- 1 - HC-KAR NC: 2025:KHC-K:2799 MFA No. 203501 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.203501 OF 2024 (MV-D) BETWEEN: 1. RANGAYYA S/O NINGAYYA AGE: 48 YEARS, OCC: COOLIE, 2. SMT. SABAMMA W/O RANGAYYA AGE: 38 YEARS, OCC: HOUSEWIFE BOTH ARE RESIDENCE OF HEMANUR VILLAGE, TQ: DEVADURGA, DIST; RAICHUR NOW RESIDING AT LBS NAGAR, RAICHUR. …APPELLANTS (BY SRI LIYAQAT FAREED USTAD, ADVOCATE) AND: 1. MR. TADAKAMALLA SURENDRA MOHAN AGE: MAJOR, OCC: OWNER OF LORRY BEARING NO.AP-29/U-1920, R/O: CORPORATE OFFICE #8-2-1/1/3, AVATAR NIVAS, SRINAGAR COLONY, MAIN ROAD PUNJAGUTTA, HYDERABAD – 500 082, TELANGANA. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2799 MFA No. 203501 of 2024 2. THE MANAGER, NEW INDIA INSURANCE COMPANY LTD., GUNJ CIRCLE, RAICHUR POLICY NO.6103003119030007250. PERIOD : 13-02-2020 TO 12-02-2021. …RESPONDENTS (BY SRI MANVENDRA REDDY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 09.02.2024 PASSED BY THE MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL AT RAICHUR IN M.V.C.NO.437/2021, AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though appeal is listed for orders, with consent of learned counsel for parties, it is taken up for final disposal. 2. Challenging judgment and award dated 09.02.2024 passed by II-Additional District and Sessions Judge and Member, Motor Accident Claims Tribunal, Raichur, in MVC no.437/2021, this appeal is filed. - 3 - HC-KAR NC: 2025:KHC-K:2799 MFA No. 203501 of 2024 3. Sri Liyaqat Fareed Ustad, learned counsel for claimants/appellants submitted in an accident that occurred on 30.12.2020, one Mahantesh travelling on Hero Honda motorcycle bearing registration No.KA-36/ED-5651 died, as a result of accident, when driver of lorry bearing registration No.AP-39/U-1920 drove lorry in a rash and negligent manner and dashed against motorcycle. Due to untimely death, his parents lost dependency. Therefore, they filed claim petition under Section 166 of Motor Vehicles Act. 4. On service of notice, only insurer contested claim petition. Tribunal framed issues and recorded evidence, wherein claimant no.1 was examined as PW-1 and got marked documents as Exs.P-1 to P-12. Respondents did not lead oral evidence, but got marked insurance policy and driving licence extract as Exs.R-1 and R-2. 5. On consideration, Tribunal held that accident had occurred due to rash and negligent driving of insured vehicle by its driver and therefore, claimants were entitled for compensation. It assessed age of deceased as 20 years, monthly income as Rs.13,750/-, added 40% towards future - 4 - HC-KAR NC: 2025:KHC-K:2799 MFA No. 203501 of 2024 prospects and applied multiplier of 18 to arrive at compensation of Rs.20,79,000/- towards loss of dependency. It also awarded Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. In addition, Tribunal awarded Rs.40,000/- to each of claimants towards consortium. 6. Assailing said award and seeking for enhancement, claimants are in appeal. 7. Learned counsel for appellants submitted that Hon’ble Supreme Court in case of National Insurance Company Limited vs. Pranay Sethi and others1 had directed for addition of 10% every three years on award under conventional heads. Said decision was rendered on 31.10.2017. It was submitted that more than six years had lapsed since then. Therefore, claimants would be entitled for escalation on award towards conventional heads. 8. On other hand, Sri Manvendra Reddy, learned counsel for respondent-insurer opposed appeal. It was submitted that Tribunal had taken note of facts of case in 1 (2017) 16 Supreme Court Cases 680 - 5 - HC-KAR NC: 2025:KHC-K:2799 MFA No. 203501 of 2024 proper perspective and assessed compensation and there is no scope for enhancement. 9. Heard learned counsel and perused impugned judgment and award. 10. Since occurrence of accident, death of claimants’ son in said accident, liability of respondent to pay compensation are not in dispute and as claimants are seeking for enhancement, only point that would arise for consideration is, “Whether claimants are entitled for enhancement of compensation as sought for?” 11. Said point is answered partly in affirmative for following reasons. 12. Hon’ble Supreme Court in Pranay Sethi’s case (supra) has indeed provided for addition of 10% escalation to amount awarded under conventional heads i.e., compensation awarded towards funeral expenses, loss of estate and consortium. - 6 - HC-KAR NC: 2025:KHC-K:2799 MFA No. 203501 of 2024 13. In instant case, amount of Rs.1,10,000/- is awarded under said heads. Since more than six years have lapsed after rendering of decision in Pranay Sethi’s case (supra), 20% has to be added to said amount. Thus, claimants would be entitled to an additional amount of Rs.22,000/-. 14. Consequently, following: ORDER i. Appeal is allowed in part. ii. Claimants are held entitled for total compensation of Rs.22,11,000/- as against Rs.21,89,000/- awarded by Tribunal with interest at 6% per annum from date of claim petition till realization. iii. Respondent-insurer to deposit same before Tribunal within a period of six weeks. iv. On deposit, said amount shall be released to claimants. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 25 Ct;Vk