- 1 - NC: 2025:KHC-D:4767 MFA No. 100949 of 2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.100949 OF 2014 (MV) BETWEEN: 1. YANKU NAGU GOWDA, AGE: 46 YEARS, OCC: AGRICULTURIST, 2. SMT. THARA @ SANNI YANKU GOWDA, AGE: 37 YEARS, OCC: AGRICULTURIST, THE PETITIONER NO.1 AND 2, R/O: KUGATEMANE, SAMPAKANDA, TQ: SIRSI, DIST: UTTAR KANNADA. …APPELLANTS (BY SRI S.V.YAJI, ADVOCATE.) AND: 1. VINAYAK MUDHUKAR MURDESHWAR, AGE: MAJOR, R/O: NO.339, 16TH CROSS, J.P. NAGAR, 5TH PHASE, BENGALURU-560078. 2. TATA AIG GENERAL INS. CO. LTD., REPTD. BY ITS BRANCH MANAGER, FIRST FLOOR OFFICE NO.612, 18TH FT ROAD, 6TH BLOCK KORMANGAL, BENGALURU. …RESPONDENTS (BY SRI G.N.RAICHUR, ADVOCATE FOR R2 APPEARED THROUGH VC; R1-SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD OF THE TRIBUNAL PASSED IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:4767 MFA No. 100949 of 2014 MVC NO.72/2013 BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, SIRSI, DATED 31.10.2013, GRANTING ADDITIONAL COMPENSATION OF RS.5,87,000/- WITH INTEREST AT 9% P.A. AND ETC.,. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The above appeal is filed by the claimants challenging the judgment and award dated 31.10.2013, in MVC No.72/2013, by the Senior Civil Judge and Addl. MACT, Sirsi1 seeking for enhancement of quantum of compensation. 2. The Tribunal, by the impugned judgment and award has partly allowed the claim petition and awarded a compensation of ₹4,13,000/- together with interest @ 6% p.a., and held respondents No.1 and 2 jointly and severally liable to pay the compensation and directed the 2nd respondent to deposit the compensation awarded. 3. For the sake of convenience, the parties herein are referred to as per their rank before the Tribunal. 1 Hereinafter referred to as the ‘Tribunal’ - 3 - NC: 2025:KHC-D:4767 MFA No. 100949 of 2014 4. The sole contention urged by learned counsel Sri S.V.Yaji appearing for the appellants is that the deceased in the present case is a 09 year old boy and having regard to the judgment of the Hon’ble Supreme Court in the case of Kishan Gopal & Anr., v. Lala and Ors.,2 the quantum of compensation awarded is required to be enhanced. 5. Per contra, learned counsel Sri G.N.Raichur, appearing for the 2nd respondent justifies the judgment and award passed by the Tribunal. 6. The submissions of both the learned counsels have been considered and the material on record has been perused. 7. The present appeal is filed seeking for enhancement of quantum of compensation. The finding of the Tribunal on negligence and liability is not under challenge and have attained finality. 8. It is forthcoming that the deceased is a 09 years old boy and the claimants are his parents. In the case of 2 (2014) SCC 244 - 4 - NC: 2025:KHC-D:4767 MFA No. 100949 of 2014 Kishan Gopal2, the Hon’ble Supreme Court has taken the notional income as ₹30,000/- in respect of a minor boy, applied the multiplier of 15 and awarded a sum of ₹4,50,000/- towards loss of dependency. Accordingly, it is just and proper that in the present case also the loss of dependency be awarded in a sum of ₹4,50,000/- as against ₹3,00,000/- awarded by the Tribunal. 9. The claimants being the parents are entitled to loss of consortium of ₹40,000/- each together with 10% increment in view of the judgment of Hon’ble Supreme Court in the cases of National Insurance Company Limited v. Pranay Sethi and others3 and Magma General Insurance Company Ltd. v. Nanu Ram Alias Chuhru Ram and others4. Hence, it is just and proper that a sum of ₹88,000/- (₹44,000/- x 2) be awarded towards loss of consortium. Further, a sum of ₹16,500/- each be awarded towards loss of estate and funeral expenses. 3 (2017) 16 SCC 680 4 2018 (18) SCC 130 - 5 - NC: 2025:KHC-D:4767 MFA No. 100949 of 2014 10. It is further forthcoming that the claimants had incurred medical expenses and having regard to the medical bills (16 Nos.,) which were produced as Ex.P.6 before the Tribunal, the Tribunal has awarded a sum of ₹63,000/- towards the same. Hence, the said amount of medical expenses is required to be awarded in the present case also. 11. In view of the aforementioned, the compensation is reassessed as follows: Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1 Loss of dependency. 3,00,000 4,50,000 2 Loss of consortium. - 88,000 3. Funeral expenses. 10,000 16,500 4. Loss of estate. - 16,500 5. Medical expenses. 63,000 63,000 6. Mental agony. 40,000 - Total: 4,13,000 6,34,000 12. Hence, the claimants are entitled to enhanced compensation of Rs.2,21,000/- (Rs.6,34,000/- minus Rs.4,13,000). - 6 - NC: 2025:KHC-D:4767 MFA No. 100949 of 2014 13. In view of the aforementioned, the following: ORDER i. The appeal is allowed in part; ii. The judgment and award dated 31.10.2013, in MVC No.72/2013, by the Senior Civil Judge and Addl. MACT, Sirsi, is modified to the extent stated herein; iii. The claimants are entitled to enhanced compensation of ₹2,21,000/- together with interest @ 6% p.a., from the date of petition till date of realization, in addition to the compensation awarded by the Tribunal; iv. In all other aspects, the judgment and award of the Tribunal remain unaltered; v. The registry to draw the modified award accordingly. Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 35