- 1 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6261 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2886 OF 2017 (MV-D) IN MFA No. 6261/2017 BETWEEN: 1. SUBHAS NAIK S/O SUKADYA NAIK, AGED ABOUT 51 YEARS 2. BABY BAI W/O SUBHAS NAIK, AGED ABOUT 42 YEARS 3. PRATHIMA D/O SUBHAS NAIK, AGED ABOUT 18 YEARS ALL ARE R/AT BASTHI GUDDI, GANDHI NAGAR, KOKKARNE, PEJAMANGUR VILLAGE, UDUPI TALUK AND DISTRICT-576101 …APPELLANTS (BY SRI. GANESHA R, ADVOCATE) AND: 1. BHASKAR KULAL S/O LATE KUSHTA KULAL, AGE MAJOR, R/AT NIDDADI, BIDKALKATTE, HARDALLI-MANDALLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576201 2. DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD., 2ND FLOOR, VISHNUPRAKASH BUILDING, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 UDUPI TALUK AND DISTRICT-576101 …RESPONDENTS (BY SMT HARINI SHIVANAND, ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.12.2016 PASSED IN MVC NO.406/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, UDUPI AND ADDITIONAL MACT, UDUPI. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. IN MFA NO. 2886/2017 BETWEEN: DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO LTD II FLOOR, VISHNUPRAKASH BUILDING, UDUPI TQ AND DISTRICT NOW REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI - 580020 ...APPELLANT (BY SMT . HARINI SHIVANANDA, ADVOCATE) AND: 1. SUBHAS NAIK AGED ABOUT 51 YEARS S/O SUKADYA NAIK 2. BABY BAI AGED ABOUT 42 YEARS W/O SUBHAS NAIK 3. PRATHIMA AGED ABOUT 18 YEARS D/O SUBHAS NAIK SINCE MINOR REP BY GUARDIAN FATHER SUBHAS NAIK ALL ARE R/A BASTHI GUDDI, GANDHINAGAR, KOKKARNE PEJAMANGUR VILLAGE - 3 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 UDUPI TQ AND DISTRICT – 576101 4. BHASKAR KULAL MAJOR S/O LATE KUSHTA KULALA R/A NIDDADI, BIDKALKATTE HARDALLI - MANDALI VILLAGE KUNDAPURA TALUK – 576228 ...RESPONDENTS (R1 TO R4 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.12.2016 PASSED IN MVC NO.406/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF Rs.11,82,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeals are filed calling in question the judgment and award dated 28.12.2016 passed in MVC.No.406/2015 by the Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge Udupi1. Hence, both the appeals are taken up together for consideration. 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 1 Hereinafter referred as to ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 3. The relevant facts in a nutshell leading to the present appeals are that one Sri Pradeep2 was riding his motorcycle on 06.09.2014 when a tipper lorry being driven by its driver in a rash and negligent manner, came and hit the motorcycle which the deceased was riding, causing the accident in question, wherein the deceased sustained various injuries and succumbed to the same. Claiming compensation for the death of the deceased his parents and sister instituted claim proceedings arraying the owner and insurer of the offending tipper lorry as respondents. The Tribunal partly allowed the claim petition and awarded total compensation of `11,82,000/- together the interest at 6% per annum. Being aggrieved, the insurer has preferred MFA.No.2886/2017 and the claimants have preferred MFA.No.6261/2017. 4. It is the contention of the insurer in the appeal preferred by it that the Tribunal has assessed the future prospects at 50% and hence, the same ought to be taken at 40%. 2 Hereinafter referred as to ‘deceased’ - 5 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 5. Per contra, learned counsel for the claimants has contended that the income assessed by the Tribunal is on the lower side and the compensation on other heads is also required to be enhanced. 6. The said contentions have been considered and the material on record including the records of the Tribunal have been perused. The question that arise for consideration is ‘whether the compensation awarded by the Tribunal is erroneous?’ 7. The deceased was aged 22 years as on date of accident. Hence, the Tribunal has applied the appropriate multiplier of ‘18’. It was stated that the deceased was an electrician. However, no documents have been produced to prove his income. The Tribunal has assessed the income of the deceased at `7,000/- per month. Having regard to the date of accident, it is justly proper that the notional income of the deceased be re-assessed as `8,500/-. 8. 40% of the income is required to be awarded towards future prospects in terms of judgment of the Hon’ble Supreme Court in the case of NATIONAL INSURANCE - 6 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 COMPANY LTD V/S PRANAY SETHI AND ORS3. 50% is required to be deducted towards personal expenses since the deceased was a bachelor. Hence, the loss of dependency is re- assessed as (`8,500 + 40% - 50% X 12 X 18)= `12,85,200/-. 9. Having regard to the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE COMPANY V/S NANU RAM ALIAS CHUBRU RAM AND ORS4, the compensation towards loss of consortium is required to be awarded to claimant Nos.1 and 2 at `40,000/- each together with 20% increment. Hence, the loss of consortium towards claimant Nos.1 and 2 is re-assessed as (`48,000/- X 2)= `96,000/-. 10. Compensation towards loss of estate and funeral expenses is required to be assessed at `15,000/- each together with increment at 20% and hence, sum of `18,000/- each is awarded on the said heads. 3 “(2017)16 SCC 680” 4 “(2018)18 SCC 130” - 7 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 11. In view of the aforementioned, the question framed for consideration is answered partly in the affirmative and the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Loss of dependency 1134000.00 1285200.00 2 Funeral expenses 15000.00 18000.00 3 Transport expenses 3000.00 00.00 4 Loss of estate 0.00 18000.00 5 Loss of love and affection/loss of consortium 20000.00 96000.00 6 Loss of expectancy of life 10000.00 00.00 Total 1182000.00 1417200.00 12. Accordingly, the claimant is entitled to enhanced compensation of (`14,17,200/- - `11,82,000/-) `2,35,200/-. 13. In view of the aforementioned, the following: ORDER i) Both the appeals are allowed in part; ii) The judgment and award dated 28.12.2016 passed in MVC No.406/2015 by the Additional Motor - 8 - HC-KAR NC: 2025:KHC:21332 MFA No. 6261 of 2017 C/W MFA No. 2886 of 2017 Accidents Claims Tribunal and Principal Senior Civil Judge Udupi, is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellants/claimant Nos.1 and 2 are entitled to an enhanced compensation of `2,35,200/- together with interest at 6% per annum from the date of the petition till its realization, in addition to the compensation awarded by the Tribunal; iv) The amount deposited by the appellants in MFA.No.2886/2017 together with the records shall be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal. Respondent No.2 – insurer shall deposit the balance compensation together with accrued interest within a period of six weeks from the date of receipt of a copy of this judgment; v) The Registry to draw the modified award accordingly; No costs. Sd/- (C.M. POONACHA) JUDGE PNV - List No.: 1 Sl No.: 79