- 1 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8178 OF 2023 (MV-D) BETWEEN: 1. MALATHI W/O LATE SUNIL AGED ABOUT 25 YEARS 2. MANVITH D/O LATE SUNIL AGED ABOUT 5 YEARS SINCE MINOR REP BY APPELLANT NO. 1 MOTHER AS GUARDIAN BOTH ARE R/AT GALIPOOJE VILLAGE NEAR MALLENAHALLI JAGARA HOBLI CHIKKAMAGALURU DISTRICT PRESENTLY R/AT NO.760 19TH CROSS, KUVEMPUNAGARA HASSAN 573201 3. SMT GOWRAMMA W/O KARIYAIAH AGED ABOUT 56 YEARS RESIDENT OF GORURU VILLAGE ANDALE POST BELUR TALUK HASSAN DISTRICT 573201 …APPELLANTS (BY SMT. SANDHYA D, ADVOCATE) AND: 1. MAHAMADSHADAB B S S/O SHAKILAHAMAD AGED MAJOR Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 R/O KANNIKAPARAMESHWARI STREET BELURU TALUK HASSAN DISTRICT 573201 (OWNER OF THE CRANE BEARING NO. KA -15-M-4228) 2. THE MANAGER UNITED INDIA INSURANCE CO LTD CRESENT TOUR, 1ST FLOOR K M ROAD CHIKKAMAGALURU TOWN REP BY THE MANAGER UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE GANDHIBAZAR HASSAN 573201 (POLICY NO 2414003121P112053927 DATED 21-02-2022 TP 20-02-2023 …RESPONDENTS (BY SRI. S V HEGDE MULKHAND, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH D/O DTD 08.08.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.05.2023 PASSED IN MVC NO.598/2022 ON THE FILE OF THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimants challenging the judgment and award dated 30.05.2023 passed in MVC - 3 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 No.598/2022 by the II Additional Senior Civil Judge and JMFC., Hassan1 seeking for enhancement of compensation. 2. Parties are referred to as per their ranks before the Tribunal for the sake of convenience. 3. The factual matrix in a nutshell is that one Sunil2 was moving with his vegetable cart on 06.03.2022 in front of Chethan Nursing Home, Chikkamagalur Town when the driver of a Crane bearing registration No.KA-15-M-4228 drove the said vehicle in a rash and negligent manner and hit the deceased causing the accident in question, wherein, he suffered grievous injuries and died in the hospital. Claiming compensation for the death of the deceased, the wife and daughter of the deceased filed the claim proceedings. Subsequently, the mother of the deceased was also brought on record as claimant No.3 in the claim proceedings. The owner and insurer of the said Crane were arrayed as respondent Nos.1 and 2 in the claim proceedings. The Tribunal by its judgement and award dated 30.05.2023 has partly allowed the claim petition and awarded a total sum of ₹18,62,128/- 1 Hereinafter referred to as the ‘Tribunal’ 2 Hereinafter referred to as the ‘deceased’ - 4 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 together with interest at 9% per annum. Being aggrieved and seeking for enhancement of the compensation awarded, the claimants have preferred the present appeal. 4. Learned counsel for the appellants/claimants Smt.Sandhya D. contends that the Tribunal has erred in assessing the age of the deceased as 34 years by relying on the post-mortem report (Ex.P8) when the Aadhaar card (Ex.P12) of the deceased discloses his date of birth as 15.08.1994. It is further contended that the Tribunal has not awarded future prospects while assessing the loss of dependency. It is further contended the compensation awarded on other conventional heads is also on the lower side. 5. Per contra, Shri S.V. Hegde Mulkhand, learned counsel appearing for the respondent No.2 - insurer justifies the compensation awarded by the Tribunal and contends that the Tribunal was justified in taking the age of the deceased as per the post-mortem report. 6. The submissions of both the learned counsels have been considered and the material on record have been perused including records of the Tribunal. - 5 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 7. The Aadhaar Card of the deceased (Ex.P12) discloses his date of birth as 15.08.1994. The date of accident is 06.03.2022. Hence, it is clear that he had completed 27 years as on the date of the accident. The Tribunal by noticing the age mentioned in the post-mortem report (Ex.P8) has assessed the age as 34 years, which is erroneous and liable to be interfered with. Accordingly, the age of the deceased is reassessed as 27 years. Since the age of the deceased is re- assessed as 27 years, the appropriate multiplier would be ‘17’. 8. The Tribunal has assessed the income of the deceased as Rs.14,000/-. However, having regard to the avocation of the claimant, wages and price index as on the date of the accident, the income of the claimant is notionally reassessed as `15,500/-. 9. The Tribunal has not awarded future prospects while assessing the income of the deceased for the purpose of considering the loss of dependency. Having regard to the judgement of the Hon'ble Supreme Court in the case of National Insurance Company Limited V. Pranay Sethi - 6 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 and others3, 40% of the income of the deceased is required to be added towards future prospects. 10. The future prospects at 40% is required to be added to the same and 1/3rd is to be deducted towards personal expenses of the deceased. Hence, the income of the deceased is reassessed as [`15,500/- + `6200 (40%) = `21,700/- - `7233/- (1/3)] `14,467/- and the loss of dependency is re-assessed as (`14,467/- x 12 x 17) `29,51,268/- as against `18,62,128/- assessed by the Tribunal. 11. The claimants being the wife, daughter and mother are required to be awarded loss of consortium ₹40,000/- each together with enhancement of 10% having regard to the judgment of the Hon’ble Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram and others4. Hence, the loss of consortium is reassessed as (`44,000/-x3) `1,32,000/- as against ₹40,000 awarded by the Tribunal. 12. The compensation towards loss of estate and funeral expenses is required to be awarded in a sum of 3 (2017) 16 SCC 680 4 (2018) 18 SCC 130 - 7 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 ₹15,000/- each together with increment at 10%. Hence, a sum of ₹16,500/- each is required to be awarded towards the same. 13. It is forthcoming that the accident occurred on 06.03.2022 and immediately after the accident, the deceased has taken first aid treatment at Chikmagalur and thereafter he was shifted to Mangalore for further treatment where he succumbed to his injuries on 08.03.2022 as is forthcoming from the Post Mortem Report (Ex.P8). Hence, it is just that a sum of ₹15,000/- be awarded towards medical expenses. 14. In view of the aforementioned the compensation reassessed as follows: Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1. Loss of dependency 17,92,128.00 29,51,268.00 2. Loss of consortium 40,000.00 1,32,000.00 3. Loss of Estate 15,000.00 16,500.00 4. Funeral expenses 15,000.00 16,500.00 5. Medical expenses 00 15,000.00 Total 18,62,128.00 31,31,268.00 15. The appellants/claimants are entitled to enhanced compensation of (`31,31,268/- - `18,62,128/-) - 8 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 `12,69,140/-, rounded off to `12,70,000/-. Although the Tribunal has awarded interest at 9% per annum, on the enhanced compensation the interest is awarded at 6% per annum. 16. In the result, the following order is passed: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 30.05.2023 passed in MVC No.598/2022 by the II Additional Senior Civil Judge and JMFC., Hassan is modified to the extent stated herein. iii) The appellants/claimants are entitled for an enhanced compensation of `12,70,000/- with interest at 6% p.a. from the date of petition till its realization, in addition to the compensation awarded by the Tribunal; iv) In all other aspects, the judgment and award of the Tribunal remains unaltered. - 9 - NC: 2025:KHC:8142 MFA No. 8178 of 2023 v) The Registry to draw the modified decree accordingly. vi) No costs. SD/- (C.M. POONACHA) JUDGE BS List No.: 38 Sl No.: 10