hence, he seeks to dismiss the appeal. - 5 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 6. We have heard the arguments of learned counsel for the appellants/claimants and learned counsel for the Insurance Company and meticulously perused the material on record. 7. The only point that arises for our consideration in this appeal is: “Whether the appellant is entitled for enhancement of compensation? If so to what extent?” 8. The material available on record would indicate that on 29.12.2021 the deceased Sharanabasava Naikodi @ Sonna was proceeding on his motorcycle bearing registration No.KA-32/R-6994 towards his land. The deceased was riding the motorcycle in a slow and cautious manner. At about 6.00 p.m., when the deceased reached near the land of one Vishwanath Mali Patil on Jewargi- Sonna road, at that time, one Toyota Qualis Vehicle bearing registration No.KA-32/M-2366 came from opposite - 6 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 direction driven by its driver with high speed in a rash and negligent manner and dashed to the deceased. Due to the said impact, deceased fell down on road and sustained grievous injuries over head and he succumbed to those injuries in the said accident. 9. The claimant No.1 – Vijayalaxmi examined herself as PW-1 and got marked Exs.P-1 to P-57. The respondent – Insurance Company did not adduce any evidence. The Tribunal, by the judgment and award, assessed the compensation at Rs.29,74,150/- with interest at the rate of 6% per annum. 10. Admittedly, the claimants have not produced any evidence with regard to the income of the deceased before the Tribunal. The Tribunal notionally assessed his income at Rs.12,500, we are of the considered view that the Tribunal has committed an error in assessing the income of the deceased on the lower side. Considering the notional income chart prepared by the Karnataka State Legal Services Authority, we re-assess the notional income - 7 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 of the deceased at Rs.14,250/- per month for the purpose of determination of compensation. Admittedly, the deceased was aged about 28 years and was doing agriculture work and private service. Hence, the claimants are entitled for addition of 40% of the assessed income under the head of loss of future prospects. 11. In view of the law laid down by the Constitution Bench of the Hon'ble Supreme Court in National Insurance Co., Ltd., Vs. Pranay Sethi and others reported in AIR 2017 SC 51571, to the aforesaid amount, 40% has to be added towards future prospects as the deceased was aged about 28 years. Thus, the monthly income comes to Rs.19,950/. Out of which, it is appropriate to deduct 1/4th of Rs.19,950/- towards personal expenses. 12. As on the date of the accident, the deceased was aged 28 years, as per the decision of Hon’ble Apex (2009) 6 SCC 1211 - 8 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 Court in the case of SARLA VERMA (SMT) & OTHERS VS. DELHI TRANSPORT CORPORATION & ANOTHER, the multiplier applied to the age group of the petitioner is 17 which is rightly taken by the Tribunal. Therefore, the claimants are entitled for a sum of Rs.30,52,350/- (Rs.14,250 + 40% x 12 x 17 x 3/4) on account of loss of dependency. 13. Further, the claimants are also entitled for loss of consortium at the rate of Rs.40,000/- each with 10% escalation as per the judgment of the Hon’ble Apex Court in the case of Magma General Insurance Company Limited vs. Nanuram alias Chuhru Ram & others2 and are also entitled for Rs.15,000/- under the head of loss of estate and Rs.15,000/- towards transportation of dead body and funeral expenses with 10% escalation. Insofar as award of medical expenses by the Tribunal of a sum of Rs.1,66,650/- is unaltered. 2018 ACJ 27822 - 9 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 14. Thus, the claimants would be entitled to modified compensation as under: The computation of enhancement: Description Amount Loss of dependency Rs.30,52,350 Loss of consortium (Rs.44,000/- x 4) Rs.1,76,000 Medical expenses Rs.1,66,650 Loss of estate Rs.16,500 Transportation of dead body and funeral expenses Rs.16,500 Total Rs.34,28,000 Award of the Tribunal Rs.29,74,150/- 15. Thus, the claimants would be entitled to total compensation of Rs.34,28,000/- as against Rs.29,74,150/- awarded by the Tribunal. Hence, the claimants are entitled for enhanced compensation of Rs.4,53,850/- with interest @ 6% p.a. 16. In the result, we proceed to pass the following: - 10 - NC: 2025:KHC-K:1504-DB MFA No. 201915 of 2023 ORDER (i) The appeal is allowed in part. (ii) The judgment and award passed by the Tribunal is modified. (iii) The appellants/claimants are entitled for an enhanced compensation of Rs.34,28,102/- which shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. (iv) The judgment insofar as apportionment and deposit of the tribunal is unaltered. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 16 CT: PS