- 1 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO. 6060 OF 2024 (MV-D) BETWEEN: SRINIVAS REDDY K., S/O KRISHNA REDDY AGED ABOUT 24 YEARS R/O MACHENAHALLI SONAGANAHALLI POST HOSURU HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT EARLIER RESIDENT OF CHELUR GUBBI TALUK, TUMKUR DISTRICT. …APPELLANT (BY SRI. MANJUNATH NAYAK, ADVOCATE FOR SMT. MAMATA G. KULKARNI.,ADVOCATES) AND: 1. SMT. MANEES BABU @ MYNAS BANU W/O LATE MIRZA ABBAS AGED ABOUT 34 YEARS 2. MASTER MOHSIN RAZA S/O LATE MIRZA ABBAS AGED ABOUT 12 YEARS 3. KUMARI HEENA FATHIMA D/O LATE MIRZA ABBAS AGED ABOUT 11 YEARS RESPONDENTS 2 AND 3 ARE MINOR REP BY NATURAL GUARDIAN MOTHER RES NO.1 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 SMT MANEES BANU ALIAS MYNAS BANU R/O INDIRA COLONY HOLAVANAHALLI VILLAGE POST AND HOBLI KORTAGERE TALUK, TUMKUR DIST - 572 121. …RESPONDENTS (R1-SERVED, R2 & R3 ARE MINORS REPRESENTED BY R1; SMT. SUSHMITHA G., ADVOCATE APPOINTED AS COURT GUARDIAN FOR R2 AND R3(PH) THIS MFA FILED IS U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.05.2023 PASSED IN MVC NO. 83/2021 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, BENGALURU RURAL DISTRICT. AWARDING COMPENSATION OF RS. 29,57,736/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.G.S. KAMAL) This appeal under Section 173(1) of the Motor Vehicle Act, 1988 by the respondent-owner of the vehicle in M.V.C.No.83/2021 being aggrieved by the judgment and award dated 26.05.2023 passed on the file of IV Additional District and Sessions Judge, Doddaballapura, Bangalore Rural District. 2. Brief facts of the case leading upto filing of the present appeal are that on 22.02.2021 at about 7:30 P.M., deceased - 3 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 Mirza Abbas was travelling in a tractor trailer bearing registration number KA-044-0857 and KA-44-0858 with steel rods loaded thereon. When the tractor reached Allipura, the driver of the tractor trailer was driving the said vehicle in high speed and in completely negligent manner resulting in losing the control of the tractor, which fell into a ditch, due to which the said Mirza Abbas sustained grievous injuries and succumbed to the same on the spot. There upon a claim petition is filed under Section 166 of the Motor Vehicle Act, 1988 by the wife and two minor children of the deceased seeking compensation in a sum of Rs.35,00,000/- with interest at 12% on the premise, that the deceased was aged about 31 years working as a mason earning a sum of Rs.25,000/- per month and was contributing the entire sum for the welfare of the family, that the untimely death of the deceased has caused emotional and financial distress to the claimants. Hence, sought for compensation. 3. On service of summons, respondent appeared. However did not file any statement of objections. Claimant No.1 examined herself as PW.1 and exhibited 16 documents marked as Ex.P1 to Ex.P16. No evidence has been led on behalf of the - 4 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 respondent. The Tribunal on appreciation of evidence, came to the conclusion that the accident in question had occurred on account of rash and negligent driving of the driver of the offending tractor and consequently held that the claimants were entitled for a compensation of Rs.29,57,736/- with interest at 6% per annum. Being aggrieved by the same, the respondent is before this Court. 4. Learned counsel for the appellant reiterating the grounds urged in the memorandum of appeal submitted that the Tribunal erred in awarding the compensation which is exorbitant without providing an opportunity to the appellant to file statement of objections. He submits that the Tribunal has taken the notional income at Rs.15,250/- without any basis. He further contends that the award of compensation under the conventional heads is also exorbitant. Hence, seeks for allowing of the appeal. 5. Learned counsel for the claimant/respondents herein on the other hand submits that the Tribunal has taken the notional income of the deceased as per the Lok Adalt chart and has awarded the compensation under the conventional heads - 5 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 as per the judgments of Hon'ble Apex Court warranting no interference. 