- 1 - HC-KAR NC: 2025:KHC-K:3385 MFA No. 200658 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO. 200658 OF 2024 (MV-D) BETWEEN: 1. ASHOK S/O VEERABHADRAPPA KHANAPUR, AGE: 63 YEARS, OCC: NIL, 2. LILAVATI W/O ASHOK KHANAPUR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, BOTH ARE R/O: SHIRUR, TQ. & DIST: BAGALKOT, NOW RESIDING AT JAL NAGAR, VIJAYPAURA – 586 101. …APPELLANTS (BY SRI SANGANABASAVA B.PATIL, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT – 587 101. …RESPONDENT (BY SRI SHARANABASAPPA M. PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, AT: VIJAYAPUR IN MVC NO.319/2020 DATED 02.12.2022 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3385 MFA No. 200658 of 2024 GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANTS HEREIN IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though appeal is listed for admission, with consent of learned counsel for parties, it is taken-up for final disposal. 2. Appeal is filed against judgment and award dated 02.12.2022 passed by Principal Senior Civil Judge and MACT-V, Kalaburagi (for short 'tribunal') in MVC no.319/2020, this appeal is filed. 3. Sri Basavaraj R.Math, learned counsel for appellants submitted, appeal was filed by claimants for enhancement of compensation. It was submitted, at about 4:20 p.m. on 18.02.2020, Manjunath S/o Ashok Khanapur was riding motorcycle bearing no.KA-48/R-9005 towards Bagalkot, when driver of bus no.KA-42/F-1410 drove it in rash and negligent manner and dashed against motorcycle. In said accident, Manjunath died. Alleging loss of dependency, his parents filed - 3 - HC-KAR NC: 2025:KHC-K:3385 MFA No. 200658 of 2024 claim petition under Section 166 of Motor Vehicles Act against NWKRTC – owner of Bus. 4. On service of notice, respondent entered appearance and filed objections. Tribunal framed issues and recorded evidence. Claimant no.2 and another were examined as PWs.1 and 2 and got marked Exs.P1 to P.10. Driver of bus was examined as RW.1 and Exs.R.1 to R.4 got marked. 5. On consideration, tribunal held, death of Manjunath was on account of rash and negligent driving of bus by its driver and respondent was liable to pay compensation. Not satisfied with award, claimants were in appeal on sole ground that tribunal had failed to add future prospects to monthly income of deceased, granted meager compensation. Even award under other heads called for enhancement. 6. On other hand, Sri Sharanabasappa M.Patil, learned counsel for NWKRTC opposed appeal. It was submitted, Tribunal had rightly assessed compensation, leaving no scope for enhancement. - 4 - HC-KAR NC: 2025:KHC-K:3385 MFA No. 200658 of 2024 7. Heard learned counsel and perused impugned judgment and award and records. 8. From above and since only claimants are in appeal for enhancement, point that would arise for consideration is – “Whether claimants are entitled for enhancement of compensation as sought for?” 9. Same is answered partly in affirmative, for following reasons. 10. Perusal of impugned judgment and award reveals, tribunal determined that deceased was 37 years of age. And though he was claimed to be working in Chinmaya Gas Agency and earning `20,000/- per month, they failed to substantiate same. Therefore, it held his monthly income at `13,750/-. As per decision of Hon'ble Supreme Court in case of National Insurance Company Limited v. Pranay Sethi and Ors.1, tribunal ought to have added future prospects to monthly income. As deceased was aged 37 years and self employed, future prospects at ‘40%’ has to be added and as he was bachelor and claimants are his parents, deduction towards 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2025:KHC-K:3385 MFA No. 200658 of 2024 personal expenses will have to be at ‘50%’ and multiplier applicable would be '15'. Thus, computation of loss of dependency would be : [(`13,750 + 40%) - 50%] X 12 X 15 = `17,32,500/-. 11. It is also held in Pranay Sethi (supra) each of claimants would be entitled for `40,000/- towards loss of filial consortium. Apart from above, `15,000/- towards funeral expenses and `15,000/- towards loss of estate has to be awarded. 12. Since more than six years have lapsed after rendering of decision in Pranay Sethi (supra), they would be entitled for addition of 20% i.e., `22,000/- on award under conventional heads. Thus, total award would be `18,64,500/-. Point for consideration is answered partly in affirmative. Consequently, following : ORDER i) Appeal is allowed in part, judgment and award dated 02.12.2022 passed in MVC no.319/2020 by Court of Principal Senior Civil Judge and MACT-V, Vijayapura is modified, claimants are - 6 - HC-KAR NC: 2025:KHC-K:3385 MFA No. 200658 of 2024 held entitled for total compensation of `18,64,500/- as against `12,97,500/- awarded by Tribunal with interest at 6% per annum from date of claim petition till deposit. ii) Respondent is directed to deposit enhanced compensation within six weeks from date of receipt of certified copy of this judgment. iii) Direction issued by Tribunal regarding deposit and release shall be apply to enhanced compensation proportionately. Sri Sharanabasappa M.Patil, learned counsel is permitted to file Vakalath within four weeks. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 46 Ct:Vk