- 1 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.2141 OF 2019 (MV-D) BETWEEN: 1. RAVI S/O. MAYAMMA AGED ABOUT 55 YEARS. 2. SUSHEELA W/O. RAVI AGED ABOUT 48 YEARS. 3. PRATHAP S/O. RAVI AGED ABOUT 23 YEARS. 4. RAJESH R. S/O. RAVI AGED ABOUT 20 YEARS. ALL ARE RESIDENT OF YARAHALLI KAVAL VILLAGE KASABA HOBLI, HUNSUR TALUK MYSURU DISTRICT-571 105. …APPELLANTS (BY SRI MANJESH H.M., ADVOCATE) AND: 1. RAVIGOWDA S/O. MARIGOWDA AGED ABOUT 38 YEARS RESIDENT OF D.NO.50/1 KAMAGOWDANAHALLI VILLAGE HUNSUR TALUK (DRIVER OF K.S.R.T.C BUS). Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 2. DIVISIONAL MANAGER K.S.R.T.C., H.D. KOTE DEPOT H.D. KOTE TALUK MYSURU DISTRICT-571 114. …RESPONDENTS (BY SRI HAREESH BHANDRAY T., ADVOCATE, FOR R-2, AND R-1 IS SERVED AND UNREPRESENTED) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND AWARD DATED 18-8-2018, PASSED IN M.V.C. NO.918 OF 2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AND M.A.C.T., H.D. KOTE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) This appeal is filed by the claimants being aggrieved by the judgment and award dated 18-8-2018 passed in M.V.C. No.918 of 2016 on the files of the Senior Civil Judge and Judicial Magistrate First Class and Motor Accidents Claims Tribunal, H.D. Kote, whereby, the Tribunal awarded a sum of Rs.8,18,656/- as compensation with interest at the rate of 6% per annum from the date of petition till realisation. - 3 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 2. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 3. Brief facts of the case are that on 20-6-2016 at about 11:00 a.m., Sri Shivakumar (hereinafter referred to as 'deceased') was proceeding on his motorcycle, bearing Registration No.KA-01 EM-9899, along with a pillion rider on the left side of the road from H.D. Kote Town towards Handpost on Hunsur-Bengaluru, the driver of K.S.R.T.C. bus, bearing Registration No.KA-09 F-3941, drove it in a rash and negligent manner and dashed against the motorcycle of the deceased. Due to the impact, the deceased sustained grievous injuries and he succumbed to injuries on 23-6-2016. Due to his death, father, mother and younger brothers of the deceased lost their dependency and hence, claimed compensation under various heads. 4. Heard Sri Manjesh H.M., learned counsel for the appellants-claimants, and Sri Hareesh Bhandary T., learned counsel for respondent No.2-Insurance Company, and perused the judgment and award of the Tribunal. - 4 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 5. Learned counsel for the appellants-claimants has contended that the deceased was working as a Loader and earning Rs.2,000/- per day, but the Tribunal notionally considered monthly income at Rs.6,000/-, which is meager one. Further, the Tribunal has not added future prospects at 40%. Hence, he prays to enhance the compensation. 6. Per contra, the learned counsel for respondent No.2- Insurance Company, supports the impugned judgment and award of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded just and reasonable compensation under each heads, which does not call for interference at the hands of this Court. Thus, he prays to dismiss the appeal. 7. As there is no dispute regarding the death of the deceased in a road traffic accident occurred on 20-6-2016 due to rash and negligent driving of the K.S.R.T.C. bus, bearing Registration No.KA-09 F-3941, by its driver and liability of the insurer of the offending vehicle, the only point that arises for our consideration in this appeal is: - 5 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 “Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?” 8. After hearing both the learned counsel and perusal of the impugned judgment and award of the Tribunal, we are of the view that the compensation awarded by the Tribunal is on lower side. The Tribunal has taken the income of the deceased at Rs.6,000/- per month without any proof. No documentary evidence is placed on record with regard to income of the deceased. In the absence of any proof of income, taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the deceased at Rs.9,500/- per month. 9. As per the dictum of the Hon’ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680, 40% of the income must be added towards future prospects, which comes to Rs.3,800/- (9,500 X 40%) and the total income comes to Rs.13,300/- per month (9,500 + 3,800). The claimants, i.e. father, mother and two younger brothers of the - 6 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 deceased, are the dependents of the deceased and the deceased was a bachelor. Therefore, 50% of the income shall be deducted towards the personal expenses of the deceased and it works out to Rs.6,650/- per month (13,300 X 50%). The deceased was aged 24 years as on the date of the accident. Hence, the applicable multiplier would be ‘18’ and it works out to Rs.14,36,400/- (6,650 X 12 X 18). This would be the ‘loss of dependency’ as against Rs.6,48,000/- awarded by the Tribunal. 10. In the case of Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram and Others reported in (2018) 18 SCC 130, the Hon’ble Apex Court by referring to the decision of the Constitution Bench in Pranay Sethi's case, stated supra, has discussed about granting the compensation under the head of ‘loss of consortium’ and has also issued guidelines for grant of ‘spousal consortium’, ‘parental consortium’ and ‘filial consortium’. The claimants are father, mother and two younger brothers of the deceased. In view of the ratio laid down by the Hon’ble Apex Court in the aforesaid decision, the claimants are entitled to compensation of Rs.1,60,000/- (Rs.40,000/- each) towards ‘loss of consortium’ - 7 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 as against Rs.1,00,000/- awarded by the Tribunal towards 'love and affection'. 11. Further, Rs.40,656/- towards 'medical expenses, Rs.15,000/- towards 'funeral expenses' and Rs.15,000/- towards 'loss of estate' awarded by the Tribunal are maintained. 12. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 14,36,400.00 Loss of consortium 1,60,000.00 Medical expenses 40,656.00 Loss of estate 15,000.00 Funeral expenses 15,000.00 TOTAL *16,67,056.00 Less: Compensation awarded by the Tribunal 8,18,656.00 ENHANCED COMPENSATION 8,48,400.00 13. In the result, we pass the following O R D E R i. The appeal is allowed-in-part. *Corrected vide chambers order dated 24-10-2025. - 8 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The appellants/claimants are entitled for a total compensation of *Rs.16,67,056/- as against **Rs.8,18,656/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.8,48,400/- from the date of filing of the claim petition till the date of its realisation. iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount together with interest within a period of six weeks' from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement, and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. v. The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. vi. Draw a modified award accordingly. vii. No order as to costs. *Corrected vide chambers order dated 24-10-2025 **and 12-12-2025. - 9 - HC-KAR NC: 2025:KHC:34429-DB MFA No. 2141 of 2019 Registry is directed to send a copy of this judgment to the Tribunal, forthwith. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 27