- 1 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2353 OF 2016 (MV- D) BETWEEN: 1. DEVEERAMMA, W/O LATE MANJANNA @ MANJAPPA, AGED ABOUT 46 YEARS. 2. RESHMA, D/O LATE MANJANNA @ MANJAPPA, AGED ABOUT 27 YEARS. 3. RAMYA, D/O LATE MANJANNA @ MANJAPPA, AGED ABOUT 25 YEARS. 4. HEMANTH KUMAR, S/O LATE MANJANNA @ MANJAPPA, AGED ABOUT 23 YEARS. APPELLANTS NO.1 AND 2 ARE RESIDENT OF : MALAPPANAHATTY, CHITRADURGA TALUK AND DISTRICT-577 520. APPELLANTS NO.3 AND 4 ARE RESIDENT OF : SONDEKERE VILLAGE, HIRIYUR TALUK, CHITRDURGA DISTRICT - 577 520. …APPELLANTS (BY SRI. B PRAMOD., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 AND: 1. SUBASH NAYAK, THE EXECUTIVE DIRECTOR SGMT CO., SRI.GAJANNA MOTOR TRANSPORT CO LTD., HEAD OFFICE, BH ROAD, SAGARA, SHIMOGA DISTRICT-577401, OWNER OF BUS BEARING REG KA-15/3028. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, NEAR DRM HOSPITAL BUILDING, HOLALKERE ROAD, CHITRADURGA TOWN-577 501. …RESPONDENTS (BY SRI. RAVISH BENNI ., 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 23.12.2015 PASSED IN MVC NO.246/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIIVL JUDGE, ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 ORAL JUDGMENT This appeal is filed by the claimants against the judgment and award dated 23.12.2015 passed by the II Addl. Senior Civil Judge and Addl. MACT-V, Chitradurga (hereinafter referred to as ‘the Tribunal’ for short) in M.V.C.No.246/2015. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. The brief facts of the case are that, on 18.04.2015, at about 2.05 p.m., the deceased met with an accident due to rash and negligent driving of the bus bearing Reg.No.KA- 15/3028 by its driver. As a result, the deceased Manjanna @ Manjappa sustained grievous injuries and succumbed to the injuries at the sport. 4. The deceased was aged about 53 years and he was Ex-Service man and drawing a pension of Rs.12,000/- p.m and in addition to that, he was also owning an agriculture land and earning Rs.5,00,000/- p.a. The claimants were dependent upon - 4 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 the earnings of the deceased. With these reasons, they prayed to award compensation of Rs.50,00,000/-. 5. Respondent No.2 - Insurer denied the contends of the claim petition and denied its liability to pay the compensation and prayed to dismiss the claim petition. 6. The Tribunal had framed necessary issues and recorded the evidence of both the parties. 7. Facts of the accident and amount of compensation awarded to the Tribunal are not disputed by the Insurer. Therefore, there is no need to reconsider the same. 8. The only ground urged by the appellant - claimant in this case is that deceased was drawing pension of Rs.12,000/- p.m. He has produced the service records which is noted by the Tribunal in the impugned judgment at Para No.13. The tribunal also noted that as per the Ex.P14, the deceased Manjappa had agricultural land and he was personally cultivating it and earning more than Rs.5,00,000/- p.a. Although these facts were noted, the Tribunal erroneously - 5 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 assessed the deceased's income at Rs. 10,000/- per month. This appeal is filed solely on this short question. 9. Undisputedly, deceased Manjappa was an Ex- Service man and drawing a pension of Rs.12,000/- p.m. Date of birth of the deceased is 01.06.1962, the Tribunal assessed the age of the deceased as 52 years. Apart from the pension, he was also an agriculturist having 04 acres 09 guntas of the land. Since, he was an Ex-Service man, .he must have engaged in full time agricultural work and was likely earning a substantial income from it. There are no materials on record as rightly observed by the Tribunal, to prove his agricultural income. To substitute his service in agriculture land, his family members must have engaged employees and paid them salaries.. This constitutes a loss to the estate of the deceased. Considering these facts, the income of the deceased assessed by the Tribunal is on the lower side. It ought to have taken the income as Rs.15,000/- p.m. 10. The learned counsel for the appellant submitted that having survived, he would get more amount of pension as and when the Central Government increases the pay package - 6 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 of the Ex-Service man. The said income has been lost by the family. The said contention is acceptable. Therefore, 10% of his income has to be added towards future prospects. Undisputedly, multiplier applicable to this case is '11'. The Tribunal has deducted 1/4th of his income towards personal expenses. On the basis of the said calculations, the claimants are entitled for the compensation under the loss of dependency Rs.15,000 + 10% x 12 x 11 x 3/4th = Rs.16,33,500/- as against Rs.9,90,000/- awarded by the Tribunal. The claimants are entitled to enhancement of Rs.6,43,500/-. 11. Learned counsel for the Insurer vehemently contended that the amount of compensation awarded under other heads are on the higher side which needs to be recalculated. It is pertinent to note that Insurer has not preferred any appeal against the said judgment and the said amount of compensation awarded under other heads are not exorbitant. Therefore, there is no need to reconsider the same. For aforesaid discussions, I proceed to pass the following order:- - 7 - HC-KAR NC: 2025:KHC:28597 MFA No. 2353 of 2016 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 23.12.2015 passed in M.V.C. No.246/2015 by the Court of the II Addl. Senior Civil Judge and Addl. MACT- V, Chitradurga is modified; (a) Claimants are entitled to enhancement of Rs.6,43,500/- with interest at the rate of 6% p.a. from the date of claim petition till its realization. iii. Respondent No.2 is directed to deposit the said amount within a period of six weeks from the date of award. iv. Send back TCR along with a copy of judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE SHS List No.: 1 Sl No.: 14