- 1 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 723 OF 2017 (MV-D) BETWEEN: 1. MRS. CHAKILA BIBI, W/O LATE MIA AJIDUL @ AJIDUL, AGE:37 YEARS, OCC:HOUSE WIFE, 2. MR SAHIDAR HUSSAIN, S/O LATE MIA AJIDUL @ AJIDUL, AGE:22 YEARS, OCC:STUDENT, 3. MASTER SAHIDUR HUSSAIN, S/O LATE MIA AJIDUL @ AJIDUL, AGE:18 YEARS, OCC:STUDENT, 4. MASTER SAHENUR, S/O LATE MIA AJIDUL @ AJIDUL AGE:12 YEARS OCC:STUDENT SINCE MINOR REPRESENTED BY HIS MOTHER NATURAL GAURDIAN SMT. CHAKILA BABI, ALL ARE R/AT DEOYANHAT MOYAMARI (PART) DEOYANHAT, COOCHBEHAR, WEST BENGAL, BENGALURU-37. APPELLANTS (BY SRI. SURESH M LATUR.,ADVOCATE) AND: 1. MR SYED ASIF, S/O SYED AMEER, R/O NO.89, 2ND CROSS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 ROSHAN NAGAR, MYSORE ROAD BENGALURU -560 026. 2. THE MANAGER, UNITED INDIA INS CO.LTD, REGIONALOFFICE, 5TH AND 6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD HUDSON CIRCLE, BENGALURU-560 002. RESPONDENTS (BY SRI. L SREEKANTA RAO FOR R2.,ADVOCATE; V/O DTD 04.02.207 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED01.04.2016 PASSED IN MVC NO.4479/2014 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, & XXXIV ACMM, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE,(SCCH-7) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimants under Section 173(1) of the Motor Vehicle Act, 19881 challenging the judgment and award dated 01.04.2016 passed in 1 Hereinafter referred as to ‘Act’ - 3 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 MVC.No.4479/2014 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7)2 seeking for enhancement of compensation. 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 3. The Tribunal vide its judgment and award dated 01.04.2016 has partly allowed the claim petition and awarded a total compensation of `13,61,631/- together with interest at 8% per annum. Being aggrieved, the present appeal is filed seeking for enhancement of compensation. 4. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to the adequacy of the quantum of compensation awarded. 5. It is forthcoming that the claimant was aged 41 years as on date of the accident i.e., on 19.05.2014. The Tribunal has applied a appropriate multiplier of ‘14’. 2 Hereinafter referred as to ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 6. It was stated that the deceased was a loader and unloadar. However, no documents have been produced to prove his income. The Tribunal has assessed the income at `8,000/- per month. Having regard to the date of accident it is just and proper that the notional income of the deceased be re-assessed as `8,500/- per month. 25% is required to be added towards future prospects in terms of the judgment of the Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LTD V/S PRANAY SETHI AND ORS3. The claimants are wife and three sons of the deceased. The dependents being four in number 1/4th is required to be deducted towards personal expenses. Hence, loss of dependency is re-assessed as (`8,500/- + 25% - 1/4 X 12 X 14)= `13,38,792/- as against `11,64,801/- awarded by the Tribunal. 7. Loss of consortium is required to be awarded in terms of the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY V/S 3 “(2017)16 SCC 680” - 5 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 NANU RAM ALIAS CHUBRU RAM AND ORS4 at `40,000/- each to the claimants together with escalation at 20%. Hence, loss of consortium is re-assessed as (48000 X 4) = `1,92,000/- as against `1,00,000/- awarded by the Tribunal. 8. The funeral expenses and loss of estate is required to be awarded at `15,000/- each together with escalation at 20%. Hence, compensation of `18,000/- each is awarded towards the same as against `25,000/- and `40,000/- awarded by the Tribunal respectively. 9. The compensation awarded is by the Tribunal towards loss of love and affection and expenses for transportation of body are set aside. 10. Taking judicial notice of the rate of interest awarded towards fixed deposits, interest on the enhanced compensation is awarded as 7% pa. 11. In view of the aforementioned, the compensation re-assessed is as follows: 4 “(2018)18 SCC 130” - 6 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Loss of dependency 1164801.00 1338792.00 2 Loss of consortium 100000.00 192000.00 3 Funeral expenses 25000.00 18000.00 4 Loss of love and affection 25000.00 00.00 5 Expenses of transportation of dead body 6830.00 00.00 6 Loss of estate 40000.00 18000.00 Total 1361631.00 1566792.00 12. Accordingly, the Claimant is entitled to an enhanced compensation of (`15,66,792/- - `13,61,631/-)= `2,05,161/-. 13. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 01.04.2016 passed in MVC.No.4479/2014 by the IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7), is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; - 7 - HC-KAR NC: 2025:KHC:23542 MFA No. 723 of 2017 iii) The appellants/claimants are entitled to an enhanced compensation of `2,05,161/- together with interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer is shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. SD/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 23