- 1 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO.202926 OF 2022 (MV-D) BETWEEN: 1. BIBI W/O BANDENAWAZ DAFEDAR, AGE: 30 YEARS, OCC: HOUSEHOLD, 2. THOFIQ S/O BANDENAWAZ DAFEDAR, AGE: 14 YEARS, OCC: STUDENT, 3. SAMEER S/O BANDENAWAZ DAFEDAR, AGE: 12 YEARS, OCC: STUDENT, 4. MAIBOOB S/O BANDENAWAZ DAFEDAR, AGE: 10 YEARS, OCC: STUDENT, 5. SHABHAN BEGUM D/O BANDENAWAZ DAFEDAR, AGE: 06 YEARS, APPELLANT NO.2 TO 5 ARE MINORS U/G OF THEIR NATURAL MOTHER THE APPELLANT NO.1. 6. PUTALI BEGUM W/O SHABANSAB, @ CHAWAL SAB DAFEDAR, AGE: 67 YEARS, OCC: HOUSEHOLD, ALL ARE R/O KEMBHAVI, TQ. SHORAPUR, DIST. YADGIRI-585101 Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 …APPELLANTS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: 1. SABANNA S/O MALLAPPA, AGE: 30 YEARS, OCC: BUSINESS AND OWNER OF VEHICLE NO. KA-33/A-5650, R/O HURUSAGUNDAGI, TQ. SHAHAPUR, DIST. YADGIR-585101 2. CHOLAMANDALAM MS GENERAL INS. CO.LTD., THROUGH ITS BRANCH MANAGER, 1ST FLOOR, KALABURAGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI-580006. …RESPONDENTS (BY SRI. MANJUNATH MALLAYYASHETTY, ADVOCATE FOR R-2; R-1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 18.02.2022, PASSED BY THE SENIOR CIVIL JUDGE AND MACT, SHORAPUR, IN FILE BEARING M.V.C. NO. 64/2020, AND ALLOW THE CLAIM PETITION BY ENHANCING THE COMPENSATION AMOUNT AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FURTHER ORDERS, 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:2264-DB MFA No. 202926 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the claimants seeking for higher compensation being aggrieved by the judgment and award dated 18.02.2022 passed in MVC No.64/2020 by the Senior Civil Judge & MACT, Shorapur. 2. Sri Krupa Sagar Patil, learned counsel for the appellants submits that the Tribunal has committed a grave error in assessing the income of the deceased at Rs.9,000/- per month without appreciating the fact that the deceased was an agriculturalist, working as coolie and was earning Rs.18,000/- per month. He used to contribute the said amount to the family. It is submitted that the appellants are also entitled for future prospects at the rate of 40%, loss of consortium at Rs.40,000/- each with 10% escalation and compensation under the conventional heads. Hence, he seeks to allow the appeal. - 4 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 3. Sri Manjunath Mallayya Shetty, learned counsel appearing for respondent – insurance company supports the impugned judgment and award of the Tribunal and submits that the appellants have not produced any evidence to prove the income of the deceased. It is submitted that the assessment of compensation by the Tribunal is just and proper which does not call for any enhancement. Hence, he seeks to dismiss the appeal. 4. We have heard the arguments of the learned counsel for the appellants/claimants, the learned counsel for the Insurance Company and meticulously perused the materials on record. The point that arises for our consideration in this appeal is: “Whether the appellants are entitled for enhancement of compensation? If so to what extent?” 5. The undisputed facts are that in a road accident dated 19.11.2019, one Bandenawaz succumbed to the injuries sustained in the road accident. The deceased was - 5 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 aged about 32 years at the time of accident as per the averments in the claim petition and the evidence on record. The deceased was an agriculturist and was also doing coolie work. It was claimed that he was earning Rs.18,000/- per month. However, no evidence is produced to substantiate the same. Considering the notional income chart prepared by the Karnataka State Legal Services Authority, we notionally re-assess the income of the deceased at Rs.13,250/- per month. The deceased was aged about 32 years at the time of accident, hence the appropriate multiplier would be 16, the appellants are entitled to an addition of 40% to the assessed income of the deceased towards the loss of future prospects of the deceased and the deduction would be 1/4th towards the personal and living expenses of the deceased. Each of the appellants are entitled to a consortium at Rs.40,000/- with 10% escalation. The appellants are also entitled to Rs.15,000/- for the head of loss of estate and Rs.15,000/- towards the head of transportation of dead body and funeral expenses with 10% escalation. Award of - 6 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 compensation for medical expenses is unaltered as it is based on the actual bills. Thus, loss of dependency is calculated as under: Rs.13,250/- + 5,300/- (40%) = Rs.18,550/- (-) ¼ x 12 x 16 = Rs.26,71,200/- 6. Thus, the claimants would be entitled to modified compensation as under: Description Amount Loss of dependency Rs.26,71,200 Loss of consortium (Rs.44,000/- x 6) Rs.2,64,000 Medical expenses Rs. 32,386 Loss of estate Rs.16,500 Transportation of dead body and funeral expenses Rs.16,500 Total Rs.30,00,586/- Award of the Tribunal Rs.21,25,786/- 7. Thus, the claimants would be entitled to total compensation of Rs.30,00,586/- as against Rs.21,25,786/- awarded by the Tribunal. Hence, the - 7 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 claimants are entitled to an enhanced compensation of Rs.8,74,800/- with interest @ 6% p.a. 8. In the result, we proceed to pass the following: 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.8,74,800/- which shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. The appellants are not entitled to interest for the delayed period of 127 days. (iv) The judgment insofar as apportionment and deposit of the tribunal is concerned, the same remains unaltered. - 8 - NC: 2025:KHC-K:2264-DB MFA No. 202926 of 2022 (v) The respondent – insurance company shall deposit the compensation amount within a period of eight weeks. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 23 CT:SI