- 1 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO.100380 OF 2021 (MV-D) BETWEEN: 1. SHILPA W/O CHIDANANDA DHADUTI, AGE 35 YEARS, OCC. HOUSEHOLD, R/O. BAILHONGAL, PIN-591102, TAL. BAILHONGAL, DIST. BELAGAVI. 2. SAVITA W/O RUDRAPPA KADAKOL, AGE 33 YEARS, OCC. HOUSEHOLD, R/O. NEELAGAR GALLI, BAILHONGAL, PIN-591102, TAL. BAILHONGAL, DIST. BELAGAVI. 3. SMT. PRABHAVATI W/O VEERABHADRAPPA BADLI, AGE 52 YEARS, OCC. HOUSEHOLD, R/O. NEELAGAR GALLI, BAILHONGAL, PIN-591102, TAL. BAILHONGAL, DIST. BELAGAVI. - APPELLANTS (BY SRI. HANAMANT R LATUR, ADVOCATE) AND: 1. SHRI. RAMAPPA S/O NINGAPPA KAPALI, AGE 50 YEARS, OCC. BUSINESS, R/O. HUNCHANATTI, PIN-590010, TQ. AND DIST. BELAGAVI. 2. NATIONAL INSURANCE CO. LTD., R/BY ITS DIVISIONAL MANAGER, VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:20:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 RAMADEV GALLI, BELAGAVI, PIN-590001, TQ. AND DIST. BELAGAVI. 3. ARUNKUMAR S/O NARAYAN SHEREGAR, AGE 54 YEARS, OCC. BUSINESS, R/O. 8-2-98, SODEMATH LAND, BAILUKERE, POST. UDUPI, PIN-576101, TQ. AND DIST. UDUPI. - RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.01.2021 PASSED IN M.V.C. NO. 625/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the appellants-claimants being dissatisfied with the quantum of compensation awarded by the Senior Civil Judge & AMACT, Bailhongal (for short, ‘the Tribunal’) in M.V.C. No. 625/2017 dated 16.01.2021 seeking for enhancement of compensation. 2. Brief facts leading to the case are that on 31.07.2016 at about 8.00 p.m. Manjunath (deceased) was proceeding on motorcycle bearing No. KA-20-EB-5110 to go to his house at Bailhongal. When he reached near Bailvad Varti cross on Belagavi-Bailhongal road, motorcycle bearing No.KA-22-EL-4883 came from opposite side in high speed, rash and negligent manner and dashed against the motorcycle of deceased. Due to the accident, Manjunath suffered fatal head injuries and died on the spot. 3. Claimants, who are the parents of the deceased, have filed claim petition seeking compensation of Rs.50 - 4 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 lakhs. It is averred in the claim petition that deceased was aged 24 years as on the date of accident, he was hale and healthy, doing technical work at Aditya Milk Dairy at Kurgund, earning Rs.15,000/- per month and contributing the entire amount for the maintenance of the family. Due to his untimely death the claimants are put to hardship. The accident had occurred due to the negligence of the rider of the offending motorcycle. 4. Respondent No.2-insurer in the objections denied the claim petition averments and contended that the accident as stated in the claim petition had not occurred but the deceased himself fell from the vehicle and caused accident. It further contended that riders of both the motorcycle were not having a valid driving licence. 5. Respondent No.2-owner of the offending vehicle that as on the date of accident the policy of insurance was in force and liability, if any, to pay compensation, is on the insurer. - 5 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 6. The Tribunal on the basis of averments framed necessary issues. Mother of deceased got herself examined as PW1 and got marked documents as per Exs.P.1 to P.15 whereas no oral and documentary evidence is adduced on behalf of the respondents. 7. The Tribunal after hearing both parties and going through the oral and documentary evidence on record, allowed the claim petition in part with costs awarding a total compensation of Rs.12,79,600/- with interest at 9% p.a. from the date of claim petition till payment. Claimants being not satisfied with the quantum of compensation have preferred this appeal seeking enhancement of compensation. 8. Sri Hanamant R. Latur, learned counsel appearing for the claimants-appellants submits that the Tribunal has committed grave error in assessing the income of the deceased at Rs.8,000/- per month. It is submitted that deceased had completed I.T.I. Diploma course in - 6 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 Electronic & Mechanical Branch, having potential to earn at least Rs.15,000/- per month. It is submitted that deceased had applied for the post of Driver in the Excise Department. In the said Department, he received a communication for driving test and if found eligible and appointed, he would have received salary of Rs.30,000/- per month. Hence, learned counsel seeks to assess monthly income of the deceased at Rs.15,000/-. 9. Learned counsel further submitted that the Tribunal ought to have awarded a sum of Rs.40,000/- each to the claimants towards loss of consortium. Thus he prayed to allow the appeal. 10. Per contra, Sri Suresh S. Gundi, learned counsel for the insurer supports the impugned judgment and award of the Tribunal and contended that the Tribunal has recorded a clear finding that no legally acceptable evidence was placed on record to accept income of the deceased. In view of the same, the Tribunal has rightly assessed his - 7 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 income at Rs.8,000/- per month which does not call for interference. It is submitted that claimants No.1(a and b) are the legal heirs of original claimant No.1 and hence the Tribunal rightly awarded compensation towards conventional heads. Thus he prayed to dismiss the appeal. 