- 1 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH 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. 200046 OF 2024 (MV-D) BETWEEN: 1. GEETHA W/O KAILASANATH GAJARE AGE: 41 YEARS, OCC: HOUSEHOLD 2. KAILASANATH S/O BASAVANT RAO GAJARE AGE: 61 YEARS, OCC: NIL BOTH ARE R/O TYPE 2/1 ASAPUR ROAD, NEAR JAJAMATA TEMPLE RAICHUR, NOW R/AT IBRAHIMPUR VIJAYAPURA-586101. …APPELLANTS (BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE) AND: THE MANAGING DIRECTOR NEKRTC, GULBARGA NEKRTC, CENTRAL OFFICE, SARIGE SADAN, KALABURAGI – 585102. …RESPONDENT (BY MISS. SANGEETA BHADRASHETTY, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO MODIFY THE IMPUGNED JUDGEMENT AND AWARD DATED 01-08-2023 PASSED IN MVC NO.1322/2021 ON THE FILE OF THE COURT OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI VIJAYAPURA AT Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 VIJAYAPURA AND ALLOW THIS APPEAL TO GRANT THE COMPENSATION AMOUNT BY RS.36,05,820/- ONLY AS CLAIMED BY THE APPELLANTS BEFORE THE HON’BLE COURT 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 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K NATARAJAN) This appeal is filed by the claimants under Section 173(1) of Motor Vehicles Act, 1988 (for short ‘M.V. Act’) seeking enhancement of compensation as against the judgment and award in MVC.No.1322/2021 dated 01.08.2023 passed by the I Additional Senior Civil Judge and MACT-VI, Vijayapura, (for short, ‘the Tribunal’). 2. Heard the arguments of the learned counsel for the appellants-claimants and the learned counsel for the respondent - Insurance Company. 3. The case of the claimants are that they have filed a claim petition under Section 166 of M.V. Act before - 3 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 the Tribunal, claiming compensation for the death of their son Vilasakumar who died in a road traffic accident dated 10.01.2021. It is contended that on the said date, the deceased along with the petitioner No.2 and other relatives were proceeding towards Almel bus stand from Vibhutihalli Mutt after a marriage ceremony and when they were walking towards the bus stand on kachcha road on the extreme left side of the road, at that time, one KSRTC bus bearing registration No.KA-32/F-2097 came from opposite direction and dashed to the deceased- Vilasakumar who sustained grievous injuries and succumbed to the injuries at the hospital. Hence, the claimants prayed for granting compensation on various heads. 4. The respondent-insurance company appeared through the counsel and filed the written statement by denying the rash and negligent driving of the driver of the bus, and also denied the age, occupation and monthly - 4 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 income of the deceased and prayed for dismissal of the claim petition. 5. Based upon the pleadings, the Tribunal framed three issues and accordingly, the Tribunal considered the age of the deceased as 33 years and income as per Ex.P8 and P11 as Rs.19,917/- per month and deducted Rs.200/- towards Professional Tax and considered Rs.19,700/- as income and added 40% towards loss of future prospects. The Tribunal granted Rs.80,000/- towards consortium, Rs.16,500/- towards the funeral expenses and awarded total compensation of Rs.27,44,180/-. Being aggrieved, the claimants are before this Court. 6. During the course of argument, the learned counsel for the appellants restricts his arguments and submits that the Tribunal has not considered the award towards the loss of estate at Rs.15,000/- as per the decision of the Hon’ble Supreme Court in the case of - 5 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 National Insurance Company Limited vs. Pranay Sethi and others1 and adding 10% increment for every 3 years. 7. The learned counsel for the respondent – insurance company fairly submits that except the loss of estate at Rs.15,000/- and 10% escalation and nothing remains for consideration. 8. Having heard the arguments and perused the records. Considering the facts and circumstances, the Tribunal has rightly considered the income at Rs.19,700/- adding 40% towards loss of future prospects, with applicable multiplier ‘16’ and deducted 50% towards personal expenses and granted Rs.26,47,680/- (Rs.19,700/- + 40% x 12 x 16 – 50%) towards loss of dependency, Rs.16,500/- towards funeral expenses and Rs.80,000/- towards consortium. However, the Tribunal erred in awarding Rs.15,000/- towards loss of estate as per the Pranay Sethi’s case. The appellants are also entitled to 10% enhancement as against Rs.15,000/- 1 (2017) 16 SCC 680 - 6 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 towards the loss of estate. Accordingly, the appellants are entitled to Rs.16,500/- in addition to the award passed by the Tribunal. 9. Accordingly, we proceed to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 01.08.2023 passed in MVC.No.1322/2021 by the I Additional Senior Civil Judge and MACT-VI, Vijayapura is modified. (iii) The claimants are entitled for an additional compensation of Rs.16,500/- along with Rs.27,44,180/- awarded by the Tribunal which shall carry interest at the rate of 6% per annum from the date of petition till the date of realization. (iv) The remaining part of the judgment is unaltered. - 7 - NC: 2025:KHC-K:2544-DB MFA No. 200046 of 2024 The amount in deposit shall be transmitted to the concerned Tribunal along with Trial Court records forthwith. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 36 CT: PS