- 1 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6790 OF 2024(MV-D) BETWEEN: 1. SMT. BANJAKKA, W/O. LATE YARRISWAMY, AGED ABOUT 45 YEARS 2. SMT. BAPANNAGARI SUNITHA, W/O. BAPANNAGARI DHANANJAYAM, AGED ABOUT 28 YEARS BOTH ARE R/O. HANUMANTHANAHALLY VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577501. …APPELLANTS (BY SRI. B. PRAMOD, ADVOCATE) AND: 1. BAYANNA M. R. S/O. DODDA SOORAIAH MAJOR, OWNER OF TRACTOR - TRAILER, BEARING REG. NO. KA-16-TC-2635-2636, R/O. BOMMAGONDANAKERE, MOLAKALMURU TALUK - 577 535. CHITRADURGA DISTRICT. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 2. THE DIVISIONAL MANAGER SBI GENERAL INSURANCE CO. LTD., 1ST FLOOR, RUKMINI TOWER, PLATFORM ROAD, NEAR MANTRIMAHAL, BENGALURU - 560 020. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R2; R1- NOTICE DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2023 PASSED IN MVC NO.1212/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 ORAL JUDGMENT Heard Sri.B.Pramod, learned counsel for the appellants as well as Sri.P.S.Jagadish, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal-III, Chitradurga in MVC No.1212/2022 dated 30.12.2023. This is a claimants' appeal. 3. The wife and the daughter of the deceased Yarriswamy who died in the road traffic accident that occurred on 18.11.2022 filed a petition claiming compensation of Rs.30,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.16,70,000/- as compensation. Projecting that the said sum is on lower side, the present appeal is filed. 4. Arguing the matter, learned counsel for the appellants contends that the Tribunal erred in taking the notional income of the deceased Yarriswamy in a proper way and aggrieved by the same, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 5. Learned counsel submits that the deceased Yarriswamy by doing agriculture and by selling livestock was earning Rs.30,000/- p.m. However, the Tribunal took the notional income of the deceased as Rs.12,000/- p.m only. Learned counsel states that the accident occurred in the year 2022 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.15,500/- p.m. for settlement of claims and atleast the said figure should have been considered by the Tribunal. Learned counsel submits that the appellants have no grievance in respect of adding 25% of the earnings towards future prospects, deducting 1/3rd of the earnings towards personal and living expenses and applying the multiplier 13. 6. Sri.P.S.Jagadish, learned counsel for respondent No.2 submits that the amount awarded by the Tribunal is valid in all aspects. 7. Admittedly, there is no evidence on record in respect of the actual occupation and earnings of the deceased Yarriswamy as on the date of accident. However, considering the fact that the deceased Yarriswamy lost his life at a age of - 5 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 46 years which is a right age to earn and to look after the family, this Court is of the view that as sought by learned counsel for the appellants, the notional income of the deceased Yarriswamy is required to be taken as Rs.15,500/- p.m. Having taken the notional income of the deceased as Rs.15,500/- p.m., adding 25% of the said earnings towards future prospects as per the decision of the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680, deducting 1/3rd of the said earnings towards personal and living expenses which the deceased Yarriswamy would have incurred for himself had he been alive and applying appropriate multiplier '13' as per the decision of the Hon'ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104, the deceased Yarriswamy being aged about 46 years by the date of accident, the compensation which the appellants are entitled to under the head loss of dependency is as under: Notional monthly income Rs.15,500/- Annual income Rs.1,86,000/- - 6 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 On adding 25% towards future prospects Rs.2,32,500/- On deducting 1/3rd towards personal and living expenses Rs.1,55,000/- Loss of dependency on applying appropriate multiplier '13' Rs.20,15,000/- 8. The Tribunal has awarded as sum of Rs.15,60,000/- only under the head loss of dependency. Thus the sum which the appellants are entitled to in addition to the sum that is awarded by the Tribunal under the head 'loss of dependency' is Rs.4,55,000/- (Rs.20,15,000-Rs.15,60,000). 9. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal-III, Chitradurga through orders in MVC No.1212/2022 dated 30.12.2023 is enhanced by Rs.4,55,000/-. - 7 - HC-KAR NC: 2025:KHC:34828 MFA No. 6790 of 2024 (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order. (v) The apportionment made by the Tribunal applies to the enhanced sum as well. (vi) On deposit, appellant Nos.1 and 2 are permitted to withdraw their respective shares. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 85