6. Heard both sides and perused the records. 7. Death of the deceased due to the accident in question is not in dispute. Only point requiring consideration is with regarding quantum of compensation. 8. The deceased was stated to have been earning Rs.25,000/- per month by doing mason work. However, no documentary evidence is produced. The Tribunal has taken the notional income at Rs.15,250/-. Since, there is no documentary evidence, notional income of the deceased has to be determined as per the chart prepared by the Karnataka State Legal Services Authority. The accident is of the year 2021, as such the notional income for the year 2021 is Rs.15,000/- per month. 9. As per the judgment of the Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others1 since the deceased was aged about 31 years, 40% of income is to be added towards future prospects. Thus, 1 AIR 2017 SC 5157 - 6 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 the total income of the deceased per annum would be (Rs.15,000 X 40% = Rs.6,000 + Rs.15,000 = Rs.21,000) Rs.21,000X12=2,52,000/-. 10. The deceased has left behind 3 dependents, as such 1/3rd of his income is required to be deducted towards personal and living expenses. Age of the deceased being 31 years, multiplier 16 is applied. Therefore, loss of dependency would be (Rs.2,52,000 X 2/3X16)= Rs.26,88,000/-. 11. In terms of the law laid down by the Apex Court in the case of Magma General Insurance Company Ltd., vs. Nanu Ram 2 and as clarified by the judgment in the case of United Insurance Company Ltd. vs. Satinder Kaur @ Satwinder Kaur and others3, the claimant No.1 being the wife is entitled for loss of spousal consortium of Rs.40,000/-, claimant Nos.2 and 3 being the children are entitled for parental consortium of Rs.40,000/- each. 12. In addition they are also entitled for revision of 10% on expiry of 3 years. (Rs.40,000X3=1,20,000/- +10%=1,32,000/-). 2 (2018) 18 SCC 130 3 AIR 2020 SC 3076 - 7 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 13. They are also entitled for compensation under the heads of loss of estate and funeral expenses in a sum of Rs.15,000/- each with a revision of 10% on the expiry of three years as well. (15,000+15000=30,000+10%=Rs.33,000/-). 13. Thus the claimants are entitled for total compensation in a sum of Rs.28,53,000/-, as against Rs.29,57,736/- as awarded by the Tribunal, as under: Sl.No. Head Amount 1. Towards loss of dependency Rs.26,88,000/- 2. Towards loss of consortium Rs.1,32,000/- 3 Towards loss of estate and funeral expenses Rs.33,000/- Total Rs.28,53,000/- 14. For the aforesaid reasons, the appeal deserves to be allowed in part. Hence, the following: ORDER (i) Appeal is partly allowed. (ii) Impugned award is modified as follows: (iii) The claimants are entitled to compensation of Rs.28,53,000/- with interest thereon at 6% p.a. from the date of petition till realisation. Respondent shall deposit the said amount before the Tribunal on adjusting the amount already - 8 - NC: 2025:KHC:13833-DB MFA No. 6060 of 2024 deposited if any within four weeks from the date of receipt of certified copy of this order. (iv) In the award amount claimants 1 to 3 are entitled to their shares in the ratio of 50:25:25 respectively. The shares of claimant Nos.2 and 3 shall be invested in Fixed Deposit in their names till they attain majority in any Nationalized/Scheduled Bank of choice of their guardian and with liberty to her to draw periodical interest thereon. (v) Out of the share of claimant No.1, 50% shall be digitally released to her on proper identification and 50% to be deposited in any Nationalized Bank/Scheduled Bank of her choice. Amount in deposit and trial court records shall be remitted back to the Tribunal forthwith. Court places on record appreciation for the services rendered by the Court Guardian Ms.Susmitha G., Advocate. SD/- (K.S.MUDAGAL) JUDGE SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 38