- 1 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7355 OF 2015 (MV-D) BETWEEN: 1. N.D MAHESH W/O LATE DYAVAPPA GOWDA, AGED ABOUT 43 YEARS, 2. K B KAVITHA W/O N D MAHESH, AGED ABOUT 40 YEARS, BOTH ARE R/O NIDANOOR VILLAGE, ABBANA POST, PALYA HOBLI, ALUR TALUK-573213 PRESENT ADDRESS:- CHAMPAKANAGAR EXTENSION, SHAKALESHPUR TOWN-573134 …APPELLANTS (BY SRI. CHETHAN B., ADVOCATE) AND: 1. B.P VINAYAKA S/O LATE B B PALAKSHA, COFFEE PLANTER BALLUPETE, SAKALESHPUR TALUK-573134. 2. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, S S COMPLEX, SUBHASH CHOWK, HASSAN-573201 …RESPONDENTS (BY SRI. K N SRINIVASA, ADV. FOR R2, V/O DATED: 21.06.2019 NOTICE TO R1 D/W.) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 7.2.2014 PASSED IN MVC NO.875/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND MACT, J.M.F.C, SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the award dated 07.02.2014 passed in MVC No.875/2013 by the Senior Civil Judge and Motor Accident Claims Tribunal, Sakaleshpur [for short 'Tribunal']. 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 3. One Manoj aged 18 years and was studying in II PUC riding his motor bike bearing registration No.KA- 04-EK-2493 towards sakaleshpur from his village of Ballupete Prajwal Service Centre, the driver of Mahindra Pickup bearing No.KA-46-345 droves the same in a rash and negligent manner and dashed to the motor bike of - 3 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 petitioner due to which the petitioner sustained grievous head injury and succumbed to injuries on 05.03.2013. The petitioners being the parents of deceased Manoj have filed this petition claiming compensation of Rs.10,00,000/-. 4. The Tribunal considered the entire evidence on record and granted compensation of Rs.4,73,490/- with interest at 6% p.a. from the date of petition till realization. Aggrieved by the said order, the present appeal is preferred in which it is contended that the Tribunal has not properly considered the income of the deceased and amounts granted by the Tribunal under the head 'loss of dependency' is on the lower side. Further, the amounts granted by the Tribunal under the heads conventional heads, funeral expenses, loss of consortium, loss of estate and loss of love and affection are also on the lower side. Therefore, request for enhancement of compensation. 5. Heard the arguments on both sides and perused the records. - 4 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 6. Though it is stated that the petitioner was not working and was aged 18 years studying in PUC, his notional income has to be taken as Rs.8,000/- p.m. as per the guidelines issued by the Karnataka State Legal Services Authority for the accident of the year 2013 and the deceased is also entitled for future prospects as per the dictum of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1 and 40% has to be added towards future prospects. (i.e. Rs.8,000+40/100= Rs.11,200/-) 7. As per the guidelines of the Hon’ble Apex Court in dictum of Sarla Verma Vs. Delhi Transport Corporation2, the deceased was unmarried, 50% of his income has to be deducted as there are two dependents towards his personal expenses. Thus, the income of the deceased after deducting personal expenses comes to Rs.5,600/- per month. As the deceased was aged 18 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 - 5 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 years, the multiplier of '18' is to be taken and the 'loss of dependency' is quantified as follows: 5,600x12x18= Rs.12,09,600/- 8. The petitioners being the parents of the deceased are entitled for Rs.40,000/- each towards filial consortium (Rs.40,000x2= Rs.80,000/-) as per the dictum of Hon'ble Apex Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, and also they are entitled for Rs.30,000/- towards conventional heads as per the dictum of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi totaling to an amount of Rs.1,10,000/-. Hence, the total compensation comes to: 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 Sl. No. Heads Amount in Rs. 1 Loss of dependency 12,09,600/- - 6 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 Thus, the petitioners are entitled equally for total compensation of Rs.13,19,600/- along with interest at the rate of 6% p.a. from the date of deposit till its realization. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.02.2014 passed in MVC No.875/2013 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal, Sakaleshpur, is hereby modified; iii. The petitioners are entitled equally to a sum of Rs.13,19,600/- along with interest at 6% p.a., within 1 month from the date of deposit, instead of Rs.4,73,490/- granted by the tribunal. Further, the petitioners are not entitled for interest for the delay period of *503 days. iv. Respondent No.2 is directed to deposit Rs.13,19,600/- with interest at the rate of 6% interest p.a., within one month from the date of this order. 2. Loss of consortium 80,000/- 3. Conventional heads 30,000/- TOTAL 13,19,600/- *Corrected vide chamber order dated 06.02.2026. - 7 - HC-KAR NC: 2025:KHC:37262 MFA No. 7355 of 2015 v. On such deposit, petitioners are permitted to withdraw the entire amount along with interest accrued equally. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 41