- 1 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101281 OF 2024 (MV-D) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, P.B. ROAD, HAVERI DIST: HAVERI, REP. BY DULY CONSTITUTED AUTHORITY, CHIEF LAW OFFICER, NWKRTC CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. … APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: 1. SHRI. PAKKIRAPPA ALADAGERI @ FAKKIRAPPA RAMAPPA ALADAGERI, AGE: 35 YEARS, OCC: COOLIE, R/O: SUBHASH NAGAR, BYADGI, TQ: BYADGI, DIST: HAVERI, PIN-581 110. 2. SMT. GEETA ALADAGERI W/O FAKKIRAPPA ALADAGERI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: SUBHASH NAGAR, BYADGI, TQ: BYADGI, DIST: HAVERI PIN-581 110. 3. AKASH ALADAGERI S/O FAKKIRAPPA ALADAGERI, AGE: 11 YEARS, OCC: STUDENT, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 R/O: SUBHASH NAGAR, BYADGI, TQ: BYADGI, DIST: HAVERI. 4. MANGALABAI W/O RAJUNAIK, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: BEGUR, DODDATANDA, TQ: SHIKARIPUR, DIST: SHIVAMOGGA, PIN-581 110. 5. MAMATA W/O JAYAPPA KANAKERI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: SHIRALAKOPPA, TQ: SHIKARIPUR, DIST: SHIVAMOGGA, PIN-581 110. 6. THE CONTROLLER, NWRTC, RANEBENNUR BUS STAND, RANEBENNUR, DIST: HAVERI, PIN-581 110. … RESPONDENTS (BY SRI. ANJANEYA M., ADVOCATE FOR R1 TO R5; R3 IS MINOR REPRESENTED BY R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.09.2023 PASSED IN MVC NO.278/2021 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, BY ALLOWING THIS APPEAL WITH COST. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This Miscellaneous First Appeal is filed by the Corporation challenging the judgment and award dated 30.09.2023 passed in MVC No.278/2021 on the file of III Additional Senior Civil Judge and MACT, Ranebennur, seeking reduction of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident and death of the deceased Smt.Malligemma wife of Ramappa (for short, ‘the deceased’) are not in dispute in this case. 4. In this case, the Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency. 11,80,575/- 2. Towards funeral and transportation expenses. 16,500/- 3. Towards loss of consortium. 44,000/- 4. Towards loss to estate. 16,500/- Total: 12,57,575/- - 4 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 5. Due to death of the deceased, who was aged 60 years at the time of accident, her son, daughter-in-law, grandchildren and married daughters have filed the claim petition seeking compensation. 6. The Tribunal has awarded compensation by deducting 1/4th income towards personal expenses, which found to be incorrect. Since the claimant No.1 is the only son, who was major, cannot be strictly construed as depending on the deceased. Others are daughter-in-law, grand children and married daughters of the deceased. Therefore, 50% of the income is to be deducted towards personal and living expenses. 7. The accident is caused on 23.12.2019. Hence, in the absence of proof of income, notional income is to be taken at Rs.13,250/- for the year 2019, as recognized by the Karnataka State Legal Services Authority. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases - 5 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 680, considering the age of the deceased, 10% of the income is to be added towards loss of future prospects in life. Considering the age of the deceased, the appropriate applicable multiplier is 9. Therefore loss of dependency is re-assessed and quantified at Rs.7,87,050/- (Rs.13,250 minus 50% + 10% x 12 x 9). 8. In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra), the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are three dependents who are son and two daughters. Accordingly, Rs.1,32,000/- (Rs.40,000 x 3 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. 9. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. - 6 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 10. Thus, the claimants would be entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 7,87,050/- 2. Towards loss of consortium (40,000 x 3 +10%) 1,32,000/- 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000/- Total: 9,52,050/- 11. Therefore, the claimants are entitled for total compensation of Rs.9,52,050/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.12,57,575/- awarded by the Tribunal. 12. The Tribunal has awarded interest on the compensation at 9% per annum, which is on the higher side. Considering the rate of interest awarding on the fixed - 7 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 deposits, this Court is awarding interest at the rate of 6% per annum. 13. The Corporation is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 14. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 30.09.2023 passed in MVC No.278/2021 on the file of III Additional Senior Civil Judge and MACT, Ranebennur, stands modified. iii) The claimants are entitled for total compensation of Rs.9,52,050/- along with interest at the rate of 6% p.a., from the date of petition till its realization, as against the compensation of Rs.12,57,575/- awarded by the Tribunal. - 8 - HC-KAR NC: 2025:KHC-D:8843 MFA No. 101281 of 2024 iv) The Corporation shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) The order with regard to apportionment of compensation, deposit and release of amount would be as per order of Tribunal. v) The amount in deposit made by the appellant shall be transmitted to the Tribunal. If there is any excess amount deposited, the same shall be refunded to the appellant. vi) Send a copy of this judgment and award along with TCR to the Tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 10