- 1 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M.JOSHI MISCL. FIRST APPEAL NO.202416/2024 (MV-D) C/W MISCL. FIRST APPEAL NO.202455/2024 (MV-D) IN MFA NO. 202416/2024: BETWEEN: JOHANA BAI W/O LATE PANCHABARAO @ PANJABRAO, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O RAJAGONDA COLONY, HALLADKHERI, BIDAR-585 401. …APPELLANT (BY SRI BASAVARAJ R. MATH, ADVOCATE)] AND: 1. ANILKUMAR S/O SHARANAPPA, AGE: MAJOR, OCC: BUSINESS, R/O H.NO.10-03-100, KHAJA ABDUL FAIZ DARGAH ROAD, FAIZPURA COLONY, BIDAR-585 401. 2. THE BRANCH MANAGER, M/S NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 VEERBHADRESHWAR CHAMBERS, DOOR NO.8-10-135/1 AND 1A, 2ND FLOOR, OPPOSITE NEHRU STADIUM, BIDAR-585 401. …RESPONDENTS (BY SRI MOHD. ABDUL QUAYUM, ADVOCATE, FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE AWARD AMOUNT BY MODIFYING THE IMPUGNED JUDGEMENT AND AWARD DATED 02.05.2024 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT BIDAR, IN MVC NO.646/2023. IN MFA NO.202455/2024: BETWEEN: THE BRANCH MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, VEERABHADRESHWAR CHAMBERS, DOOR NO. 8-10-135/1 AND 1A, 2ND FLOOR, OPP: NEHRU STADIUM, BIDAR-585 401, NOW REPRESENTED BY MR. ANAND S. KULKARNI, DEPUTY MANAGER. …APPELLANT (BY SRI MOHD. ABDUL QUAYUM, ADVOCATE) AND: 1. JOHANA BAI S/O LATE PANCHABARAO @ PANJABRAO, AGE: 61 YEARS, OCC: HOUSEHOLD, - 3 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 R/O RAJAGONDA COLONY, HALLADKHERI, DIST. BIDAR-585 403. 2. ANILKUMAR S/O SHARNAPPA, AGE: MAJOR, OCC: BUSINESS, R/O H.NO.10-3-100, KHAJA ABDUL FAIZ DARGAH ROAD, FAIZPURA COLONY, BIDAR-585 401. …RESPONDENTS (BY SRI BASAVARAJ R. MATH, ADVOCATE, FOR R1; R2-V/O DTD. 18.09.2024, NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE AND/OR MODIFY THE JUDGMENT AND AWARD DATED 02.05.2024 PASSED IN MVC NO.646/2023 BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT BIDAR EXONERATING THE APPELLANT OF ITS LIABILITY OR REDUCING THE COMPENSATION. THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI) 1. Being aggrieved by the judgment and award in MVC No.646/2023 dated 02.05.2024 by the II Additional Senior Civil Judge and JMFC, Bidar, (for short ‘the Tribunal’), the petitioner/claimant is before this Court in appeal in MFA - 4 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 No.202416/2024 and respondent No.2/Insurance Company is in appeal in MFA No.202455/2024. 2. The factual matrix of the case is that, on 05.08.2023, when the husband of the petitioner was proceeding by walk towards Bidar on Bidar-Zaheerabad Road, at about 3.30 p.m., a Car bearing No.KA-18/Z-3775 came in high speed and dashed to the deceased, resulting in, he sustaining fatal injuries and died on the spot. The concerned, jurisdictional Police registered the case in Crime No.80/2023 and after investigation filed charge-sheet against the driver of the Car. The petitioner contended that the deceased was aged about 76 years, earning Rs.15,000/- by doing labour work and use to maintain the family. It was contended that the petitioner is entitled for adequate compensation from the owner and insurer of the Car. 3. The petition was opposed by respondent No.2 contending that the terms and conditions of the policy were violated and the Driver of the Car was not having a valid driving license. Inter alia, it also denied, the age, income and - 5 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 occupation of the deceased and termed the compensation claimed as highly exorbitant and imaginary. 4. On the basis of the above contentions, the Tribunal framed appropriate issues. The petitioner was examined as PW1 and Exs.P1 to P9 were marked in evidence. No evidence was led on behalf of the respondents. After hearing both the sides, the Tribunal awarded a compensation of Rs.6,20,000/- by adopting notional income of Rs.12,000/- per month and deducting 1/4th towards the personal expenses of the deceased. 