11. We have anxiously considered the submissions of the parties and carefully perused the material documents placed on record. Upon hearing, the only point which would arise for consideration is: Whether the claimants are entitled for enhanced compensation? 12. The aforesaid point is answered ‘partly in the affirmative’ for the following reasons. 13. The pleadings and material available on record that on 31.07.2016 son of the claimants No.1 and 2 died in a road traffic accident. Deceased was hale and healthy and aged about 32 years as on the date of accident. Deceased - 8 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 had completed I.T.I. Diploma course in Electronic & Mechanical Branch, having potential to earn at least Rs.15,000/- per month. Further deceased had applied for the post of Driver in the Excise Department and he received a communication for driving test and if found eligible and appointed, he would have received salary of Rs.30,000/- per month. The said contention cannot be accepted for the simple reason that the intimation received from the Department at Exs.P.9 to P.11 would indicate that deceased was called to attend the driving test. The said document ipso facto does not establish income of the deceased. 14. The claimants have produced Ex.P.14, Provisional Notional Trade Certificate which would indicate that he completed I.T.I. Diploma in Electronics & Mechanical Branch. Taking note of the same we assess the notional income of the deceased considering him as a ‘skilled labourer’ at Rs.9,000/- per month. For an ‘unskilled labourer’ the notional income as per the chart prepared by - 9 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 the Lok Adalath Chart for the accidents of the year 2016 is Rs.8,750/- per month. In view of the same, we are of the opinion that interest of justice would be met if the income of the deceased is assessed at Rs.9,000/- per month. Accordingly it is considered. 15. Deceased was aged 24 years as on the date of accident and death. In view of the ratio laid down by the Hon’ble Supreme Court in the case of National India Co., Ltd., Vs. Pranay Sethi and Ors.1 40% of the established income should be added to the assessed income of the deceased towards future prospects. The appropriate multiplier applicable is ‘18’. Deceased was a bachelor and hence 50% of his total income should be deducted towards personal expenses. Hence, the compensation towards loss of dependency would be Rs.13,16,800/- (Rs.9,000/- + 3,600/- x 12 x 18 x ½). 1 AIR 2017 SC 5157 - 10 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 16. Records also indicate that claim petition was filed by the parents of the deceased and during the pendency of the claim petition, father of the deceased died and daughters of the claimant No.1 were brought on record. In view of the same, we are of the considered view that interest of justice would be met if a sum of Rs.40,000/- each is awarded to mother and siblings of the deceased towards loss of consortium. The claimants are entitled to a sum of Rs.15,000/- each towards transportation of dead body and funeral expenses. In view of the judgment of the Apex Court in Sarla Verma (supra) and Magma General Insurance Company Ltd. Vs. Nanu Ram alias Chuhru Ram and others2 the claimants are entitled for 10% escalation on the said amount. Thus the claimants are entitled for total compensation as under: 2 (2018) 18 SCC 130 - 11 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 Sl. No. Particulars Amount 1. Loss of dependency (9,000+3,600 x12 x 18 x 1/2) 13,16,900.00 2. Loss of consortium (44,000/- x 3) 1,32,000.00 3. Transportation of dead body 16,500.00 4. Funeral expenses 16,500.00 Total 14,81,800.00 15. The Tribunal has awarded interest at 9% p.a. on the compensation without assigning any specific reasons. Accordingly, the claimants are entitled for interest at the rate of 6% p.a. on the enhanced amount from the date of claim petition till its realization. 16. For the aforesaid reasons we pass the following order: ORDER (a) Appeal filed by the appellants-claimants is allowed in part. Consequently, judgment and award passed by the Senior Civil Judge & AMACT, Bailhongal in M.V.C. No. 625/2017 dated 16.01.2021, is modified awarding total - 12 - HC-KAR NC: 2025:KHC-D:9798-DB MFA No. 100380 of 2021 compensation of Rs.14,81,800/- as against Rs.12,79,600/- awarded by the Tribunal. (b) The compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till realization. (c) The insurer shall deposit the entire compensation amount within six weeks from the date of preparation of the award. (d) The apportionment and deposit of the award amount shall be in terms of the award of the Tribunal. (e) Office to draw award accordingly. (f) Records of the Tribunal shall be transmitted forthwith. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 59