5. The arguments by learned counsel for petitioner and Insurance Company were heard. 6. Learned counsel for the appellant/petitioner would submit that the notional income considered by the Tribunal is on the lower side. Though the petitioner contended that the deceased was earning Rs.15,000/- per month, the Tribunal held the same to be Rs.12,000/- per month. He further points out that compensation under the conventional head is also not in consonance with the judgment of the Apex Court. - 6 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 7. Per contra, learned counsel appearing for the appellant-Insurance Company would submit that the petitioner is the only dependent of the deceased and therefore, 50% should have been deducted towards personal expenses of the deceased. He submits that the Tribunal erred in deducting 1/4th towards the personal expenses of the deceased. 8. The petition was filed by the wife of the deceased. Though, the deceased and the petitioner had children, who were majors at the time of the accident, they were not joined as claimants or respondents. Therefore, it is not possible for this Court also to consider that the deceased was supporting the family. Be that as it may, it cannot be disputed that the petitioner was dependent of the deceased. There is no reason for deducting 50% towards the personal expenses of the deceased when it has come on record that the deceased have children. The cross-examination of PW1 elicits that the petitioner and deceased have seven children. Therefore, though the Tribunal could not have deducted 1/4th towards personal expenses, 1/3rd should have been deducted towards personal expenses. - 7 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 9. Regarding the notional income, the Tribunal assessed the same at Rs.12,000/- per month. The guidelines issued by the KSLSA consider a higher notional income for the year 2023. When the petitioner has contended that the deceased was earning Rs.15,000/- per month by selling Ayurvedic Medicines, there was no need to reduce the same to Rs.12,000/-. Therefore, by adopting notional income of Rs.15,000/- and multiplier of ‘5’, the loss of dependency is calculated as Rs.15,000/- x 12 x 2/3 x 5 = Rs.6,00,000/-. It is pertinent to note that the future prospects would not be applicable in the present case, since the deceased was aged more than 65 years. 10. In addition to the above, by applying the principles laid down in the case of National Insurance Company Limited Vs. Pranay Sethi and others1, a sum of Rs.19,500/- is to be awarded towards funeral expenses, a sum of Rs.19,500/- is to be awarded towards loss of estate and a sum of Rs.52,000/- is to be awarded towards the loss of consortium. In all, the petitioner is entitled for a sum of 1 (2017) 16 SCC 680 - 8 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 Rs.6,00,000/- + Rs.19,500/- + Rs.19,500/- + Rs.52,000/- = Rs.6,91,000/-. 11. In the result, the appeal filed by the petitioner deserves to be allowed in part and the appeal filed by the Insurance Company deserves to be dismissed. Hence, the following: ORDER i) The MFA No.202455/2024 is hereby dismissed. ii) The MFA No.202416/2024 is hereby allowed in part. iii) The petitioner is entitled for a sum of Rs.71,000/- in addition to the compensation awarded by the Tribunal along with interest at the rate of 6% per annum from the date of petition till its deposit before the Tribunal. iv) The respondent No.2 – Insurance Company is directed to deposit the compensation amount - 9 - NC: 2025:KHC-K:2440 MFA No. 202416 of 2024 C/W MFA No. 202455 of 2024 within a period of six weeks from the date of this judgment. v) Rest of the order passed by the Tribunal remains unaltered. Sd/- (C.M. JOSHI) JUDGE SBS List No.: 1 Sl No.: 65 CT: AK